U.P. Consolidation of Holdings Act, 1953; Section 49 – Section 49 contemplates bar to the jurisdiction of the 5 Civil or Revenue Court for the grant of declaration or adjudication of rights of tenure holders in respect of land lying in an area for which consolidation proceedings have commenced. Section 49 of the 1953 Act …
Prashant Singh vs Meena 2024 INSC 380 – U.P. Consolidation of Holdings Act, 1953 Read More »
Judicial Service – Bihar Superior Judicial Service Rules, 1951 – Gujarat State Judicial Service Rules, 2005; Rule 8(3) – Rules stipulating minimum qualifying marks in the viva voce test as a part of the selection criteria for appointment to the District Judiciary – The Prescription of minimum qualifying marks for interview is permissible and this …
Constitution of India, 1950; Article 21 – The right to choose and reproductive freedom is a fundamental right under Article 21 of the Constitution. Therefore, where the opinion of a minor pregnant person differs from the guardian, the court must regard the view of the pregnant person as an important factor while deciding the termination …
Constitution of India, 1950; Article 226- Writ petition raising issues irregularity committed in the construction- The appropriate remedy is to approach the municipal authorities and if no proper response was forthcoming, then the civil Court was the appropriate forum for ventilating the grievances of the nature. (Para 9)
Summary: Illegal denial of appointment – Allowing appeal, SC observed:It is a glaring case wherein the adamant, arbitrary, mala fide and high-handed approach of the State Government and its officials has driven the appellant to a series of prolonged litigations which were evidently not out of her choice. The appellant deserves a direction for restitutive …
Smita Shrivastava vs State of Madhya Pradesh 2024 INSC 378 Read More »
Transfer of Property Act, 1882; Section 52- Doctrine of lis pendens- Object underlying the doctrine of lis pendens is for maintaining status quo that cannot be affected by an act of any party in a pending litigation. The objective is also to prevent multiple proceedings by parties in different forums. The principle is based on …
Chander Bhan (D) vs Mukhtiar Singh 2024 INSC 377 – Lis Pendens – TP Act Read More »
Code Of Criminal Procedure, 1973; Section 161,162– Any statement made by a person to a police officer in the course of investigation, which is reduced in writing, cannot be used for any purpose except as provided in Section 162. The first exception incorporated in sub-Section (2) is of the statements covered by clause (1) of …
Alauddin vs State Of Assam 2024 INSC 376 – Ss 161,162 CrPC – Ss 145,155 Evidence Act Read More »
Summary: Application filed by State seeking condonation of delay of 1,633 days in filing the present petition -SLP dismissed.
Summary: Suit for pre-emption – Plaintiff was required to deposit a sum of ₹ 9,214/- minus 1/5th of the pre-emption amount already deposited, on or before 10.10.1988, failing which the suit shall stand dismissed- Plaintiff deposited amount – Later defendant filed an application seeking dismissal of the suit on account of non-compliance of the direction …
Kanihya @ Kanhi(D) vs Sukhi Ram 2024 INSC 374 – Civil Suit For Pre-Emption Read More »
Summary: Trial Court convicted accused under Sections 120-B, read with Section 420 IPC and Section 420 IPC- HC upheld it – Dismissing SLP, SC observed:All the accused in connivance with each other have cheated the bank, by submitting cheques of the accounts in which there was no balance, or without any submission thereof and entries …
TR Vijayaraman vs State Of Tamil Nadu 2024 INSC 373 Read More »