Consumer Protection Act -Possession offered without the requisite completion certificate is illegal, and a purchaser cannot be compelled to take possession in such circumstances – Referred to Debashis Sinha v. R.N.R. Enterprise (2023) 3 SCC 195 – the absence of these certificates would constitute a deficiency in service. [In this case, the court held that …
Constitution of India, 1950; Article 226 – Power to direct CBI to conduct investigation is to be exercised sparingly and such orders should not be passed in routine manner- In this case, SC directed cbi to probe a case of suspicious death of senior judicial officer’s wife – The aggrieved party has raised allegations of …
Mandakini Diwan vs High Court Of Chhattisgarh 2024 INSC 666 – CBI Investigation Read More »
Indian Penal Code, 1860; Section 304B – The ingredients of the offence : (a) death of a woman must have been caused by any burns or bodily injury or her death must have occurred otherwise than under normal circumstances; (b) such death must have occurred within seven years of her marriage; (c) soon before her …
Chabi Karmakar vs State Of West Bengal 2024 INSC 665 – S 304B IPC – Dowry Death Read More »
Constitution of India, 1950; Article 226 – Writ of Habeas Corpus – a. Writ of Habeas corpus is a prerogative writ. It is an extraordinary remedy. It is a discretionary remedy; b. The High Court always has the discretion not to exercise the writ jurisdiction depending upon the facts of the case. It all depends …
Somprabha Rana vs State of Madhya Pradesh 2024 INSC 664 Read More »
Constitution of India, 1950; Article 142 – Code Of Criminal Procedure, 1973; Section 320, 482- Courts cannot grant permission to compound the noncompoundable offences, on the basis of any sort of compromise between the parties, as it would be contrary to what has been provided by legislation, except the High Court under Section 482 of …
Suraj Singh Gujar vs State Of Madhya Pradesh 2024 INSC 661 – Article 142 – Compounding Read More »
Andhra Pradesh Reorganisation Act, 2014; Section 77,82 -Section 77 applies to state government employees. Section 82 clearly states that the Corporations shall determine the modalities for distributing their employees between the successor states.
Code Of Criminal Procedure,1973; Section 154-176 –Mere registration of FIR cannot be interpreted to mean that it constitutes the initiation of such proceedings. A registration of FIR necessitates an investigation by a competent officer as per the detailed process outlined in Sections 155 to 176. It is only after a Final Report (or as referred …
Judiciary – Collegium System – Whether elevation for judgeship in the High Court has to be considered collectively by the Collegium of the High Court or whether the Chief Justice acting individually can reconsider the same? The process of judicial appointments to a superior court is not the prerogative of a single individual. Instead, it …
Interpretation of Statutes – When the law prescribes that a certain act has to be done in a particular manner for a party to acquire a right, then it ought to be treated as mandatory in character more so, when the Statute prescribes a consequence for failure to comply with the requirements laid down. (Para …
VS Palanivel vs P Sriram 2024 INSC 659 – IBBI Regulations Read More »
Criminal Trial -As a matter of rule, the Constitutional Courts should not fix a time-bound schedule for conduct of cases before the Trial and other Courts and the said approach can be adopted only in very exceptional cases. Notwithstanding the pronouncement of law by the Constitution Bench of this Court, we have noticed that several …
Ram Bahadur Magar @ Sanki @ Rabin vs State Of West Bengal – Criminal Trial – Bail Read More »