CaseCiter

Hindu Succession Act

Kallakuri Pattabhiramaswamy (D) Vs Kallakuri Kamaraju 2024 INSC 883 - S 14 HSA

Hindu Succession Act 1956 - Section 14 - Property given in lieu of maintenance would solidify into absolute ownership by action of Section 14(1) of HSA, 1956. In other words, the right of maintenance on its own is apposite for such property to transfer into her sole, unquestionable, and

Consolidation of Holdings Act

Shambhu Chauhan Vs Ram Kirpal @ Chirkut 2024 INSC 882 - Consolidation of Holdings Act - Article 226 Constitution

Consolidation of Holdings Act, 1953 - Section 48 -Deputy Director of Consolidation, being a Revisional Authority, had jurisdiction to interfere with the finding on facts of the subordinate authority only when the said findings are perverse or not supported by any evidence on record or contrary to law. (Para 7-10)

CENVAT Rules

Bharti Airtel Ltd. vs The Commissioner Of Central Excise, Pune 2024 INSC 880 - CENVAT Rules - Mobile Towers

CENVAT Rules - Rule 2(k) - The mobile tower and pre-fabricated buildings (PFBs) are “goods” and not immovable property - As these goods are used for providing mobile telecommunication services, they would also qualify as “inputs” under Rule 2(k) for the purpose of credit benefits under the CENVAT

Indian Penal Code

Prashant Vs State Of NCT Of Delhi 2024 INSC 879 - S 376 IPC - Rape By Promise To Marriage

Indian Penal Code 1860 - Section 376 - A mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings- What was a consensual relationship between the parties at the initial stages cannot be given a colour of criminality when the said relationship does not

Code Of Criminal Procedure

MR Ajayan Vs State Of Kerala 2024 INSC 881 - S 195 CrPC - Article 136 Constitution

Code Of Criminal Procedure 1973 - Section 195 - The protection intended by the section against a private person filing a frivolous complaint is taken care of when the High Court finds that the matter was required to be gone into in public interest. Such direction cannot be rendered futile

Family Law

Benudhar Naik Vs Prabasini @ Tuni Naik - Permanent Alimony - Irretrievable Breakdown Of Marriage

Constitution of India - Article 142 - The prolonged separation and the severity of the allegations are evidence of the fact that the marriage between the parties has completely broken down- Supreme Court has the discretionary power under Article 142(1) of the Constitution of India to dissolve a marriage

Indian Penal Code

Sunny @ Santosh Dharmu Bhosale Vs State Of Maharashtra 2024 INSC 878 - Ss 302,304 IPC

Indian Penal Code 1860 - Section 302 -304 - Partly allowing appeal filed by accused, SC observed: Medical evidence would show that the injuries caused are with the bamboo stick, which is commonly available in a village. The possibility of the deceased following the appellant and an altercation taking place

Code Of Criminal Procedure

Siddique vs State Of Kerala 2024 INSC 877 - Anticipatory Bail

Code of Criminal Procedure 1973 - Section 438 - Anticipatory Bail Granted - Allowing appeal, SC observed: Considering the fact that the complainant had lodged the complaint almost eight years after the alleged incident, which had taken place in 2016 and the fact that she had also posted the post

Code Of Civil Procedure

State Of Haryana vs Amin Lal (D) 2024 INSC 875 - Adverse Possession - Revenue Records

Adverse Possession - State cannot claim adverse possession over the property of its own citizens - Allowing the State to appropriate private property through adverse possession would undermine the constitutional rights of citizens and erode public trust in the government. (Para 10-11) - Adverse possession requires possession that is continuous,

Indian Divorce Act

Dr. Rajiv Verghese vs Rose Chakkrammankkil Francis 2024 INSC 876 - Indian Divorce Act - Maintenance

Indian Divorce Act, 1869- High Court reduced maintenance to Rs.80,000 - Allowing appeal filed by wife, SC observed: During the pendency of the divorce petition, the wife is also entitled to enjoy the same amenities of life as she would have been entitled to in her matrimonial home-

Code Of Civil Procedure

Hitesh Bhuralal Jain vs Rajpal Amarnath Yadav - CPC - Receiver Appointment

Code Of Civil Procedure 1908 - Order XL - The court would not appoint a receiver until and unless there are certain compelling reasons - Mere recording of the expressions ‘prima facia case’ and ‘conduct’ by themselves are not sufficient- It should indicate how the property would deteriorate without the

Disciplinary Proceedings

State Bank Of India vs Navin Kumar Sinha 2024 INSC 874 - Disciplinary Proceedings

Disciplinary Proceedings - A departmental proceeding is not initiated merely on issuance of a show cause notice. It is initiated only when a chargesheet is issued because that is the date of application of mind on the allegations levelled against an employee by the competent authority- A subsisting disciplinary proceeding

Environmental Law

MC Mehta vs Union Of India - Delhi NCR -Environmental Law- AQI - Air Pollution

Environmental Law - The constitutional obligation of the Central Government and the State Governments is to ensure that the citizens live in a pollution-free atmosphere. Therefore, in addition to the actions proposed under Stages III and IV of the GRAP, all possible actions shall be taken at the level of

Service Law

Gurmeet Singh vs State Of Punjab 2024 INSC 872 - Service Law - ACP Scheme -Proficiency Step-up Scheme

Service Law - High Court dismissed writ petitions preferred by the appellants for grant of benefits under the Proficiency Step-up Scheme, 1988 and Assured Career Progression Scheme, 1998, by accounting for their entire service period including that in the work charged establishment - Allowing appeal, SC observed: The fundamental distinction

Disciplinary Proceedings

Satyendra Singh vs State Of Uttar Pradesh 2024 INSC 873 - Disciplinary Proceedings - Ex-Party Inquiry

Disciplinary Proceedings - Recording of evidence in a disciplinary proceeding proposing charges of a major punishment is mandatory- Even in an ex-parte inquiry, it is sine qua non to record the evidence of the witnesses for proving the charges- mere production of documents is not enough, contents of documentary evidence

Constitution Of India

Ganapati Bhikarao Naik Vs Nuclear Power Corporation Of India Limited 2024 INSC 871 - Article 226 Constitution- Labour Court

Constitution of India - Article 226 - Labour Court - When Labour Court reached the factual conclusion, after due consideration of the material evidence, such factual finding should not normally be disturbed by a Writ Court without compelling reason. (Para 12) Summary: The appellant, as a family member of a

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 867- 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