2024 INSC January

Ramratan @ Ramswaroop vs State Of Madhya Pradesh 2024 INSC 826 – Bail – Conditions – Police Interference In Possession Of Immovable Property

Bail – The fundamental purpose of bail is to ensure the accused’s presence during the investigation and trial. Any conditions imposed must be reasonable and directly related to this objective- Court’s discretion in imposing conditions must be guided by the need to facilitate the administration of justice, secure the accused’s presence, and prevent the misuse of …

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Neeraj Sud vs Jaswinder Singh 2024 INSC 825 – Medical Negligence

Medical Negligence – Actionable negligence in context of medical profession involves three constituents (i) duty to exercise due care; (ii) breach of duty and (iii) consequential damage. However, a simple lack of care, an error of judgment or an accident is not sufficient proof of negligence on part of the medical professional so long as the …

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Sankar Kumar Das vs Hon’ble High Court, Calcutta 2024 INSC 824

Summary: The appellants (Assistant Public Prosecutor and Stamp Reporter) appeared for the West Bengal Judicial Service Examination notified vide advertisement dated 17.02.2007- The selection process was completed in the year 2008, and appointments were made at relevant time. They are seeking appointment as Judicial Officers on the grounds set forth by them – Dismissing appeal, …

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Sapna Negi vs Chaman Singh 2024 INSC 822 – Constitution – Article 142 – Irretrievable Breakdown Of Marriage

Constitution of India – Article 142 – Supreme Court can depart from the procedure as well as the substantive laws, as long as the decision is exercised based on considerations of fundamental, general and specific public policy. It has the discretion to dissolve the marriage on the ground of its irretrievable breakdown, and this discretionary power …

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Vimalakka Ramappa Koli @ Talwar vs State Of Karnataka 2024 INSC 818 – S 198 IPC – Caste Certificate – Corruptly Using

Indian Penal Code 1860 – Section 198-Mens rea is an essential ingredient of the offence. Only because the accused could not establish her caste claim before the Committee, one cannot conclude that the accused corruptly used the caste certificate. Moreover, corruptly using the certificate is not sufficient. The accused must have knowledge that the certificate …

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Saroj vs IFFCO Tokio General Insurance Co. 2024 INSC 816 – Motor Accident Compensation Claim – Aadhaar vs School Leaving Certificate – Age Determination

Motor Accident Compensation Claim – MACT determined age based on the School Leaving Certificate – High Court, while partly allowing appeal, noted that the Aadhar Card of the deceased records date of birth to be 1st January 1969; thus, the age comes to 47 years. Hence, the multiplier applicable would be 13 – Allowing appeal …

Saroj vs IFFCO Tokio General Insurance Co. 2024 INSC 816 – Motor Accident Compensation Claim – Aadhaar vs School Leaving Certificate – Age Determination Read More »