2024 SC Orders

National Highway And Infrastructure Development Corporation Limited vs Chabou And Co – Article 226 Constitution – Judicial Review

April 19, 2024 / By

Constitution of India, 1950; Article 226 – Judicial Review- Courts lack the expertise to correct administrative decisions and the intervention of the Courts should be limited to ensuring that the decision-making process is free from arbitrariness, bias, or mala fides. However, the Court cannot scrutinize whether the decision itself is sound or the most appropriate-The …

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SV Cheriyakoya Thangal vs SVP Pookoya – Waqf Act, 1995; Section 3,32, 83 – Mutawalliship

April 17, 2024 / By

Waqf Act, 1995; Section 3,32, 83 – Whether Waqf Board has got the original jurisdiction to decide the issue pertaining to Mutawalliship ? HC held that the Waqf Board did not have the jurisdiction – Allowing appeal, SC observed: It is the Waqf Board which has got the jurisdiction and not the Waqf Tribunal – …

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A Duraimurugan Pandiyan Sattai @ Duraimurugan vs State – Cancellation Of Bail

April 11, 2024 / By

Code Of Criminal Procedure, 1973; Section 439 – Appeal against cancellation of Bail – Strong criticism of the Hon’ble Chief Minister is not a violation of bail order- only by expressing his strong views about the demolition of the masjid and by demanding release of prisoners, it can be said that the appellant has misused …

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Neelima Suri vs State Of Madhya Pradesh – S 406 CrPC – Transfer Investigation Of FIR

April 11, 2024 / By

Code Of Criminal Procedure, 1973; Section 406 -In exercise of power conferred under Section 406 of Cr.P.C., this Court would not transfer the investigation of an FIR- It is only when after investigation there is likelihood of causing some prejudice to an accused in the course of trial, that the power under Section 406 of …

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Dargah Hazrat Mulla Syed vs Union of India – Sufi Saint – Mortal Remains Transportation

April 9, 2024 / By

Summary: Writ petition seeking a direction to permit transportation of the mortal remains of Hazrat Shah Muhammad Abdul Muqtadir Shah Masood Ahmad (Sufi-Saint) from Dhaka, Bangladesh to Prayagraj, India in accordance with his last and final will- Dismissing the WP, SC observed: It would not be either appropriate or lawful for this Court to direct …

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Anjum Kadri vs Union Of India -Uttar Pradesh Board of Madarsa Education Act 2004

April 9, 2024 / By

Uttar Pradesh Board of Madarsa Education Act 2004 – Appeal against Allahabad HC judgment which had struck down Madrasa Act – Staying the HC judgment, SC observed: In striking down the provisions of the Madarsa Act, the High Court, prima facie, has misconstrued the provisions of the Madarsa Act. The Madarsa Act, per se, does …

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State Of Karnataka vs MN Basavaraja CrA 503 Of 2013- S 304B IPC – Dowry Death

April 9, 2024 / By

Criminal Trial – A lady facing harassment and cruelty owing to her or her family’s failure to meet dowry demands would more often than not confide in her immediate family members. If the evidence of the family members in a case of dowry death is to be discarded on the ground that they are interested …

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Utpal Mandal @ Utpal Mondal vs State Of West Bengal SLP(Crl) Diary 8058 Of 2024 – POCSO – Victim Name Not Masked

April 6, 2024 / By

POCSO Act ; Section 33(7) – Indian Penal Code, 1860; Section 228A – Mandatory requirements of Section 33(7) of the POCSO Act and Section 228A of the I.P.C. have not been followed in this case inasmuch as while recording statements of the victim under Sections 164 and 161 of the Cr.P.C., her name is mentioned, …

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Indian Oil Corporation Ltd vs Mitai Filling Station SLP(C) 6969 Of 2024 – A 136 Constitution – SLP – Equity

April 3, 2024 / By

Constitution of India, 1950; Article 136 – Supreme Court is not only a court of law but a court of equity, as well -It is not the policy of this Court to entertain special leave petition and grant leave under Article 136 of the Constitution save in those cases where some substantial questions of law …

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