2024 INSC February

Navin Kumar Rai vs Surendra Singh 2024 INSC 116 – S 482 CrPC – Registration Act

February 15, 2024 / By

Code of Criminal Procedure, 1973; Section 482 – While exercising such inherent powers what is required to be examined is only the prima facie existence of the offence sought to be quashed -t the Court was required to consider was whether any of the well-established grounds that are enumerated in judgments in State of Haryana …

Navin Kumar Rai vs Surendra Singh 2024 INSC 116 – S 482 CrPC – Registration Act Read More »

Chatrapal vs State Of Uttar Pradesh 2024 INSC 115 :: [2024] 2 S.C.R. 348- Disciplinary Proceedings

March 2, 2024 / By

Disciplinary Proceedings – ordinarily the findings recorded by the Inquiry Officer should not be interfered by the appellate authority or by the writ court. However, when the finding of guilt recorded by the Inquiry Officer is based on perverse finding the same can always be interfered – Referred to Union of India vs. P. Gunasekaran …

Chatrapal vs State Of Uttar Pradesh 2024 INSC 115 :: [2024] 2 S.C.R. 348- Disciplinary Proceedings Read More »

Association For Democratic Reforms vs Union Of India 2024 INSC 113 :: [2024] 2 S.C.R. 420 – Electoral Bonds Unconstitutional

April 11, 2024 / By

Electoral Bond Scheme – The Electoral Bond Scheme, the proviso to Section 29C(1) of the Representation of the People Act 1951 (as amended by Section 137 of Finance Act 2017), Section 182(3) of the Companies Act (as amended by Section 154 of the Finance Act 2017), and Section 13A(b) (as amended by Section 11 of …

Association For Democratic Reforms vs Union Of India 2024 INSC 113 :: [2024] 2 S.C.R. 420 – Electoral Bonds Unconstitutional Read More »

Palani vs Tamil Nadu State 2024 INSC 110 – Drugs and Cosmetics Act

February 14, 2024 / By

Drugs and Cosmetics Act, 1940; Section 18A ,28 – Both these provisions concern the disclosure or non-disclosure respectively of the name of the manufacturer – In this case, the quantities of the 29 kinds of medicines recovered from the clinic run by the Appellant, were of small quantity. In such a situation, non-disclosure of the …

Palani vs Tamil Nadu State 2024 INSC 110 – Drugs and Cosmetics Act Read More »

Rajesh Viren Shah vs Redington (India) Limited 2024 INSC 111 – Ss 138,141 NI Act – Resignation Of Directors

February 14, 2024 / By

Negotiable Instruments Act, 1881; Section 138, 141 – Whether a Director who has resigned from such position and which fact stands recorded in the books as per the relevant rules and statutory provisions, can be held liable for certain negotiable instruments, failing realization ? In this case, resignations have taken place on 9 th December …

Rajesh Viren Shah vs Redington (India) Limited 2024 INSC 111 – Ss 138,141 NI Act – Resignation Of Directors Read More »

Axis Bank Limited vs Naren Sheth 2024 INSC 105

February 13, 2024 / By

Clarification – The word “unsecured creditor” referred to in paragraph 20 of the judgment (Axis Bank Limited vs Naren Sheth 2023 INSC 820) be now read as “secured creditor”.

Priyanka Prakash Kulkarni vs Maharashtra Public Service Commission 2024 INSC 98 – Public Employment

February 13, 2024 / By

Summary – the Appellant is a meritorious candidate who has cleared the main examination under the ‘Open General Category’ despite being deserving of the benefit of female reservation – Respondent directed to forthwith treat the Appellant as a candidate under the ‘Reserved Female Category’ – Appellant cannot be unfairly deprived of the benefit of female …

Priyanka Prakash Kulkarni vs Maharashtra Public Service Commission 2024 INSC 98 – Public Employment Read More »

Vasantha (D) vs Rajalakshmi @ Rajam (D) 2024 INSC 109 :: [2024] 2 S.C.R. 326 – Adverse Possession – Limitation Act- S 34 Specific Relief Act – Amendment Of Plaint

March 2, 2024 / By

Adverse possession – the physical fact of exclusive possession and the animus possidendi to hold as owner in exclusion to the actual owner are the most important factors that are to be accounted in cases related to adverse possession. Plea of adverse possession is not a pure question of law but a blend of fact …

Vasantha (D) vs Rajalakshmi @ Rajam (D) 2024 INSC 109 :: [2024] 2 S.C.R. 326 – Adverse Possession – Limitation Act- S 34 Specific Relief Act – Amendment Of Plaint Read More »

Directorate of Enforcement vs Bablu Sonkar 2024 INSC 107 – Practice & Procedure – Roster

February 13, 2024 / By

Practice and Procedure – Roster notified by the Chief Justice is not an empty formality. All Judges are bound by the same – No Bench can hear a case, unless as per the prevailing roster, the particular case is assigned to the Bench or that the case is specially assigned to the Bench by the …

Directorate of Enforcement vs Bablu Sonkar 2024 INSC 107 – Practice & Procedure – Roster Read More »

Tejashwi Prasad Yadav vs Hareshbhai Pranshankar Mehta 2024 INSC 108 – Defamation –

February 13, 2024 / By

Indian Penal Code, 1860; Section 499, 500 – Code of Criminal Procedure, 1973; Section 482- Prosecution for defamation for the offence under Section 499, which is punishable under Section 500 of the IPC, cannot be quashed on the ground that the offending allegations have been withdrawn. Summary: Defamation case against accused- for allegedly making Defamatory …

Tejashwi Prasad Yadav vs Hareshbhai Pranshankar Mehta 2024 INSC 108 – Defamation – Read More »