2024 INSC April

Sanjay Chaudhary vs Pioneer Urban Land & Infrastructure Ltd 2024 INSC 300 – Consumer

April 11, 2024 / By

Summary: Disposing appeal against NCDRC order allowing Consumer Complaint, SC observed- Developer failed to handover the possession of the flat to the appellants-homebuyers by the scheduled date i.e. 16th March, 2014 upon which the consumer dispute came to be registered- Commission erred in directing that the opposite party i.e. respondent-developer shall be entitled to charge …

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Ravishankar Tandon vs State Of Chhattisgarh 2024 INSC 299 – S 27 Evidence Act- Circumstantial Evidence

April 11, 2024 / By

Indian Evidence Act, 1872; Section 27 – For bringing the case under Section 27 of the Evidence Act, it will be necessary for the prosecution to establish that, based on the information given by the accused while in police custody, it had led to the discovery of the fact, which was distinctly within the knowledge …

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Arun Shankar vs State Of Madhya Pradesh 2024 INSC 298 – Murder Accused Acquitted

April 11, 2024 / By

Appellant concurrently convicted for murder – Allowing appeal, SC observed: The circumstance of last seen together is a very weak circumstance in the facts of the case. The circumstances brought on record are not conclusive in nature. The circumstances are not consistent only with the hypothesis of the guilt of the appellant- Appellant acquitted.

VVF Ltd.Employees Union vs VVF India Limited 2024 INSC 302 – Article 226 – Writ – Labour Law

April 15, 2024 / By

Constitution of India, 1950; Article 226 -Labour Law -Wage Structure Fixing -Though the High Court ought not to reappreciate evidence and substitute its own finding for that of the Tribunal, it would not be beyond the jurisdiction of the High Court in its power of judicial review to altogether eschew such a process- The financial …

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PHR Invent Educational Society vs UCO Bank 2024 INSC 297 – Article 226 Constitution-Writ Petition- Alternative Remedy

April 10, 2024 / By

Constitution of India, 1950 ; Article 226 – A writ petition under Article 226 of the Constitution be entertained in spite of availability of an alternative remedy (i) where the statutory authority has not acted in accordance with the provisions of the enactment in question; (ii) it has acted in defiance of the fundamental principles …

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Bhupatbhai Bachubhai Chavda vs State of Gujarat 2024 INSC 295 :: [2024] 4 S.C.R. 322- Criminal Trial – Burden Of Proof – Appeal Against Acquittal –

May 13, 2024 / By

Criminal Trial – Burden of Proof – Unless, under the relevant penal statute, there is a negative burden put on the accused or there is a reverse onus clause, the accused is not required to discharge any burden. In a case where there is a statutory presumption, after the prosecution discharges initial burden, the burden …

Bhupatbhai Bachubhai Chavda vs State of Gujarat 2024 INSC 295 :: [2024] 4 S.C.R. 322- Criminal Trial – Burden Of Proof – Appeal Against Acquittal – Read More »

Delhi Metro Rail Corporation Ltd. vs Delhi Airport Metro Express Pvt. Ltd. 2024 INSC 292 :: [2024] 4 S.C.R. 473 – Curative Petition – Ss 34,37 Arbitration Act – Article 136 Constitution

May 13, 2024 / By

Curative Petition – Curative Jurisdiction may be invoked if there is a miscarriage of justice- Jurisdiction of this Court, while deciding a curative petition, extends to cases where the Court acts beyond its jurisdiction, resulting in a grave miscarriage of justice. (Para 35) – the exercise of the curative jurisdiction of this Court should not …

Delhi Metro Rail Corporation Ltd. vs Delhi Airport Metro Express Pvt. Ltd. 2024 INSC 292 :: [2024] 4 S.C.R. 473 – Curative Petition – Ss 34,37 Arbitration Act – Article 136 Constitution Read More »

Aabid Khan vs Dinesh 2024 INSC 291 :: [2024] 4 S.C.R. 264 – Motor Accident Compensation

May 13, 2024 / By

Motor Accident Compensation – The tribunal computed the compensation towards loss of future income by considering the whole body disability at 10%. On surmises and conjectures the percentage of disability has been reduced. No reason whatsoever has been assigned by the tribunal for substituting its opinion to that of the expert opinion namely, the doctor …

Aabid Khan vs Dinesh 2024 INSC 291 :: [2024] 4 S.C.R. 264 – Motor Accident Compensation Read More »