VidhiSangh

Supreme Court of India · 17/10/2019

M. HARIHARASUDHAN versus R. KARMEGAM AND ORS.

[2019] 13 S.C.R. 442 · 2019 INSC 1162

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Summary

A hotel owner’s damages decree was set aside solely because the High Court inferred that the Tamil Nadu property-damage statute displaced civil jurisdiction. The Supreme Court held that its compensation mechanisms were additional remedies and did not expressly or impliedly bar a common-law damages suit. It restored maintainability and remitted the first appeal for decision on merits.

Issues

  1. Whether the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 ousted civil jurisdiction over a damages claim.

Provisions considered

Held

Result

The appeal was allowed, the High Court judgment set aside and A.S. (MD) 143 of 2018 remitted to the High Court for decision on merits. The Court determined maintainability without finally affirming the damages award.

Judgment PDF: Supreme Court of India, [2019] 13 S.C.R. 442.