2024 INSC July

Mohd. Abdul Samad vs State Of Telangana 2024 INSC 506 – S 125 CrPC – Muslim Women

Code Of Criminal Procedure, 1973; Section 125 [Section 144 BNSS]- Muslim Women (Protection of Rights on Divorce) Act, 1986 – Section 125 of the CrPC applies to all married women including Muslim married women – Section 125 of the CrPC applies to all non-Muslim divorced women- If Muslim women are married and divorced under Muslim …

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State Of West Bengal vs Dr. Sanat Kumar Ghosh 2024 INSC 469 – Search Cum Selection Committees – West Bengal Universitites

Summary: Constitution of Search­ cum­Selection Committee for Universities in West Bengal – Justice Uday Umesh Lalit, Former Chief Justice of India appointed as Chairperson of the Search ­cum Selection Committees for all the Universities- Eminent educationists, scientists, jurists, subject experts and administrators etc. short­listed for the purpose of empanelment on Search­cum­ Selection Committee(s) .

Suresh Dattu Bhojane vs State Of Maharashtra 2024 INSC 468

Indian Penal Code, 1860; Section 149 [Section 190 BNS] -When the charge is under Section 149, the presence of the accused as part of the unlawful assembly itself is sufficient for conviction- Their presence with the other co-accused amounted to an unlawful assembly which is sufficient for conviction, even if they may have not actively …

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Har Narayan Tewari (D) vs Cantonment Board 2024 INSC 467 – S 11 CPC – Res Judicata – Co-Defendants

Code Of Civil Procedure, 1908; Section 11- Res Judicata-The principle of res judicata is applicable not only between the plaintiff and the defendants but also between the co-defendants. In applying the principle of res judicata between the co-defendants, primarily three conditions are necessary to be fulfilled, namely, (i) there must be a conflict of interest …

Har Narayan Tewari (D) vs Cantonment Board 2024 INSC 467 – S 11 CPC – Res Judicata – Co-Defendants Read More »

Mahesh Chand Bareth vs State Of Rajasthan 2024 INSC 466 – Rajasthan Panchayati Raj Prabodhak Service Rules

Rajasthan Panchayati Raj Prabodhak Service Rules, 2008 – Is Rule 13(v) of the Rules, insofar as it provides age relaxation to the persons serving under educational projects discriminatory and contrary to Article 14 of the Constitution of India? The provisions generally including sub clause (v) are not arbitrary or discriminatory. Insofar as the clause (v) …

Mahesh Chand Bareth vs State Of Rajasthan 2024 INSC 466 – Rajasthan Panchayati Raj Prabodhak Service Rules Read More »

Nipun Malhotra vs Sony Pictures Films India Private Limited 2024 INSC 465 – Art. 19(1)(a) Constitution – Representation Of Persons With Disabilities In Movies Etc. – Guidelines

Constitution of India, 1950; Article 19(1)(a)- The freedom under Article 19(1)(a), that is the creative freedom of the filmmaker cannot include the freedom to lampoon, stereotype, misrepresent or disparage those already marginalised – if the overall message of the work infringes the rights of persons with disabilities, it is not protected speech, obviating the need …

Nipun Malhotra vs Sony Pictures Films India Private Limited 2024 INSC 465 – Art. 19(1)(a) Constitution – Representation Of Persons With Disabilities In Movies Etc. – Guidelines Read More »

Naresh Kumar vs State Of Delhi 2024 INSC 464 – S 313 CrPC

Code of Criminal Procedure, 1973; Section 313 [ Section 351 BNSS] – Though questioning under clause (a) of sub-Section (1) of Section 313, Cr.PC, is discretionary, the questioning under clause (b) thereof is mandatory. Needless to say, a fatal non-compliance in the matter of questioning under Clause (b) of sub-section (1) thereof, in case resulted …

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R Radhakrishna Prasad vs Swaminathan 2024 INSC 463 – Specific Performance Suit

Summary – Appeal Against High Court of Kerala judgment that allowed the appeal preferred by the defendant modified the decree passed by the Trial Court whereby, in a suit for specific performance, the Trial Court had directed the defendant no. 1 to refund a sum of Rs. 18,00,000/- (Rs. Eighteen Lakhs only) to the plaintiff- …

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