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Shripal vs Karnataka Neravari Nigam Ltd. 2024 INSC 386 - Land Acquisition

Summary: Allowing appeal seeking enhancement of compensation pursuant to acquisition of their lands by the respondents for the purpose of construction of canals under the Hippargi Barrage project , SC observed: The ends of justice would be met if the market value of the lands acquired from the appellants is fixed
07 May 2024
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Sukhpal Singh vs NCT Of Delhi 2024 INSC 385 - S 299 CrPC

Code of Criminal Procedure, 1973; Section 299 (1)- The first part provides for proof of jurisdictional fact in respect of abscondence of an accused person and the second that there was no immediate prospect of arresting him. In the event, an order under the said provision is passed, deposition
07 May 2024 1 min read
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Jagvir Singh vs State Of UP 2024 INSC 384 - Murder Case- Acquitted

Summary: Concurrent murder conviction set aside Read Judgment
07 May 2024
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Child In Conflict With Law Through His Mother vs State Of Karnataka 2024 INSC 387 - Ss 14,15,101 Juvenile Justice Act - Children's Court

Juvenile Justice (Care and Protection of Children) Act, 2015; Section 14,15 - The provision of Section 14(3) of the Act, providing for the period of three months for completion of a preliminary assessment under Section 15 of the Act, is not mandatory. The same is held to be
07 May 2024 2 min read
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Amanatullah Khan vs Commissioner of Police 2024 INSC 383 - History Sheet

Summary: Some disturbing contents of the History Sheet to the extent it pertained to the school going minor children of the appellant and his wife, against whom there was apparently no adverse material whatsoever for inclusion in the History Sheet - Amended Standing Order -The decision taken to the effect
07 May 2024 1 min read
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Jatinder Kumar Sapra vs Anupama Sapra 2024 INSC 382 - Irretrievable Breakdown Of Marriage

Constitution of India, 1950; Article 142- Various factor(s) to be considered by this Court whilst exercising such jurisdiction Article 142 to pass decree of divorce on ground of irretrievable breakdown of marriage - Referred to Shilpa Sailesh v. Varun Sreenivasan, 2023 SCC Online SC 544. (Para 5) Summary: The
06 May 2024
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Prashant Singh vs Meena 2024 INSC 380 - U.P. Consolidation of Holdings Act, 1953

U.P. Consolidation of Holdings Act, 1953; Section 49 - Section 49 contemplates bar to the jurisdiction of the 5 Civil or Revenue Court for the grant of declaration or adjudication of rights of tenure holders in respect of land lying in an area for which consolidation proceedings have commenced.
06 May 2024 1 min read
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Abhimeet Sinha vs High Court of Judicature At Patna 2024 INSC 381- Judicial Service - Minimum Qualifying Marks In Viva Voce/ Interview

Judicial Service - Bihar Superior Judicial Service Rules, 1951 - Gujarat State Judicial Service Rules, 2005; Rule 8(3) - Rules stipulating minimum qualifying marks in the viva voce test as a part of the selection criteria for appointment to the District Judiciary - The Prescription of minimum qualifying marks
06 May 2024 2 min read
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A (Mother of X) vs State Of Maharashtra 2024 INSC 371 - MTP Act- Termination Of Pregnancy

Constitution of India, 1950; Article 21 - The right to choose and reproductive freedom is a fundamental right under Article 21 of the Constitution. Therefore, where the opinion of a minor pregnant person differs from the guardian, the court must regard the view of the pregnant person as an important
05 May 2024 2 min read
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Dr Ranbeer Bose vs Anita Das 2024 INSC 379

Constitution of India, 1950; Article 226- Writ petition raising issues irregularity committed in the construction- The appropriate remedy is to approach the municipal authorities and if no proper response was forthcoming, then the civil Court was the appropriate forum for ventilating the grievances of the nature. (Para 9) Read Judgment
04 May 2024
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Smita Shrivastava vs State of Madhya Pradesh 2024 INSC 378

Summary: Illegal denial of appointment - Allowing appeal, SC observed:It is a glaring case wherein the adamant, arbitrary, mala fide and high-handed approach of the State Government and its officials has driven the appellant to a series of prolonged litigations which were evidently not out of her choice. The
04 May 2024
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Chander Bhan (D) vs Mukhtiar Singh 2024 INSC 377 - Lis Pendens - TP Act

Transfer of Property Act, 1882; Section 52- Doctrine of lis pendens- Object underlying the doctrine of lis pendens is for maintaining status quo that cannot be affected by an act of any party in a pending litigation. The objective is also to prevent multiple proceedings by parties in different forums.
04 May 2024 1 min read
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Alauddin vs State Of Assam 2024 INSC 376 - Ss 161,162 CrPC - Ss 145,155 Evidence Act

