2024 INSC January

State of NCT of Delhi vs Raj Kumar @ Lovepreet @ Lovely 2024 INSC 11 – S 43D(2)(b) UAPA

February 4, 2024 / By

Unlawful Activities (Prevention) Act, 1967 ; Section 43 D(2)(b) – The extension for investigation could be granted up to a maximum period of 180 days for the following reasons: Completion of the investigation; Progress in the investigation was explained; and Specific reasons for detention beyond a period of 90 days – In this case, the …

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Reliance Life Insurance Company Ltd vs Jaya Wadhwani 2024 INSC 10 – Insurance Law

February 4, 2024 / By

Insurance – The date of proposal cannot be treated to be the date of policy until and unless on the date of proposal, initial deposit as also the issuance of policy happens on the same date where, for example, the premium is paid in cash then, immediately, the policy could be issued. Merely, tendering a …

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Brij Narayan Shukla (D) vs Sudesh Kumar Alias Suresh Kumar (D) 2024 INSC 9 – S 100 CPC – Second Appeal- Adverse Possession

February 4, 2024 / By

Code of Civil Procedure, 1908 – The High Court was hearing the Second Appeal under section 100 of Code of Civil Procedure, 19082 and it having reappreciated the findings to disturb findings of fact, committed an error. (Para 9.2) Adverse Possession – The suit of the year 1944 was for the arrears of rent and …

Brij Narayan Shukla (D) vs Sudesh Kumar Alias Suresh Kumar (D) 2024 INSC 9 – S 100 CPC – Second Appeal- Adverse Possession Read More »

Mary Pushpam vs Telvi Curusumary 2024 INSC 8 – Suit For Possession – Doctrine of Merger – Precedents – Judicial Discipline

February 4, 2024 / By

Civil Suit – Suit for possession has to describe the property in question with accuracy and all details of measurement and boundaries. When this was completely lacking , a suit for possession with respect to such a property would be liable to be dismissed on the ground of its identifiability. (Para 23) Judicial Discipline – …

Mary Pushpam vs Telvi Curusumary 2024 INSC 8 – Suit For Possession – Doctrine of Merger – Precedents – Judicial Discipline Read More »

Radhey Shyam Yadav vs State Of UP 2024 INSC 7 – Service Law

February 4, 2024 / By

Summary: Appellants were appointed as Assistant Teachers at the Junior High School, Bahorikpur, Maharajganj, District Jaunpur, U.P- From October, 2005, abruptly their salaries were stopped – Writ petition challenging this was dismissed by Allahabad HC – Appeals allowed by Supreme Court with direction that the State shall pay the salaries of the appellants for the …

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Neeraj Sharma vs State of Chhattisgarh 2024 INSC 6 – S 364A IPC – S 32 Evidence Act – Injured Eye-Witness

February 4, 2024 / By

Indian Penal Code, 1860 ; Section 364A – In order to make out an offence under Section 364 A, three conditions must be met: A) There should be a kidnapping or abduction of a person or a person is to be kept in detention after such kidnapping or abduction; B) There is a threat to …

Neeraj Sharma vs State of Chhattisgarh 2024 INSC 6 – S 364A IPC – S 32 Evidence Act – Injured Eye-Witness Read More »

Ajeet Singh vs State of Uttar Pradesh 2024 INSC 5 – S 375 IPC – S 482 CrPC – Rape By Giving False Promise To Marry

February 4, 2024 / By

Code of Criminal Procedure, 1973 ; Section 482 – Indian Penal Code, 1860 ; Section 375 – The allegation in the FIR is that the appellant maintained a physical relationship with the victim by giving her a false promise of marriage – The relationship between the appellant and the victim was a consensual relationship which …

Ajeet Singh vs State of Uttar Pradesh 2024 INSC 5 – S 375 IPC – S 482 CrPC – Rape By Giving False Promise To Marry Read More »

State of Uttar Pradesh vs Association of Retired Supreme Court and High Court Judges at Allahabad 2024 INSC 4 – Contempt Of Court- Summoning Of Govt. Officials

February 4, 2024 / By

Contempt of Courts Act, 1971 – The power of the High Courts to initiate contempt proceedings cannot be used to obstruct parties or their counsel from availing legal remedies- Courts must refrain from summoning officials as the first resort. While the actions and decisions of public officials are subject to judicial review, summoning officials frequently …

State of Uttar Pradesh vs Association of Retired Supreme Court and High Court Judges at Allahabad 2024 INSC 4 – Contempt Of Court- Summoning Of Govt. Officials Read More »

Vishal Tiwari vs Union of India 2024 INSC 3 – SEBI – Judicial Review – Adani-Hindenburg

February 4, 2024 / By

Constitution of India, 1950; Article 32, 226 – Judicial Review – SEBI – a. Courts do not and cannot act as appellate authorities examining the correctness, suitability, and appropriateness of a policy, nor are courts advisors to expert regulatory agencies on matters of policy which they are entitled to formulate; b. The scope of judicial …

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Vashist Narayan Kumar vs State of Bihar 2024 INSC 2 – Public Employment

February 4, 2024 / By

Summary: Appellant applied for Police Constable Post and cleared the written examination and the Physical Eligibility Test – He was declared failed for the reason that in the application form uploaded online, his date of birth was shown as 08.12.1997, in the school mark sheet, his date of birth was reflected as 18.12.1997 – High …

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