2024 INSC January

Feran Singh vs State Of Madhya Pradesh CrA 838/2024 – Ss 156(3), 190, 200, 173(2) CrPC –

Code of Criminal Procedure, 1973; Section 156(3) – When the allegation in the complaint is with respect to commission of offence(s) triable by Court of Sessions it would be proper for the Magistrate to order for investigation under Section 156 (3), Cr.P.C. instead of conducting the enquiry by himself. (Para 6) Code of Criminal Procedure, …

Feran Singh vs State Of Madhya Pradesh CrA 838/2024 – Ss 156(3), 190, 200, 173(2) CrPC – Read More »

State vs B Ramu 2024 INSC 114 :: [2024] 2 S.C.R. 357 – S 37 NDPS – Bail

Narcotic Drugs and Psychotropic Substances Act, 1985 ; Section 37 – For entertaining a prayer for bail in a case involving recovery of commercial quantity of narcotic drug or psychotropic substance, the Court would have to mandatorily record the satisfaction in terms of the rider contained in Section 37 of the NDPS Act. – In …

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Haryana Staff Selection Commission vs Subhash Chand 2024 INSC 112

Summary : A direction was issued by the High Court to grant appointment to the first respondent in General Caste (EBPGC) category – Appeal filed against this by t to Haryana Staff Selection Commission dismissed -Directed that the appointment order be issued to the first respondent in terms of the impugned judgment dated 10th December, …

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Navin Kumar Rai vs Surendra Singh 2024 INSC 116 – S 482 CrPC – Registration Act

Code of Criminal Procedure, 1973; Section 482 – While exercising such inherent powers what is required to be examined is only the prima facie existence of the offence sought to be quashed -t the Court was required to consider was whether any of the well-established grounds that are enumerated in judgments in State of Haryana …

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Chatrapal vs State Of Uttar Pradesh 2024 INSC 115 :: [2024] 2 S.C.R. 348- Disciplinary Proceedings

Disciplinary Proceedings – ordinarily the findings recorded by the Inquiry Officer should not be interfered by the appellate authority or by the writ court. However, when the finding of guilt recorded by the Inquiry Officer is based on perverse finding the same can always be interfered – Referred to Union of India vs. P. Gunasekaran …

Chatrapal vs State Of Uttar Pradesh 2024 INSC 115 :: [2024] 2 S.C.R. 348- Disciplinary Proceedings Read More »

Association For Democratic Reforms vs Union Of India 2024 INSC 113 :: [2024] 2 S.C.R. 420 – Electoral Bonds Unconstitutional

Electoral Bond Scheme – The Electoral Bond Scheme, the proviso to Section 29C(1) of the Representation of the People Act 1951 (as amended by Section 137 of Finance Act 2017), Section 182(3) of the Companies Act (as amended by Section 154 of the Finance Act 2017), and Section 13A(b) (as amended by Section 11 of …

Association For Democratic Reforms vs Union Of India 2024 INSC 113 :: [2024] 2 S.C.R. 420 – Electoral Bonds Unconstitutional Read More »

Palani vs Tamil Nadu State 2024 INSC 110 – Drugs and Cosmetics Act

Drugs and Cosmetics Act, 1940; Section 18A ,28 – Both these provisions concern the disclosure or non-disclosure respectively of the name of the manufacturer – In this case, the quantities of the 29 kinds of medicines recovered from the clinic run by the Appellant, were of small quantity. In such a situation, non-disclosure of the …

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Rajesh Viren Shah vs Redington (India) Limited 2024 INSC 111 – Ss 138,141 NI Act – Resignation Of Directors

Negotiable Instruments Act, 1881; Section 138, 141 – Whether a Director who has resigned from such position and which fact stands recorded in the books as per the relevant rules and statutory provisions, can be held liable for certain negotiable instruments, failing realization ? In this case, resignations have taken place on 9 th December …

Rajesh Viren Shah vs Redington (India) Limited 2024 INSC 111 – Ss 138,141 NI Act – Resignation Of Directors Read More »

Axis Bank Limited vs Naren Sheth 2024 INSC 105

Clarification – The word “unsecured creditor” referred to in paragraph 20 of the judgment (Axis Bank Limited vs Naren Sheth 2023 INSC 820) be now read as “secured creditor”.

Priyanka Prakash Kulkarni vs Maharashtra Public Service Commission 2024 INSC 98 – Public Employment

Summary – the Appellant is a meritorious candidate who has cleared the main examination under the ‘Open General Category’ despite being deserving of the benefit of female reservation – Respondent directed to forthwith treat the Appellant as a candidate under the ‘Reserved Female Category’ – Appellant cannot be unfairly deprived of the benefit of female …

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