2024 INSC December

A collection of 125 posts

Election

Syeda Noor Fatima Zaidi Vs Heena Urooz 2024 INSC 1053 - Karnataka Municipal Corporations Act

Karnataka Municipal Corporations Act, 1976 - Section 37(2)(b)- Section 37(2)(b) of the Act does provide for declaring the person having the second highest number of votes, if the same be a majority of the valid votes without counting the votes secured by the originally returned

Indian Penal Code

ABC vs XYZ 2024 INSC 1052 - S 376 IPC - Rape - Promise To Marry

Indian Penal Code 1860 - Section 376 -When contents of the FIR clearly suggest that both the parties being adult had consensual relations for years before the complaint was filed alleging that there was backing out of promise to marry -Under these admitted facts no case is made out under

Litigation

Pandurang Vithal Kevne vs Bharat Sanchar Nigam Limited 2024 INSC 1051 Litigation - Forum Shopping

Litigation - Forum Shopping - Right to access the courts is a cornerstone of our democracy. However, this right is not absolute and must be exercised responsibly. When litigants engage in forum shopping, file repetitive and meritless pleas, and deliberately delay proceedings, they erode the very foundation of our legal

Tamil Nadu Town and Country Planning Act

Pradhan Babu vs Nachimuthu Nagar Kudiyiruppor Nala Sangam 2024 INSC 1047- Tamil Nadu Town and Country Planning Act

Tamil Nadu Town and Country Planning Act, 1972 - The law permits a planning authority to come out with a Layout Plan or a Master Plan for an area in which certain area may be reserved for public purposes. Given how our cities are fast expanding, the salutary purpose and

Code Of Civil Procedure

Daliben Valjibhai Prajapati vs Kodarbhai Kachrabhai 2024 INSC 1049 - Order VII Rule 11 CPC - Art. 59 Limitation Act

Code of Civil Procedure 1908 - Order VII Rule 11 ; Limitation Act 1963 - Article 59 - Suit for cancellation of sale deed - In impugned judgment, HC noted that under Article 59 of the Limitation Act, a suit can be instituted within 3 years of the knowledge, it proceeded

Drugs and Cosmetics Act

Bhagwati Medical Hall vs Central Drugs Standard Control Organization 2024 INSC 1048 - S 26A Drugs & Cosmetics Act

Drugs & Cosmetics Act, 1940 - Section 26A & 22(1)(d) - Section 22(1)(d) is not a substitute for Section 26A of the D&C Act, 1940. While an Inspector may inspect premises, verify licenses, ensure proper record-keeping, and take action against specific offenses under the

Consumer Protection Act

BPTP Limited Vs Terra Flat Buyers Association 2024 INSC 929 - Settlement- Consumer Case

Summary: As per the settlement in a consumer complaint, the appellants are required to pay the amount received from each of the complainants along with interest @ 9% per annum- whether the actual amount should be paid or it should be paid after deducting the TDS, as per the provisions of

Tenancy Laws

Prakash Bhalotia (D) vs Indra Chandra Goyal (D) 2024 INSC 941 - Tenancy Laws

Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act - In a suit seeking eviction on the  ground of arrears of rent, if the rent is not paid during the pendency,  it can be a ground for directing eviction for non­payment of the rent. (Para 22)-

Service Law

Union Of India vs N.M. Raut 2024 INSC 1042 - Service Law - MACP Scheme

Service Law - Interpretation and implementation of the Modified Assured Career Progression Scheme, 2008, applicable with effect from 01.09.2008- SC Held: the Respondents would be entitled to the benefits of the MACPS only after taking into consideration all the financial upgradations earned by them, in terms of the

Consumer Protection Act

Hongkong And Shanghai Banking Corp. Ltd. Vs Awaz 2024 INSC 1044 - Credit Card Interest - NCDRC Judgment

Credit Card - The rate of interest, charged by the banks, determined by the financial wisdom & directives issued by the Reserve Bank of India, and is duly communicated to the credit card holders from time to time, cannot be in any manner unconscionable or unilateral. The credit card holders

NDPS Act

Narcotics Control Bureau vs Kashif 2024 INSC 1045 - Ss 37, 52A NDPS Act

NDPS Act - Section 37 - In the NDPS cases, where the offence is punishable with minimum sentence of ten years, the accused shall generally be not released on bail. Negation of bail is the rule and its grant is an exception. While considering the application for bail, the court

Transfer Of Property Act

Giriyappa vs Kamalamma 2024 INSC 1043 - S 53A Transfer Of Property Act

Transfer of Property Act - Section 53-A-Protection of a prospective purchaser/transferee of his possession of the property involved, is available subject to the following prerequisites: (a) There is a contract in writing by the transferor for transfer for consideration of any immovable property signed by him or on his

