Indian Penal Code

Vineet @ Chottu vs State Of UP - Ss 302, 304 IPC

Indian Penal Code 1860 - Section 302,304 - Trial Court framed charge in the first instance for the offence of culpable homicide not amounting to murder even when charge sheet is filed for the offence of murder - While dismissing SLP, SC observed: how can the Trial Court frame

Consumer Protection Act

Bar Of Indian Lawyers vs DK Gandhi - Consumer Protection Act - Reference

Consumer Protection Act - In Bar Of Indian Lawyers vs DK Gandhi, two judges bench doubted the correctness of the judgment in Indian Medical Association Vs. V.P. Shantha” (1995) 6 SCC 651 - Whether a ‘profession’ could be treated as ‘business’ or ‘trade’ and, therefore, covered within the ambit

Service Law

Life Insurance Corporation Of India vs Om Parkash 2024 INSC 870 - Service Law - Termination

Service Law - High Court granted relief to employee on the ground that the termination order was passed without affording a reasonable opportunity or conducting an inquiry into the charge of absence from duty- Allowing appeal filed by LIC, SC observed: The Court overlooked that it was a case of

Criminal

XYZ vs State Of Gujarat 2024 INSC 869 - S 482 CrPC - Quashing On Settlement

Code of Criminal Procedure 1973 - Section 482 - Constitution of India - Article 226 - When petitions are filed before the High Court for quashing criminal proceedings of non-compoundable offences on the ground of settlement, the High Court must satisfy itself that there is a genuine settlement between the

Criminal

Krishna Chandra vs State Of Uttar Pradesh - S 497 IPC - Complaint Quashed

Code of Criminal Procedure 1973 - Section 482 - Indian Penal Code 1860 - Section 497 - Complaint alleging offence under Section 497 IPC - HC refused to quash the complaint - Allowing appeal, SC observed - There is absolutely no question of convicting the appellant for the offence under

Constitution Of India

MC Mehta vs Union Of India - Fundamental Right To Pollution Free Atmosphere - Crackers Ban

Constitution of India - Article 21 -The right to live in a pollution-free atmosphere is a fundamental right of every citizen, protected by Article 21 of the Constitution of India - No religion encourages any activity which creates pollution. The use of firecrackers also affects the fundamental right to health

Tenancy Laws

Vasudeo Dattu Holkar vs Damodhar Dhondiba Zambare (D) - Maharashtra Tenancy and Agricultural Lands Act

Maharashtra Tenancy and Agricultural Lands Act, 1948 - Section 31 - irrespective of the question whether the landlord is a minor or a widow or a person subject to any mental or physical disability, landlord is having an irrecusable duty to send an intimation to the tenant, before the expiry

Contract Law

Ramachandra Reddy (D) vs Ramulu Ammal (D) 2024 INSC 868 - Contract Act - Consideration - Settlement Deed- S 100 CPC - Second Appeal

Indian Stamp Act 1899 - Section 2 (24)- Indian Contract Act 1872 - Section 2 - Settlement - ‘Consideration’ need not always be in monetary terms. It can be in other forms as well. [In this case, High Court held that the deed in question was a gift deed

Compassionate Appointment Featured

Tinku vs State Of Haryana 2024 INSC - Article 14 Constitution - Compassionate Appointment

Compassionate Appointment - This right is not a condition of service of an employee who dies in harness, which must be given to the dependent without any kind of scrutiny or undertaking a process of selection. It is an appointment which is given on proper and strict scrutiny of the

Constitution Of India Featured

In Re: Directions In The Matter Of Demolition Of Structures 2024 INSC 866

Demolition of Structures - Directions issued: A. NOTICE i. No demolition should be carried out without a prior show cause notice returnable either in accordance with the time provided by the local municipal laws or within 15 days’ time from the date of service of such notice, whichever is later.

Civil

Shyam Kumar Inani vs Vinod Agrawal 2024 INSC 865 - Limitation Act - Sale Agreement

Limitation Act 1963 - Article 54- Second part of Article 54 of the Schedule to the Limitation Act would be applicable once there was no date fixed for performance in the Agreement to Sell. (Para 5) Transfer of Property Act 1882- Section 52 - Sale deeds executed during the pendency

Criminal Featured

Raghul Dinesh vs Sub Inspector Of Police - S 482 CrPC

Code Of Criminal Procedure 1973 - Section 482- To prevent abuse of process of court, High Court in exercise of its inherent powers under Section 482, Cr.PC could quash the proceedings but there would be justification for interference only when the complaint did not disclose any offence or was

Constitution Of India

Mandeep Singh vs Collector - Writ Petition - Election Matters

Constitution of India - Article 226 -Election matters-When the election process has begun, no order should normally be passed by the courts interfering with the election. The logic being that, if in such election matters, an interference is made by the Courts, then in all likelihood, no election can take

