2024 INSC February

Manoj Kumar vs Union Of India 2024 INSC 126 :: [2024] 2 S.C.R. 409 – Article 226 Constitution – Writ Jurisdiction – Arbitrariness In Executive Action

March 2, 2024 / By

Constitution of India, 1950; Article 14,226– When a citizen alleges arbitrariness in executive action, the High Court must examine the issue, of course, within the context of judicial restraint in academic matters. While respecting flexibility in executive functioning, courts must not let arbitrary action pass through – while the primary duty of constitutional courts remains …

Manoj Kumar vs Union Of India 2024 INSC 126 :: [2024] 2 S.C.R. 409 – Article 226 Constitution – Writ Jurisdiction – Arbitrariness In Executive Action Read More »

Mohd Abaad Ali vs Directorate Of Revenue Prosecution Intelligence 2024 INSC 125 :: [2024] 2 S.C.R. 638 – S 5 Limitation Act- Applicability In Criminal Appeal Against Acquittal

March 18, 2024 / By

Code of Criminal Procedure, 1973; Section 378 – Limitation Act, 1963; Sections 2,3,5 ,29– The benefit of Section 5 read with Sections 2 and 3 of the Limitation Act, 1963 can be availed in an appeal against acquittal – Under Section 378 of the new CrPC read with Section 29(2) of the Limitation Act, 1963 …

Mohd Abaad Ali vs Directorate Of Revenue Prosecution Intelligence 2024 INSC 125 :: [2024] 2 S.C.R. 638 – S 5 Limitation Act- Applicability In Criminal Appeal Against Acquittal Read More »

Kalinga @ Kushal vs State Of Karnataka 2024 INSC 124 :: [2024] 2 S.C.R. 391 – Extra Judicial Confession – Appeal Against Acquittal- Circumstantial Evidence

March 2, 2024 / By

Criminal Trial – Extra Judicial Confession – A weak type of evidence and is generally used as a corroborative link to lend credibility to the other evidence on record – Extra judicial confession must be accepted with great care and caution. If it is not supported by other evidence on record, it fails to inspire …

Kalinga @ Kushal vs State Of Karnataka 2024 INSC 124 :: [2024] 2 S.C.R. 391 – Extra Judicial Confession – Appeal Against Acquittal- Circumstantial Evidence Read More »

Babasaheb Dhondiba Kute vs Radhu Vithoba Barde 2024 INSC 122 – Specific Performance Suit – Maharashtra Land Revenue Code

February 20, 2024 / By

Specific Relief Act, 1961 – When an agreement to sale is executed but it cannot be specifically performed without permission or sanction of any authority, the suit can be decreed and decree for specific performance can be granted subject to obtaining such permission/sanction from the competent authority – Referred to Nathulal v. Fulchand 1969(3) SCC …

Babasaheb Dhondiba Kute vs Radhu Vithoba Barde 2024 INSC 122 – Specific Performance Suit – Maharashtra Land Revenue Code Read More »

Chandigarh Housing Board vs Tarsem Lal 2024 IINSC 119 :: [2024] 2 S.C.R. 371 -Article 342 Constitution – Schedule Tribe – Presidential Notification

March 2, 2024 / By

Constitution Of India, 1950; Article 342 – The Presidential notification of a tribe or tribal community as a Scheduled Tribe by the President of India under Article 342 is a sine qua non for extending any benefits to the said community in any State or U.T. – This implies that a person belonging to a …

Chandigarh Housing Board vs Tarsem Lal 2024 IINSC 119 :: [2024] 2 S.C.R. 371 -Article 342 Constitution – Schedule Tribe – Presidential Notification Read More »

State vs Naresh Prasad Agarwal 2024 INSC 120 – Judge Retaining Case File After Demitting Office – Impropriety

February 19, 2024 / By

Practice and Procedure – On 17th April, 2017, the Single Judge Of High Court pronounced only one line order declaring the operative part. The Judge demitted office on 26th May, 2017 and a detailed judgment was made available only on 23rd October, 2017, nearly 5 months after the Judge demitted the office- SC observed: even …

State vs Naresh Prasad Agarwal 2024 INSC 120 – Judge Retaining Case File After Demitting Office – Impropriety Read More »

Farhana vs State Of Uttar Pradesh 2024 INSC 118 – UP Gangsters and Anti-Social Activities(Prevention) Act

March 2, 2024 / By

Uttar Pradesh Gangsters and Anti-Social Activities(Prevention) Act, 1986 ; Section 2(b)(i) – The person alleged to be the member of the gang should be found indulging in anti-social activities which would be covered under the offences punishable under Chapters XVI, or XVII or XXII IPC -For framing a charge for the offence under the Gangsters …

Farhana vs State Of Uttar Pradesh 2024 INSC 118 – UP Gangsters and Anti-Social Activities(Prevention) Act Read More »

Deepak Kumar Shrivas vs State Of Chhattisgarh 2024 INSC 117 :: [2024] 2 S.C.R. 364- S 482 CrPC – Criminal Case – Civil Dispute – Police

March 2, 2024 / By

Code Of Criminal Procedure, 1973; Section 482 – Appeal against HC judgment that refused to quash FIR allowed – Criminal prosecution should not be allowed to continue where the object to lodge the FIR is not for criminal prosecution and for punishing the offender for the offence committed but for recovery of money under coercion …

Deepak Kumar Shrivas vs State Of Chhattisgarh 2024 INSC 117 :: [2024] 2 S.C.R. 364- S 482 CrPC – Criminal Case – Civil Dispute – Police Read More »

State vs B Ramu 2024 INSC 114 :: [2024] 2 S.C.R. 357 – S 37 NDPS – Bail

March 2, 2024 / By

Narcotic Drugs and Psychotropic Substances Act, 1985 ; Section 37 – For entertaining a prayer for bail in a case involving recovery of commercial quantity of narcotic drug or psychotropic substance, the Court would have to mandatorily record the satisfaction in terms of the rider contained in Section 37 of the NDPS Act. – In …

State vs B Ramu 2024 INSC 114 :: [2024] 2 S.C.R. 357 – S 37 NDPS – Bail Read More »

Haryana Staff Selection Commission vs Subhash Chand 2024 INSC 112

February 15, 2024 / By

Summary : A direction was issued by the High Court to grant appointment to the first respondent in General Caste (EBPGC) category – Appeal filed against this by t to Haryana Staff Selection Commission dismissed -Directed that the appointment order be issued to the first respondent in terms of the impugned judgment dated 10th December, …

Haryana Staff Selection Commission vs Subhash Chand 2024 INSC 112 Read More »