Rehan Ahmed (D) vs Akhtar Un Nisa (D) 2024 INSC 329 – Civil Suit
Summary– The impugned judgement of the High Court is set aside, and the Executing Court’s order is restored and the objections of Respondent no.1 under Section 47 of the CPC rejected.
2024 INSC April
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 …
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 …
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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Jadunath Singh vs Arvind Kumar 2024 INSC 325 – Bail Cancellation
Bail – Allowing appeal, SC cancelled bail of two accused and held that despite their period of incarceration of more than 10 years would not be entitled to grant of bail for their subsequent conduct for which they are facing separate trial.
Parteek Bansal vs State Of Rajasthan 2024 INSC 324 – S 498A IPC – Misuse
Indian Penal Code, 1860; Section 498A –Practice of state machinery being misused for ulterior motives and for causing harassment to the other side deprecated- Quashed FIR U/S 498A IPC and imposed costs of 5 Lakhs.
Ramayan Singh vs State Of Uttar Pradesh 2024 INSC 323- Bail
Code Of Criminal Procedure, 1973; Section 439– Grant of bail involves the exercise of a discretionary power which ought not to be used arbitrarily, capriciously; and injudiciouslygrant of bail involves the exercise of a discretionary power which ought not to be used arbitrarily, capriciously; and injudiciously – Referred to Prasanta Kumar Sarkar v. Ashis Chatterjee, …
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Maneesha Yadav vs State Of Uttar Pradesh 2024 INSC 322 – S 482 CrPC – Filing of Chargesheet
Code Of Criminal Procedure, 1973; Section 482 -Merely because the charge-sheet is filed cannot be a ground for the High Court to not invoke its jurisdiction under Section 482 of the Cr.P.C.-The Court would not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in …
Deccan Value Investors LP vs Dinkar Venkatasubramanian 2024 INSC 321- IBC – Resolution Plans
Insolvency and Bankruptcy Code, 2016 – Resolution Plans – Resolution plans are not prepared and submitted by lay persons. They are submitted after the financial statements and data are examined by domain and financial experts, who scan, appraise evaluate the material as available for its usefulness, with caution and scepticism. Inadequacies and paltriness of data …
Babu Sahebagouda Rudragoudar vs State Of Karnataka 2024 INSC 320 – S 378 CrPC – S 27 Evidence Act
Code Of Criminal Procedure, 1973; Section 378,386– scope of interference by an appellate Court for reversing the judgment of acquittal recorded by the trial Court in favour of the accused has to be exercised within the four corners of the following principles:-(a) That the judgment of acquittal suffers from patent perversity; (b) That the same …