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Supreme Court of India 2019-10-17 allowed

M. Hariharasudhan vs R. Karmegam and Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

M. Hariharasudhan challenged a court decision holding that the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 implicitly prevented civil courts from awarding damages. The Supreme Court held that the Act does not oust civil court jurisdiction. Instead, civil courts retain concurrent jurisdiction to award damages alongside the remedies available under the Act itself. The Court found the State's amendment to the rules was an oversight and affirmed that the Act's scheme permits civil court proceedings in parallel with statutory remedies.

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Civil Procedure Jurisdiction of Civil Courts Property Law Statutory Construction

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