2024 INSC

Manisha Mahendra Gala vs Shalini Bhagwan Avatramani 2024 INSC 293 – Easements – Power Of Attorney- S 107 CPC

Power Of Attorney – Power of Attorney holder can only depose about the facts within his personal knowledge and not about those facts which are not within his knowledge or are within the personal knowledge of the person who he represents or about the facts that may have transpired much before he entered the scene …

Manisha Mahendra Gala vs Shalini Bhagwan Avatramani 2024 INSC 293 – Easements – Power Of Attorney- S 107 CPC Read More »

Mahakali Sujatha vs Branch Manager, Future Generali India Life Insurance Company Limited 2024 INSC 296 – Insurance Law- Burden Of Proof

Insurance Law -In the context of insurance contracts, the burden is on the insurer to prove the allegation of non-disclosure of a material fact and that the non-disclosure was fraudulent. Thus, the burden of proving the fact, which excludes the liability of the insurer to pay compensation, lies on the insurer alone and no one …

Mahakali Sujatha vs Branch Manager, Future Generali India Life Insurance Company Limited 2024 INSC 296 – Insurance Law- Burden Of Proof Read More »

Sanjay Chaudhary vs Pioneer Urban Land & Infrastructure Ltd 2024 INSC 300 – Consumer

Summary: Disposing appeal against NCDRC order allowing Consumer Complaint, SC observed- Developer failed to handover the possession of the flat to the appellants-homebuyers by the scheduled date i.e. 16th March, 2014 upon which the consumer dispute came to be registered- Commission erred in directing that the opposite party i.e. respondent-developer shall be entitled to charge …

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Ravishankar Tandon vs State Of Chhattisgarh 2024 INSC 299 – S 27 Evidence Act- Circumstantial Evidence

Indian Evidence Act, 1872; Section 27 – For bringing the case under Section 27 of the Evidence Act, it will be necessary for the prosecution to establish that, based on the information given by the accused while in police custody, it had led to the discovery of the fact, which was distinctly within the knowledge …

Ravishankar Tandon vs State Of Chhattisgarh 2024 INSC 299 – S 27 Evidence Act- Circumstantial Evidence Read More »

Arun Shankar vs State Of Madhya Pradesh 2024 INSC 298 – Murder Accused Acquitted

Appellant concurrently convicted for murder – Allowing appeal, SC observed: The circumstance of last seen together is a very weak circumstance in the facts of the case. The circumstances brought on record are not conclusive in nature. The circumstances are not consistent only with the hypothesis of the guilt of the appellant- Appellant acquitted.

VVF Ltd.Employees Union vs VVF India Limited 2024 INSC 293 – Article 226 – Writ – Labour Law

Constitution of India, 1950; Article 226 -Labour Law -Wage Structure Fixing -Though the High Court ought not to reappreciate evidence and substitute its own finding for that of the Tribunal, it would not be beyond the jurisdiction of the High Court in its power of judicial review to altogether eschew such a process- The financial …

VVF Ltd.Employees Union vs VVF India Limited 2024 INSC 293 – Article 226 – Writ – Labour Law Read More »

PHR Invent Educational Society vs UCO Bank 2024 INSC 297 – Article 226 Constitution-Writ Petition- Alternative Remedy

Constitution of India, 1950 ; Article 226 – A writ petition under Article 226 of the Constitution be entertained in spite of availability of an alternative remedy (i) where the statutory authority has not acted in accordance with the provisions of the enactment in question; (ii) it has acted in defiance of the fundamental principles …

PHR Invent Educational Society vs UCO Bank 2024 INSC 297 – Article 226 Constitution-Writ Petition- Alternative Remedy Read More »

Bhupatbhai Bachubhai Chavda vs State of Gujarat 2024 INSC 295 – Criminal Trial – Burden Of Proof – Appeal Against Acquittal –

Criminal Trial – Burden of Proof – Unless, under the relevant penal statute, there is a negative burden put on the accused or there is a reverse onus clause, the accused is not required to discharge any burden. In a case where there is a statutory presumption, after the prosecution discharges initial burden, the burden …

Bhupatbhai Bachubhai Chavda vs State of Gujarat 2024 INSC 295 – Criminal Trial – Burden Of Proof – Appeal Against Acquittal – Read More »

Delhi Metro Rail Corporation Ltd. vs Delhi Airport Metro Express Pvt. Ltd. 2024 INSC 292 – Curative Petition – Ss 34,37 Arbitration Act – Article 136 Constitution

Curative Petition – Curative Jurisdiction may be invoked if there is a miscarriage of justice- Jurisdiction of this Court, while deciding a curative petition, extends to cases where the Court acts beyond its jurisdiction, resulting in a grave miscarriage of justice. (Para 35) – the exercise of the curative jurisdiction of this Court should not …

Delhi Metro Rail Corporation Ltd. vs Delhi Airport Metro Express Pvt. Ltd. 2024 INSC 292 – Curative Petition – Ss 34,37 Arbitration Act – Article 136 Constitution Read More »