2024 INSC May

Mahendra Nath Soral vs Ravindra Nath Soral 2024 INSC 372- Alternative Dispute Redressal Process

May 4, 2024 / By

Alternative Dispute Redressal Process – The dispute relating to partition/division amongst family members/coparceners /co-owners should normally be settled through Alternative Disputes Redressal (ADR) Process -The Courts are required to explore these methods for amicable settlement of family disputes – Referred to Afcons Infrastructure Limited vs. Cherian Varkey Construction Company Private Limited (2010) 8 SCC 24: …

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Nirmala vs Kulwant Singh 2024 INSC 370 – Habeas Corpus – Child Custody Matters

May 4, 2024 / By

Constitution of India, 1950; Article 226- Maintainability of the Habeas Corpus petition with regard to custody of the minor child – Habeas corpus is a prerogative writ which is an extraordinary remedy. It has been held that recourse to such a remedy should not be permitted unless the ordinary remedy provided by the law is …

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Anees vs State Govt Of NCT 2024 INSC 368 – Public Prosecutor – Ss 106, 165,27 Evidence Act- Ss 162 CrPC

May 4, 2024 / By

Public Prosecutor – There should not be any element of political consideration in the matters like appointment to the post of public prosecutor, etc. The only consideration for the Government should be the merit of the person. The person should be not only competent, but he should also be a man of impeccable character and …

Anees vs State Govt Of NCT 2024 INSC 368 – Public Prosecutor – Ss 106, 165,27 Evidence Act- Ss 162 CrPC Read More »

Achin Gupta vs State Of Haryana 2024 INSC 369 – S 498A IPC – S 482 CrPC

June 10, 2024 / By

Indian Penal Code, 1860; Section 498A – Referred to Preeti Gupta v. State of Jharkhand 2010 Criminal Law Journal 4303 – We request the Legislature to look into the issue as highlighted above taking into consideration the pragmatic realities and consider making necessary changes in Sections 85 and 86 respectively of the Bharatiya Nyaya Sanhita, …

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Chaitra Nagammanavar vs State Of Karnataka 2024 INSC 367 – Service Law

June 10, 2024 / By

Summary: HC set aside the appellant’s selection and appointment on the ground that the university specifically declared in the advertisement that the ‘Mode of Selection’ shall be as per the Karnataka State Civil Services (Unfilled Vacancies Reserved For Persons Belonging to the SC’s and ST’s) (Special Recruitment) Rules, 2001 – Dismissing appeal, SC observed: The …

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Shankar vs State Of Uttar Pradesh 2024 INSC 366 – S 319 CrPC- Higher Degree Of Satisfaction

June 10, 2024 / By

Code Of Criminal Procedure, 1973; Section 319– The degree of satisfaction required to exercise power under Section 319 Cr.P.C. – The evidence before the trial court should be such that if it goes unrebutted, then it should result in the conviction of the person who is sought to be summoned- The degree of satisfaction that …

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RK Munshi vs Union Territory Of Jammu & Kashmir 2024 INSC 365 – House Rent Allowance

June 10, 2024 / By

Summary: Appellant received a communication from the Director Police, Telecom regarding recovery of the outstanding rentals on account of unauthorized drawals of House Rent Allowance. The said action was taken under Rule 6(h) of The Jammu and Kashmir Civil Services (House Rent Allowance and City Compensation Allowance) Rules, 1992- Writ petition challenging this was dismissed …

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Commissioner Of Trade & Taxes vs FEMC Pratibha Joint Venture 2024 INSC 364- Delhi Value Added Tax Act- Refund Timeline

June 10, 2024 / By

Delhi Value Added Tax Act, 2004; Section 38(3) -Whether the timeline for refund under Section 38(3) must be mandatorily followed while recovering dues under the Act by adjusting them against the refund amount?- The language of Section 38(3) is mandatory and the department must adhere to the timeline stipulated therein to fulfil the object of …

Commissioner Of Trade & Taxes vs FEMC Pratibha Joint Venture 2024 INSC 364- Delhi Value Added Tax Act- Refund Timeline Read More »

Deependra Yadav vs State of Madhya Pradesh 2024 INSC 362 – Public Service Exams- Reservation

June 10, 2024 / By

Public Service Examinations – Reservation – Candidates belonging to any of the vertical reservation categories would be entitled to be selected in the ‘open category’ and if such candidates belonging to reservation categories are entitled to be selected on the basis of their own merit, their selection cannot be counted against the quota reserved for …

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Sharif Ahmed vs State Of Uttar Pradesh 2024 INSC 363 – S 156(3), 173(2), 200-205 CrPC – Ss 406,420,506 IPC

June 10, 2024 / By

Code Of Criminal Procedure, 1973; Section 173(2)– It is the police report which would enable the Magistrate to decide a course of action from the options available to him. The details of the offence and investigation are not supposed to be a comprehensive thesis of the prosecution case, but at the same time, must reflect …

Sharif Ahmed vs State Of Uttar Pradesh 2024 INSC 363 – S 156(3), 173(2), 200-205 CrPC – Ss 406,420,506 IPC Read More »