2024 INSC January

Atul @ Ashutosh vs State Of Madhya Pradesh CrA 579 Of 2024 – Suspension Of Sentence

February 21, 2024 / By

Code Of Criminal Procedure, 1973; Section 389 – When there is a fixed term sentence and especially when the appeal is not likely to be heard before completing entire period of sentence, normally suspension of sentence and bail should be granted – in several deserving cases, bail is being denied. Such cases should never be …

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Rani Chander Kanta (D) vs Union Of India 2024 INSC 69 – Suit For Declaration

February 1, 2024 / By

Summary: Suit for declaration to the effect that the appellants/plaintiffs are in possession of the suit property as absolute owners – Decreed by Trial Court – Dismissed by First Appeallate Court and High Court- Dismissing Appeal, SC held: Merely with the identity of the property or its number, no title can be passed on any …

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Gulshan Bajwa vs Registrar, High Court of Delhi 2024 INSC 74 – Contempt – Apology

February 1, 2024 / By

Contempt of Courts Act, 1971 – An apology must evidence remorse with respect to the contemptuous acts and is not to be used as a weapon to purge the guilty of their offence4. Further, an apology lacking in sincerity and not evidencing contriteness, cannot be accepted. (Para 22) – M.Y. Shareef v. Hon’ble Judges of …

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Shatrughna Atmaram Patil vs Vinod Dodhu Chaudhary 2024 INSC 75 – Police Officers Fined

February 1, 2024 / By

Summary: Police Officers imposed costs for conspiring and in abetting the crime of the illegal detention of the tenants, coercing them to sign the document against their will, and getting the premises in question demolished without any order from a competent Court – Six police personnel will suffer a cost of Rs. 6.0 lacs for …

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Bharat Sher Singh Kalsia vs State of Bihar 2024 INSC 77 – S 482 CrPC – Contract

February 1, 2024 / By

Code of Criminal Procedure,1973; Section 482 – In the appropriate case, protection is to be accorded against unwanted criminal prosecution and from the prospect of unnecessary trial – Priyanka Mishra v State of Madhya Pradesh, 2023 SCC OnLine SC 978 and Vishnu Kumar Shukla v State of Uttar Pradesh, 2023 SCC OnLine SC 1582. (Para …

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In Re: TN Godavarman Thirumulpad vs UoI 2024 INSC 78 :: [2024] 1 S.C.R. 704 – Environment – Central Empowered Committee

February 16, 2024 / By

Central Empowered Committee -Conception, constitution, functions, and institutionalisation of the CEC- – Directions issued to the CEC to adopt the measures to promote institutional transparency, efficiency, and accountability in its functioning: i. The CEC shall formulate guidelines for the conduct of its functions and internal meetings. The CEC shall formulate the operating procedures delineating the …

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Baitulla Ismail Shaikh vs Khatija Ismail Panhalkar 2024 INSC 71 – Maharashtra Rent Control Act

February 1, 2024 / By

Maharashtra Rent Control Act, 1999; Section 16(1) – the Court trying an eviction proceeding under the aforesaid provision has very limited role in determining as to whether demolition is really necessary or not, but it does not automatically follow therefrom that the Court would mechanically adopt the view of municipal authority of there being urgent …

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Sheikh Arif vs State of Maharashtra 2024 INSC 70 – S 375 IPC – Rape By Giving Promise To Marry

February 1, 2024 / By

Indian Penal Code, 1860; Section 375 –If the victim of the alleged offence of rape is not under 18 years of age, maintaining a sexual relationship with her consent, is not an offence – If the consent of the victim is based on misconception, such consent is immaterial as it is not a voluntary consent. …

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