2024 INSC April

Vinod Kumar vs Union Of India 2024 INSC 332 – Service – Regularization – Umadevi Judgment

Service Law – Regularization – Despite being appointed for what was termed a temporary or scheme-based engagement, the appellants have been continuously working in these positions from 1992 till the present, spanning a period exceeding 25 years- The Tribunal’s judgment negated the appellants’ plea for regularization and absorption into the posts of ‘Accounts Clerk’ against …

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Kariman vs State Of Chhattisgarh 2024 INSC 335 – Murder Conviction Modified To 304 IPC

Indian Penal Code, 1860; Section 300,302,304 -Appeal by accused against concurrent conviction under Section 302 IPC – The cause of death was opined as shock due to internal bleeding. Thus, by no stretch of imagination, can be it accepted that the accused had the intention to cause injury/injuries to the victim with the intention or …

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Maya Gopinathan vs Anoop SB 2024 INSC 334 – Matrimonial Cases – Standard Of Proof – Stridhan

Stridhan -Gifts made to the bride by the bride’s husband or her parents or by relatives from the side of her husband or parents, at the time of marriage, constitute her stridhan- The properties gifted to a woman before marriage, at the time of marriage or at the time of bidding of farewell or thereafter …

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Arcadia Shipping Ltd. vs Tata Steel Limited 2024 INSC 333 – Order I Rule 3,7 CPC

Code of Civil Procedure, 1908 ; Order I Rule 3,7 – Plaintiff may join as a defendant in one suit, all persons against whom, the plaintiff claims the right to relief in respect of, or arising out of, the same act or transaction or series of transactions. The claim viz. the defendants can be joint, …

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Sanju Ranjan Nayar vs Jayaraj 2024 INSC 331 – S 482 CrPC

Code Of Criminal Procedure, 1973; Section 482- High Court quashed the First Information Report for the offence under Section 7(a) of the Prevention of Corruption Act – Allowing appeal, SC held: despite the accused having been exonerated in the departmental proceedings yet the competent authority, vide Annexure P3 proceeded to accord sanction for prosecution. The …

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Jyoti Devi vs Suket Hospital 2024 INSC 330 – Medical Negligence – Eggshell Skull Rule

Eggshell Skull Rule– It is a common law doctrine that makes a defendant liable for the plaintiff’s unforeseeable and uncommon reactions to the defendant’s negligent or intentional tort. In simple terms, a person who has an eggshell skull is one who would be more severely impacted by an act, which an otherwise “normal person” would …

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Yash Raj Films Private Limited vs Afreen Fatima Zaidi 2024 INSC 328 -Movie Promo- Consumer Protection Act -Deficiency Of Service – Unfair Trade Practice

Consumer Protection Act, 1986 –Legal implications of a promotional trailer, popularly known as a ‘promo’, or a teaser that is circulated before the release of a movie- Whether it create any contractual relationship or obligations akin to it? Is it an unfair trade practice if the contents of the promotional trailer are not shown in …

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Pernod Ricard India (P) Ltd vs State Of Madhya Pradesh 2024 INSC 327- MP Foreign Liquor Rules -General Clauses Act

Madhya Pradesh Foreign Liquor Rules, 1996-Whether it is the rule that existed when the violation occurred during the license period of 2009-10 or the rule that was substituted in 2011 when proceedings for penalty were initiated? If the amendment by way of a substitution in 2011 is intended to reduce the quantum of penalty for …

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Govind Kumar Sharma vs Bank Of Baroda 2024 INSC 326 – SARFAESI

SARFAESI Act, 2002 – DRT set aside auction sale held in favour of the appellants – DRAT dismissed appeal – HC dismissed WP – Disposing appeal, SC held a) setting aside of the auction sale is affirmed. b) The status of the appellants as tenants shall stand restored leaving it open for the borrower as …

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