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

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

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

Mineral (Other than Atomic and Hydrocarbons Energy Minerals) Concession Rules Featured

Kirloskar Ferrous Industires Limited vs Union Of India 2024 INSC 848 - MCR - MCDR -Royalty Computation

Mineral (Other than Atomic and Hydrocarbons Energy Minerals) Concession Rules, 2016 (MCR)- Explanation to Rule 38 ; Mineral Conservation and Development Rules, 2017 (MCDR) - Explanation to Rule 45(8)(a) - Validity of stipulation that computation of royalty to be levied for the extraction or consumption of mined ores-

Medical College Admission Featured

Ramakrishna Medical College Hospital vs State Of Madhya Pradesh 2024 INSC 845 - Restitution - Interim Orders - Medical College Admission

Principle of restitution - If on account of an act of a party persuading the court to pass an order, which at the end has been held not sustainable and if in the process one party has gained an advantage which it would not have otherwise earned or the other

Land Acquisition Act 1894 Featured

Manik Panjabrao Kalmegh vs Executive Engineer Bembala Project Division Yavatmal 2024 INSC 844 - Land Acquisition Act -Cumulative Increase

Land Acquisition Act 1894 - The grant of cumulative increase in the market value of the land is not an absolute rule and that it is optional and may be granted in a given case only.

Criminal Featured

Aruna Dhanyakumar Doshi vs State Of Telangana 2024 INSC 855 - S 482 CrPC - Quashing FIR

Code Of Criminal Procedure 1973 - Section 482- High Court quashed FIR against respondents for the offences punishable under Sections 342, 347, 504, 506, 116 and 384 IPC as well as under Sections 23 and 24 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007- Dismissing appeal,

Customs Act Featured

Commissioner of Customs vs Canon India Pvt. Ltd. 2024 INSC 854 - Article 137 Constitution - Review - Customs Act

Customs Act 1962- Section 28(11)- Constitutional Validity upheld- Its application is not limited to the period between 08.04.2011 and 16.09.2011. (Para 155) Finance Act 2022 - Section 97 - Constitutional Validity upheld. (Para 167) Constitution of India - Article 137 ; Supreme Court Rules, 2013

Insolvency and Bankruptcy Code Featured

State Bank Of India vs Consortium of Murari Lal Jalan and Florian Fritsch 2024 INSC 852 - IBC - NCLT & NCLAT

Insolvency and Bankruptcy Code 2016 (IBC)- Existing insolvency framework does not provide any scope for effecting further modifications or withdrawals of the Resolution Plan approved by the CoC, at the behest of the successful resolution applicant, once the plan has been submitted to the adjudicating authority. The submitted Resolution

Arbitration Featured

GOQII Technologies Private Limited vs Sokrati Technologies Private Limited 2024 INSC 853 - S 11 Arbitration Act

Arbitration and Conciliation Act 1996 - Section 11 -The scope of inquiry under Section 11 of the Act, 1996 is limited to ascertaining the prima facie existence of an arbitration agreement - Frivolity in litigation too is an aspect which the referral court should not decide at the stage of

Arbitration Featured

HPCL Bio -Fuels Ltd. vs Shahaji Bhanudas Bhad 2024 INSC 851 - Section 11 Arbitration Act - Order 23 Rule 1 CPC - Section 5, 14 Limitation Act

Arbitration & Conciliation Act 1996- Section 11 ; Code Of Civil Procedure 1908 - Order 23 Rule 1- An application under Section 11(6) of the Act, 1996 is not a suit and hence will not be governed stricto-sensu by Order 23 Rule 1 of the CPC. However, the principles underlying