2024 INSC May

Varad Balwant Vasant vs Union of India 2024 INSC 459 – CA Exams

Summary: The Chartered Accountant Examination for the Intermediate and final course is due to commence on 2 May 2024 and end on 17 May 2024- Phase-wise polling during the General Elections is scheduled to take place on 7 May and 13 May 2024 – The petitioners allege that the convening of the examination on the …

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Balveer Batra vs New India Assurance Company 2024 INSC 361 – Motor Vehicles Act- Jurisdiction

Motor Vehicles Act, 1988 – Code Of Civil Procedure, 1908; Section 21- Objection of lack of territorial jurisdiction in an appeal against an award granting compensation could not be entertained in the absence of consequent failure of justice- Though taking of an objection as to the lack of territorial jurisdiction before the Court of first …

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Madhusudan vs State Of Madhya Pradesh – S 34 IPC – Common Intention

Indian Penal Code, 1860; Section 34 and 149 –A mere common intention per se may not attract Section 34 IPC without action in furtherance of such common intention- There is a significant distinction between Section 34 and Section 149 of IPC. Section 34 requires active participation and prior meeting of minds whereas Section 149 assigns …

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Alifiya Husenbhai Keshariya vs Siddiq Ismail Sindhi 2024 INSC 457 -CPC – Indigent Appeal

Code Of Civil Procedure, 1908; Order XXXIII –(i) It is an enabling provision for filing of a suit by an indigent person without paying the court fee at the initial stage. (ii) If the suit is decreed for the plaintiff, the court fee would be calculated as if the plaintiff had not originally filed the …

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Government Of NCT Of Delhi vs BSK Realtors LLP 2024 INSC 455 – Article 142 and Doctrine Of Merger – Res Judicata

Constitution of India, 1950; Article 142- Doctrine Of Merger- The doctrine of merger is not of universal or unlimited application and that the nature of jurisdiction exercised by the superior forum and the content or subject matter of challenge laid or which could have been laid shall have to be kept in view. The exception …

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Delhi Development Authority vs Tejpal 2024 INSC 456 – Condonation Of Delay – Limitation – Subsequent Change Of Law

Limitation Act, 1963; Section 5-If subsequent change of law is allowed as a valid ground for condonation of delay, it would open a Pandora’s Box where all the cases that were subsequently overruled, or the cases that had relied on the judgements that were subsequently overruled, would approach this Court and would seek a relief …

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Govt. Of NCT Of Delhi vs KL Rathi Steels Limited 2024 INSC 454 – Review Jurisdiction

Code of Civil Procedure, 1908; Section 114 & Order XLVII – No review is available upon a change or reversal of a proposition of law by a superior court or by a larger Bench of this Court overruling its earlier exposition of law whereon the judgment/order under review was based- The subsequent overruling of a …

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Ali Hossain Mandal vs West Bengal Board Of Primary Education 2024 INSC 453 – WB Primary School Teachers Recruitment Rules

West Bengal Primary School Teachers Recruitment Rules 2016- Allowing appeal against Calcutta HC judgment, SC observed: The manner of shortlisting candidates for appointment as suggested by the Division Bench in the impugned judgments is inconsistent with the procedure laid down under Rule 8 of the Recruitment Rules, 2016, and those, cannot be sustained – The …

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Union of India vs Barakatullah 2024 INSC 452 -S 18 UAPA – Bail – CrPC

Unlawful Activities (Prevention) Act, 1957; Section 18– For the purpose of considering the offence under Section 18, the commission of terrorist act as contemplated in Section 15 of UAPA is not required to be made out. What Section 18 contemplates is that whoever conspires or attempts to commit, or advocates, abets, advises or incites, directly …

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