2024 INSC October

KC Kaushik vs State Of Haryana 2024 INSC 803 – Misleading Representation Before Court

October 21, 2024 / By

Practice and Procedure – Each party should present truthful and accurate information to the court to facilitate fair adjudication. Such information should be provided in the form of writing. Relying on the oral instructions may lead to factual errors, misunderstanding / misrepresentations, etc., ultimately compromising the integrity of the judicial process. Misleading representations not only …

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Lenin Kumar Ray vs Express Publications (Madurai) Ltd. 2024 INSC 802 – Industrial Disputes Act

October 21, 2024 / By

Industrial Disputes Act,1947 – Section 2(s) –The determinative factor for “workman” covered under section 2(s) of the I.D. Act, is the principal duties and functions performed by an employee in the establishment and not merely the designation of his post. Further, the onus of proving the nature of employment rests on the person claiming to …

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Ratilal Jhaverbhai Parmar vs State Of Gujarat 2024 INSC 801 – Judgment Pronouncment – Reasons To Follow Practice

October 21, 2024 / By

Code Of Civil Procedure 1908 – Order XX – Practice to pronounce the operative part with the outcome and to provide the reasons later in detailed final judgments- It would be prudent to leave it to the learned Judges to pick any one of the three options [(i) dictation of the judgment in open court, …

Ratilal Jhaverbhai Parmar vs State Of Gujarat 2024 INSC 801 – Judgment Pronouncment – Reasons To Follow Practice Read More »

Shyam Narayan Ram vs State Of UP 2024 INSC 800 – S 294 IPC – Formal Proof Of Documents

October 21, 2024 / By

Code Of Criminal Procedure 1973 – Section 294– Where the genuineness of any document is not disputed, such document may be read in evidence in any inquiry, trial or other proceeding under this Code without proof of the signature of the person to whom it purports to be signed. That is to say that if …

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Yashodeep Bisanrao Vadode vs State of Maharashtra 2024 INSC 798 – S 498A IPC – Tendency Of Over Implication

October 21, 2024 / By

Indian Penal Code 1860 – Section 498-A – Essential ingredients: (a) The victim was a married lady (may also be a widow); (b) That she has been subjected to cruelty by her husband or relative(s) of her husband; (c) That such cruelty consisted of either (i) harassment with a view to coerce meeting a demand …

Yashodeep Bisanrao Vadode vs State of Maharashtra 2024 INSC 798 – S 498A IPC – Tendency Of Over Implication Read More »

Union of India vs Ganpati Dealcom Pvt Ltd 2024 INSC 799 – Prohibition of Benami Property Transactions Act 1988 – Constitutional Validity

October 21, 2024 / By

Constitution of India – Article 32 – A challenge to the constitutional validity of a statutory provision cannot be adjudicated upon in the absence of a lis and contest between the parties. (Para  6) Summary:  SC recalled its decision in Union of India and Another v Ganpati Dealcom Private Ltd [2022] 12 S.C.R. 320:: 2022 …

Union of India vs Ganpati Dealcom Pvt Ltd 2024 INSC 799 – Prohibition of Benami Property Transactions Act 1988 – Constitutional Validity Read More »

Horrmal (D) vs State Of Haryana 2024 INSC 797 – Land Acquisition – Market Value – Sale Exemplars

October 21, 2024 / By

Land Acquisition Act of 1894 – Section 23(1) – In determining compensation for acquired land, the Court must consider the ‘market value’ of the land- smaller parcels of land conventionally command higher prices. Relying on sale exemplars also, especially when only single solitary such instances are presented, may thus not be appropriate. However, there is …

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Haryana Urban Development Authority vs Abhishek Gupta 2024 INSC 796 – Land Acquisition Act – Doctrine Of Merger – Article 14 Constitution

October 21, 2024 / By

Land Acquisition Act, 1894-Section 5A– It codifies the fundamental safeguard of audi altrem partem. Landowners have the opportunity to demonstrate that the 10 acquisition is against public purpose or marred by mala fides. In the event the landowner presents a cogent case, the appropriate government may exempt such land from acquisition. By enabling landowners to …

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Asim Akhtar vs State Of West Bengal 2024 INSC 794 – S 319 CrPC – Cross Examination

October 19, 2024 / By

Code Of Criminal Procedure 1973 – Section 319 –Is it mandatory to decide the application under section 319 CrPC before conducting cross-examination and only on the basis of examination-in-chief? The Constitution Bench judgment in Hardeep Singh vs. State of Punjab does not take away the discretion of the Trial Court to wait for the crossexamination …

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Airports Economic Regulatory Authority of India vs Delhi International Airport Ltd. 2024 INSC 791 – Adjudicatory Authorities

October 19, 2024 / By

Practice and Procedure -a. An authority (either a judicial or quasi-judicial authority) must not be impleaded in an appeal against its order if the order was issued solely in exercise of its “adjudicatory function”; b. An authority must be impleaded as a respondent in the appeal against its order if it was issued in exercise …

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