2024 INSC July

Bihar Staff Selection Commission vs Himal Kumari 2024 INSC 531 – Service Law

July 16, 2024 / By

Bihar City Manager Cadre (Appointment and Service Conditions) Rules, 2014 -A conjoint reading of the Rules, 2014 in particular rules 5 and 11, with the advertisement and giving it a pragmatic and harmonious construction, what emerges is that 32% in the written examination would make a candidate eligible and qualified to be placed in the …

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Kiran Jyot Maini vs Anish Pramod Patel 2024 INSC 530 – Permanent Alimony

July 16, 2024 / By

Permanent Alimony– the award of maintenance or permanent alimony should not be penal but should be for the purposes of ensuring a decent living standard for the wife. (Para 32) Summary: Supreme Court dissolves a marriage and directs: Keeping in view the totality of the circumstances, the social and financial status of the parties, their …

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Shailendra Kumar Srivastava vs State Of Uttar Pradesh 2024 INSC 529 – S 321 CrPC -Withdrawal Of Prosecution

July 16, 2024 / By

Code of Criminal Procedure, 1973; Section 321 [ Section 360 BNSS]– Merely because an accused person is elected to the Legislative Assembly cannot be a testament to their image among the general public. Matters of a gruesome crime akin to the double murder in the present case do not warrant withdrawal of prosecution merely on …

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Dr. Bhimrao Ambedkar Vichar Manch vs State Of Bihar 2024 INSC 528 – Article 341 Constitution

August 2, 2024 / By

Constitution of India, 1950; Article 341- The list specified under the Notification under Clause-1 can be amended, altered only by law made by Parliament and, second, it prohibits that but for a law made by Parliament a notification issued under sub-Clause-1 cannot be varied by any subsequent notification. That is to say that neither the …

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Amro Devi vs Julfi Ram (D) 2024 INSC 527 – Order XXIII Rule 3 CPC – Lis Pendens

July 16, 2024 / By

Code Of Civil Procedure, 1908; Order XXIII Rule 3- For a valid compromise in a suit there has to be a lawful agreement or compromise in writing and signed by the parties which would then require it to be proved to the satisfaction of the Court. In the absence of any document in writing, the …

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State Of Punjab vs Punjab Spintex Ltd. 2024 INSC 526 – Industrial Policy, 2003

July 16, 2024 / By

Industrial Policy, 2003- The Market fees and Rural Development fees are distinct and, there being no exemption from Rural Development fees mentioned in the 2003 Policy, it only encompasses exemption from Market fees in its ambit. The two fees under the two different statutory frameworks cannot be equated as one by the Respondent and they …

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State Of Uttar Pradesh vs Virendra Bahadur Katheria 2024 INSC 524 – Doctrine Of Merger – Service Law

July 16, 2024 / By

Doctrine of Merger – if Special Leave was not granted and the petition was dismissed by a reasoned or unreasoned order, the order against which such Special Leave Petition is filed would not merge with the order of dismissal. However, once leave has been granted in a Special Leave Petition, regardless of whether such appeal …

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Baba Natarajan Prasad vs M. Revathi 2024 INSC 523 – S 494 IPC – Bigamy – Sentencing

July 16, 2024 / By

Indian Penal Code, 1860; Section 494 [Section 82(1) BNS]- High Court after restoring conviction for the offence under Section 494 I.P.C., sentenced accused to undergo imprisonment till the rising of the court and to pay a fine of Rs.20,000/- each with default sentence to undergo simple imprisonment for a period of three months- Allowing appeal, …

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Md. Rahim Ali @ Abdur Rahim vs State Of Assam 2024 INSC 511 – Foreigners Act

August 19, 2024 / By

Summary: Supreme court declares a person as an Indian citizen and not a foreigner. It sets aside Foreigner’s Tribunal order that rejected his citizenship claim. Foreigners Act, 1946; Section 9 – Does Section 9 of the Act empower the Executive to pick a person at random, knock at his/her/their door, tell him/her/they/them ‘We suspect you …

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