Indian Penal Code Featured

Sonu Choudary vs State Of NCT Of Delhi 2024 INSC 864 - Ss 442,452 IPC - House Trespass

Indian Penal Code 1860 - Section 452,442 - In order to convict a person for the offence under Section 452, it has to be proved beyond reasonable doubt that the accused had committed a house trespass within the meaning of Section 442, on he having made preparation for causing

SC Orders

Dr Subramanian Swamy vs State Of Andhra Pradesh - Tirupati Laddoos

Summary: PIL on controversy that adulterated ghee was used in manufacture/preparation of prasadam/laddoos - Disposed of by issuing directions: In order to assuage the feelings of crores of people/devotees, investigation should be conducted by an independent SIT- I) The SIT constituted by the State Government is substituted

Constitution Of India

In Re Manoj Tibrewal Akash - Road Widening Projects 2024 INSC 863- Demolition - Bulldozer Justice

Bulldozer Justice- Justice through bulldozers is unknown to any civilized system of jurisprudence. There is a grave danger that if high handed and unlawful behaviour is permitted by any wing or officer of the state, demolition of citizens’ properties will take place as a selective reprisal for extraneous reasons. Citizens’

Criminal Featured

Wazid vs State Of UP - Bail - Long Pendency

Bail - Even a single day delay in deciding the bail application adversely affect the fundamental rights of the citizens - Deprecates practice of keeping bail application pending for years together. (Para 4-5) Read Order

Constitution Of India Featured

Kishan Chand Jain vs Union Of India - Article 348(1)(a) Constitution - SC/HC Court Proceedings English Language

Constitution of India - Article 348(1)(a)- Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise provides, all proceedings in the Supreme Court and in every High Court shall be in the English language- Dismissing Writ Petition in limine, SC observed: The challenge

Service Law Featured

Starpayal Natarajan Iyer vs State Of Gujarat - Service Law - Pension

Pension - Payment of pension is not a bounty but a recurring occurrence- Reiterated D.S. Nakara and Ors. Vs. Union of India: (1983) 1 SCC 305: AIR 1983 SC 130: (i) that pension is neither a bounty nor a matter of grace depending upon the sweet will of the

INSC Featured

Justice Shailendra Singh vs Union of India 2024 INSC 862 - HC Judges - Conditions of Service - Retiral Dues

Constitution of India 1950 - Article 221 - (i) The High Courts are constitutional institutions and upon appointment as judges of the High Court, all judges, irrespective of the source from which they are drawn, partake the character of holders of constitutional offices in equal measure; (ii) Neither Article 221(

Specific Relief Act Featured

Siddamsetty Infra Projects Pvt. Ltd. vs Katta Sujatha Reddy 2024 INSC 861 - SC Rules - Review - S 52 TP Act - Lis Pendens - Contract Law - Specific Performance

Case Details Case name: Siddamsetty Infra Projects Pvt. Ltd. vs Katta Sujatha Reddy Coram: CJI DY Chandrachud, Justices JB Pardiwala and Manoj Misra Citation: 2024 INSC 861 Transfer of Property Act 1882 - Section 52 -The following conditions ought to be fulfilled for the doctrine of lis pendens to apply:

Arbitration Featured

Lifeforce Cryobank Sciences Inc vs Cyroviva Biotech Pvt. Ltd 2024 INSC 860 - S 11(6) Arbitration Act

Arbitration and Conciliation Act 1996 - Section 11(6) - At the stage of consideration of a prayer under Section 11(6) of the 1996 Act the Court has to confine itself to the examination of the existence of an arbitration agreement (vide sub-section (6-A) of Section 11)- It

Partnership Act Featured

Crystal Transport Private Limited vs A Fathima Fareedunisa 2024 INSC 859 - Partnership Act

Read Judgment Partnership Act 1932 -Section 37 -If a partner is carrying on business with the assets of the firm, till a final settlement is made, the outgoing partner, would have the right to seek for accounts and a share in the profits which might be derived from his share

Arbitration Featured

Central Organisation for Railway Electrification vs ECI SPIC SMO MCML (JV) 2024 INSC 857 - Arbitration - Unilateral Clause

Arbitration and Conciliation Act -The principle of equal treatment of parties applies at all stages of arbitration proceedings, including the stage of appointment of arbitrators-. The Arbitration Act does not prohibit PSUs from empanelling potential arbitrators. However, an arbitration clause cannot mandate the other party to select its arbitrator from

Constitution Of India Featured

Aligarh Muslim University vs Naresh Agarwal 2024 INSC 856 - Minority Status - Article 30 Constitution

Constitution of India -Article 30(1) - Article 30(1) can be classified as both an anti-discrimination provision and a special rights provision. A legislation or an executive action which discriminates against religious or linguistic minorities in establishing or administering educational institutions is ultra vires Article 30(1). This is