Search Judgments

Code of Criminal Procedure, 1973 (CrPC) – Section 482 – Indian Penal Code, 1860 (IPC) – Sections 376(2)(n) and 506 – The appellant appealed against a Delhi High Court order that refused to quash an FIR registered against him under Sections 376(2)(n) (rape) and 506 (criminal intimidation) of the IPC. The complainant alleged a forceful sexual relationship under the false promise of marriage, while the appellant claimed it was consensual.

The Supreme Court considered whether the allegations in the FIR and chargesheet constituted offences under Sections 376(2)(n) and 506 IPC. The Court noted the consensual nature of the relationship, the complainant’s continued engagement with the appellant, and the absence of a clear promise of marriage at the outset.

Registration Act, 1908 – Section 33 And 35 – This case revolves around the refusal by the Joint Sub-Registrar – I, Udhagamandalam, to register an ex parte decree obtained by the respondent in O.S.No.102 of 2004. The Registrar’s refusal was based on a circular issued by the Inspector General of Registration, which directed Registrars not to register ex parte decrees. The respondent challenged this refusal in a Writ Petition, which was initially dismissed by a Single Judge on the ground of delay under Section 23 of the Registration Act, 1908. Later, the decision was overturned, and the Writ Petition was allowed, directing the registration of the decree.

Indian Stamp Act, 1899 – Section 33, 38, 40, 42, 49, 49(d)(5) – The petitioner challenged proceedings where a leave and license agreement was impounded by the 3rd respondent (Registering Authority) for allegedly being a lease agreement requiring higher stamp duty. The petitioner argued it was merely an agreement for a future lease as the building was yet to be constructed. The 3rd respondent, however, demanded a sum of Rs. 1,92,59,800/- as stamp duty.

Land Acquisition Act, 1894 – Section 30; Arbitration and Conciliation Act, 1996; Code of Civil Procedure, 1908 – Section 141, 151 & 152 – The Civil Revision Petitions arise from orders passed in interlocutory applications related to LAOP No. 30 of 2012 concerning land acquired by the Government from M/s. Venkateswara Roller Flour Mill. Due to disputes over compensation entitlement, a reference was made under Section 30 of the Land Acquisition Act to the City Civil Court, which deposited the compensation amount.

Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 – Section 10(1), 12, 18(1), 22, 23; Transfer of Property Act, 1882 – Section 43 – This writ petition challenges an order dated 18.01.2024, directing the subdivision and demarcation of land in Chittaravuthanpalayam Village, Dharapuram Taluk, Tiruppur District, and the inclusion of legal heirs of late Seethaiammal in the joint patta. The dispute arises from land ceiling proceedings initiated in 1978 concerning property originally owned by Deivasigamani Gounder, who bequeathed it to his daughters with a life interest to his wife, Seethaiammal. The petitioners, who purchased a portion of the land from one of the daughters (Krishnammal), claim rights based on a sale deed dated 25.08.1980.

The respondents contend that the sale by Krishnammal during Seethaiammal’s lifetime was invalid due to Seethaiammal’s life interest.

Commercial Courts Act, 2015 – Section 12A & Order VII, Rule 11 of CPC – This Civil Revision Petition challenges the order of the Sub Court, Kovilpatti, which dismissed the petitioner’s application for rejection of the plaint under Order VII, Rule 11 of the Civil Procedure Code (CPC). The petitioner argued that the commercial suit was filed without resorting to mandatory pre-litigation mediation under Section 12-A of the Commercial Courts Act, 2015.

The Trial Court rejected the application considering that the suit was initially filed as a normal suit, later transferred to the Commercial Court, the trial was complete, and the suit included a request for urgent relief of attachment before judgment.

The High Court referred to the Supreme Court’s rulings in Patil Automation Private Limited Vs.