Constitutional Law

Pawan Kumar vs Union Of India 2024 INSC 1041 - Judicial Review of Tender Matters

Constitution of India - Article 226 - Judicial Review - Author of the tender documents is the best person to understand and appreciate its requirements and interpret its documents. The constitutional courts must defer to this understanding and appreciation of the tender documents, unless there is mala fide or perversity

Service Law

Director General Vs Balan C 2024 INSC 1031 - Service Law - Transfer

Summary: HC set aside the order transferring the services of the respondent from Thiruvananthapuram to Jammu - Allowing appeal, SC observed:respondent has expressed his willingness to join the post to which he has been transferred -The appellant should release the salary for the period commencing from 27.05.2023

Constitutional Law

NOIDA Toll Bridge Company Ltd. vs Federation of NOIDA Residents Welfare Association 2024 INSC 1027 - PIL - Contractual Matters - Administrative Law - Uttar Pradesh Industrial Area Development Act

Uttar Pradesh Industrial Area Development Act, 1976 - Section 6A - 'Authority’ is empowered to delegate the power to collect taxes or fees levied by it. However, under no circumstances does it authorize the delegation of the power to levy taxes or fees.[SC held that NOIDA overstepped its

Registration Act

Mukesh vs State Of Madhya Pradesh 2024 INSC 1026 -Registration Act - Adverse Possession

Registration Act, 1908-Section 17 -To fall under the exception of Section 17(2)(vi) , the following conditions must be satisfied: (i)There must be a compromise decree as per the terms of the compromise without any collusion; (ii)The compromise decree must pertain to the subject property in the suit;

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Anil Bhavarlal Jain vs State Of Maharashtra 2024 INSC 1039 - S 482 CrPC - Corruption Cases

Code of Criminal Procedure - Section 482 - Prevention of Corruption Act - Quashing of offences under the PC Act would have a grave and substantial impact not just on the parties involved, but also on the society at large- economic offences by their very nature stand on a different

Indian Penal Code

James vs State Of Karnataka 2024 INSC 1038 - S 279,304A IPC - Conviction

Summary: High Court dismissed the Revision Petition and upheld the sentence of 6 months S.I. under Section 304A of the Indian Penal Code, 1860 (hereinafter ‘IPC’) and also upheld the fine of Rs. 1000/- for the offence punishable under Section 279 of IPC - Dismissing appeal, SC observed:

Public Service Commission

Ajith G. Das vs State Of Kerala 2024 INSC 1037 -Public Service Commission

Public Service Commission -Kerala PSC - The Government’s directives regarding workforce requirements are binding on the KPSC, provided they do not interfere with the integrity and sanctity of the selection process. While the KPSC’s autonomy remains vital, it must be exercised within the confines of its role as

Matrimonial

Sugirtha vs Gowtham 2024 INSC 1036 - Child Custody

Child Custody - Father being the natural guardian cannot be denied of the care and custody of the child and that his agony of missing his child’s childhood cannot be prolonged, but the same cannot override the interest of the child. (Para 12) The matrimonial disputes and grave allegations

Medical Negligence Consumer Complaints

Bherulal Bhimaji Oswal(D) vs Madhusudan N.Kumbhare 2024 INSC 1035 - Medical Negligence

Summary: NCDRC allowed the revision and consumer complaint alleging medical negligence was dismissed - Allowing appeal, SC directed to pay compensation of Rs. 3,50,000 to the complainant and observed: a blatant result of medical negligence by the respondent in post-operative care wherein corrective steps could have been taken,

Service Law

Jaggo vs Union Of India 2024 INSC 1034 - Service Law - Regularization - Uma Devi Judgment

Regularization - Secretary, State of Karnataka vs. Uma Devi judgment misinterpreted or misapplied to deny legitimate claims of long-serving employees- Eployees in irregular appointments, who were engaged in duly sanctioned posts and had served continuously for more than ten years, should be considered for regularization as a one-time measure -

Matrimonial

Amutha vs A.R. Subramanian 2024 INSC 1033 - Hindu Marriage Act - Prolonged Separation - Cruelty - Irretrievable Breakdown Of Marriage - Permanent Alimony

Hindu Marriage Act - Section 13 -Actions causing sustained emotional torment and loss of trust in the marital relationship constitutes cruelty- Marriage is a relationship built on mutual trust, companionship, and shared experiences. When these essential elements are missing for an extended period, the marital bond becomes a mere legal

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Shambhu Debnath vs State Of Bihar 2024 INSC 1032 - Anticipatory Bail

Code of Criminal Procedure 1973 - Section 438 - Anticipatory Bail - Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse

Code Of Civil Procedure

Dwarika Prasad (D) Vs Prithvi Raj Singh 2024 INSC 1030 - Order IX Rule 13 CPC - Counsel's Fault

Code of Civil Procedure 1908 - Order IX Rule 13 - Courts should not shut out cases on mere technicalities but rather afford opportunity to both sides and thrash out the matter on merits. Further, we cannot let the party suffer due to negligent or fault committed by their counsel.