Legally Sane

On 18.07.2024, a Full Bench of the Supreme Court of India in Civil Appeal No. 7821 of 2024 titled SBI General Insurance Co. Ltd. v. Krish Spinning reported in (2024) 7 S.C.R. 840 has decided on a substantial question of law relating to the Scope of judicial interference at the stage of referral of the dispute to the arbitral tribunal in a case where the contract has been discharged by “accord and satisfaction ” , wherein, the Respondent obtained a standard fire and special perils (material damage) insurance policy from the Appellant for a total sum insured of Rs 7,20,00,000/-. During the covered period, two incidents of fire took place at the factory premises of the Respondent, as a result of which the Respondent suffered a loss amounting to Rs 1,76,19,967/- and Rs 6,32,25,967/- respectively. The surveyor assessed the quantum of loss at Rs 84,19,579/- and the Respondent accepted the same vide a consent letter and the Respondent signed an advance discharge voucher, confirming the recei...

On 24.10.2024, a Division Bench of the Supreme Court of India in Civil Appeal No. 6333 of 2013 titled N. Thajudeen Vs. Tamil Nadu Khadi And Village Industries Board has decided on a substantial question of law relating to the suspension and revocation of a gift deed, wherein, the Respondent instituted a suit for declaration of its title over the suit property i.e. a piece of land and for recovery of its possession on the basis of a registered gift deed dated 05.03.1983 allegedly executed by the Appellant which was said to have been accepted by the Respondent. The suit was dismissed by the Trial Court primarily on the ground that the alleged gift deed was not valid as it was never accepted and acted upon . Aggrieved by the aforesaid decision, the Respondent preferred an appeal before the DJ which was allowed. The second appeal filed by the Appellant was dismissed by the HC and the gift was held to be valid with a finding that it was acted upon and accepted and as such in the absence o...

On 24.10.2024, a Division Bench of the Hon'ble Supreme Court of India in Criminal Appeal No. 4277 of 2024 titled Central Bureau of Investigation Vs. Ashok Sirpal has decided on a substantial question of law relating to the suspension of the sentence of fine , wherein, the Respondent/A2 was convicted for the offences punishable under Section 120B read with Sections 420/419 of the IPC and Sections 13(1)(d) and 13(2) of the PC Act. He was sentenced to undergo RI for 7 years for each offence. He was sentenced to pay a fine of Rs.95,00,000/­. In default of the payment of the fine, he was ordered to undergo SI for a period of 21 months. The substantive sentences were ordered to run concurrently. The Respondent preferred an appeal against conviction before the DHC and the same was admitted by the impugned order, the sentence was suspended by the Single Judge of the DHC. The CBI approached the SC challenging the validity of the impugned order whereby the execution of sentence imposed on ...