2024 INSC

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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Sachin Garg vs State Of UP 2024 INSC 72 – Ss 204, 482 CrPC – Commercial Dispute Turned Into Criminal Case

February 1, 2024 / By

Code of Criminal Procedure, 1973; Section 204 – While it is true that at the stage of issuing summons a magistrate only needs to be satisfied with a prima facie case for taking cognizance, the duty of the magistrate is also to be satisfied whether there is sufficient ground for proceeding- At the stage of …

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D Ganesan vs Union Of India 2024 INSC 61 – Disciplinary Proceedings

February 1, 2024 / By

Disciplinary Proceedings – In the facts of the given case, the disciplinary proceeding could continue simultaneously with the criminal inquiry. There is no legal bar on running such parallel proceedings though in certain situations, this Court has not permitted continuance of dual proceedings. Summary: High Court assumed the role of a disciplinary authority and imposed …

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PC Jain vs Dr. RP Singh 2024 INSC 67 – Consumer Complaint – Medical Negligence

February 1, 2024 / By

Medical Negligence – NCDRC upheld the compensation awarded by the DCDRC to the complainant (Rupees Two Lakhs) – However, the interest @ 12% was held to be excessive and accordingly, the same was reduced to 6% – Allowing appeal, SC directed that the appellant P.C. Jain shall be entitled to receive compensation of Rs. 2 …

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Sanjay Upadhya vs Anand Dubey 2024 INSC 66 – Defamation Complaint Quashed

February 1, 2024 / By

Summary : Defamation Case filed by Advocate Against newspaper owner for report titled: “Advocate ne pan masala vyavasayi par karaya jhuta mamla darj” – Supreme Court upheld Magistrate’s order rejecting the complaint observing that the news article was published in good faith and in exercise of the Fundamental Right of Freedom of Speech and Expression …

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