Supreme Court of India · 2019-10-17
M. HARIHARASUDHAN vs R. KARMEGAM
- Citation / case number
- SC 2019/15944
- Court
- Supreme Court of India
- Petitioner
- M. HARIHARASUDHAN
- Respondent
- R. KARMEGAM
- Author
- HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
- Bench
- HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
Judgment text excerpt
The Supreme Court addressed the maintainability of a suit for damages under the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992, specifically examining Sections 10 and 11 of the Act. The Court held that the Act does not expressly bar civil court jurisdiction, and thus, the High Court's conclusion that the Act impliedly excludes civil suits was incorrect. The Court reinstated the trial court's decree in favor of the Appellant, affirming the maintainability of the suit for damages caused by the Respondents.