Code Of Criminal Procedure, 1973; Section 161,162- Any statement made by a person to a police officer in the course of investigation, which is reduced in writing, cannot be used for any purpose except as provided in Section 162. The first exception incorporated in sub-Section (2) is of the
04 May 2024 3 min read
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State Of UP vs Mohan Lal 2024 INSC 375

Summary: Application filed by State seeking condonation of delay of 1,633 days in filing the present petition -SLP dismissed. Read Judgment
04 May 2024
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Kanihya @ Kanhi(D) vs Sukhi Ram 2024 INSC 374 - Civil Suit For Pre-Emption

Summary: Suit for pre-emption - Plaintiff was required to deposit a sum of ? 9,214/- minus 1/5th of the pre-emption amount already deposited, on or before 10.10.1988, failing which the suit shall stand dismissed- Plaintiff deposited amount - Later defendant filed an application seeking dismissal of
04 May 2024 1 min read
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TR Vijayaraman vs State Of Tamil Nadu 2024 INSC 373

Summary: Trial Court convicted accused under Sections 120-B, read with Section 420 IPC and Section 420 IPC- HC upheld it - Dismissing SLP, SC observed:All the accused in connivance with each other have cheated the bank, by submitting cheques of the accounts in which there was no balance, or
04 May 2024
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Mahendra Nath Soral vs Ravindra Nath Soral 2024 INSC 372- Alternative Dispute Redressal Process

Alternative Dispute Redressal Process - The dispute relating to partition/division amongst family members/coparceners /co-owners should normally be settled through Alternative Disputes Redressal (ADR) Process -The Courts are required to explore these methods for amicable settlement of family disputes - Referred to Afcons Infrastructure Limited vs. Cherian Varkey Construction
04 May 2024
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Nirmala vs Kulwant Singh 2024 INSC 370 - Habeas Corpus - Child Custody Matters

Constitution of India, 1950; Article 226- Maintainability of the Habeas Corpus petition with regard to custody of the minor child - Habeas corpus is a prerogative writ which is an extraordinary remedy. It has been held that recourse to such a remedy should not be permitted unless the ordinary remedy
04 May 2024 1 min read
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Anees vs State Govt Of NCT 2024 INSC 368 - Public Prosecutor - Ss 106, 165,27 Evidence Act- Ss 162 CrPC

Public Prosecutor - There should not be any element of political consideration in the matters like appointment to the post of public prosecutor, etc. The only consideration for the Government should be the merit of the person. The person should be not only competent, but he should also be a
04 May 2024 9 min read
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Achin Gupta vs State Of Haryana 2024 INSC 369 - S 498A IPC - S 482 CrPC

Indian Penal Code, 1860; Section 498A - Referred to Preeti Gupta v. State of Jharkhand 2010 Criminal Law Journal 4303 - We request the Legislature to look into the issue as highlighted above taking into consideration the pragmatic realities and consider making necessary changes in Sections 85 and 86 respectively
03 May 2024 1 min read
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Chaitra Nagammanavar vs State Of Karnataka 2024 INSC 367 - Service Law

Summary: HC set aside the appellant’s selection and appointment on the ground that the university specifically declared in the advertisement that the ‘Mode of Selection’ shall be as per the Karnataka State Civil Services (Unfilled Vacancies Reserved For Persons Belonging to the SC’s and ST’s) (Special Recruitment)
02 May 2024
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Shankar vs State Of Uttar Pradesh 2024 INSC 366 - S 319 CrPC- Higher Degree Of Satisfaction

Code Of Criminal Procedure, 1973; Section 319- The degree of satisfaction required to exercise power under Section 319 Cr.P.C. - The evidence before the trial court should be such that if it goes unrebutted, then it should result in the conviction of the person who is sought to
02 May 2024
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RK Munshi vs Union Territory Of Jammu & Kashmir 2024 INSC 365 - House Rent Allowance

Summary: Appellant received a communication from the Director Police, Telecom regarding recovery of the outstanding rentals on account of unauthorized drawals of House Rent Allowance. The said action was taken under Rule 6(h) of The Jammu and Kashmir Civil Services (House Rent Allowance and City Compensation Allowance) Rules, 1992-
02 May 2024
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Commissioner Of Trade & Taxes vs FEMC Pratibha Joint Venture 2024 INSC 364- Delhi Value Added Tax Act- Refund Timeline

Delhi Value Added Tax Act, 2004; Section 38(3) -Whether the timeline for refund under Section 38(3) must be mandatorily followed while recovering dues under the Act by adjusting them against the refund amount?- The language of Section 38(3) is mandatory and the department must adhere to
02 May 2024 1 min read
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Deependra Yadav vs State of Madhya Pradesh 2024 INSC 362 - Public Service Exams- Reservation

Public Service Examinations - Reservation - Candidates belonging to any of the vertical reservation categories would be entitled to be selected in the ‘open category’ and if such candidates belonging to reservation categories are entitled to be selected on the basis of their own merit, their selection cannot be counted
01 May 2024 1 min read
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