2024 INSC December - CaseCiter (Page 2)

China Development Bank vs Doha Bank Q.P.S.C. 2024 INSC 1029 - S 5(8),7,14 IBC - Financial Creditor

Insolvency and Bankruptcy Code - Section 14- Section 14(1) imposes an embargo or prohibition on certain acts. However, it does extinguish the claim- If money advanced is secured by a promissory note or a negotiable instrument, a suit for recovery based on the said documents will not lie once

Land Acquisition Act 1894

Kamla Devi vs State of Haryana 2024 INSC 1028 - Land Acquisition

Summary: Assessment of Compensation for the land subsisting in village Tauru, District Mewat acquired by the State of Haryana vide notifications dated 11.02.2011 and 10.02.2012 issued under Section 4 and 6 of the Land Acquisition Act, 1894 - Appeal allowed by referring to Horrmal vs State

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Amar Sardar vs State Of West Bengal 2024 INSC 1040 - S 372 CrPC - Appeal Against Conviction

Code Of Criminal Procedure -Section 372 - There shall be independent application of mind in deciding the criminal appeal against conviction. It is the duty of an appellate court to independently evaluate the evidence presented and determine whether such evidence is credible. Even if the evidence is deemed reliable, the

Code Of Civil Procedure

Shri Mukund Bhavan Trust vs Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj Bhonsle 2024 INSC 1025 - Order VII Rule 11 CPC - Rejection Of Plaint

Code Of Civil Procedure 1908 - Order VII Rule 11 - When an application to reject the plaint is filed, the averments in the plaint and the documents annexed therewith alone are germane. The averments in the application can be taken into account only to consider whether the case falls

Negotiable Instruments Act

Bijoy Kumar Moni Vs Paresh Manna 2024 INSC 1024 -Ss 138,141 Negotiable Instruments Act

Negotiable Instruments Act - Section 138 -It is only the drawer of the cheque who can be held liable for an offence under Section 138 of the NI Act - An authorised signatory acting on behalf of the principal cannot be said to be the “drawer” of the cheque “on

Code Of Civil Procedure

Abdul Rejak Laskar vs Mafizur Rahman 2024 INSC 1023 - Section 9 CPC - Order XX Rule 18 CPC - Partition Suits - Assam Land and Revenue Regulation

Assam Land and Revenue Regulation 1886- Section 97, 154(1)(e) - To maintain a suit for imperfect partition under Section 97, the appellant has to fulfill two conditions stipulated therein. a. First, the person seeking partition should be in actual possession of the property in respect of which he

Specific Relief Act

Parswanath Saha vs Bandhana Modak (Das) 2024 INSC 1022 - S 20 Specific Relief Act - Hardship

Specific Relief Act, 1963 - Section 20 (Pre 2019 amendment) - Mere rise in price subsequent to the date of the contract or inadequacy of price is not to be treated as a hardship entailing refusal of specific performance of the contract. Further, the hardship involved should be one not

Code Of Civil Procedure

Mallavva vs Kalsammanavara Kalamma 2024 INSC 1021 -Order VI Rule 17 - Amendment Of Pleadings - Appellate Stage

Code of Civil Procedure 1908 - Order VI Rule 17 – A party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of rules of procedure. The court always gives relief to amend the pleading of the party, unless it is satisfied that the party

Indian Penal Code

Prakash Vs State Of Maharashtra 2024 INSC 1020 - S 306 IPC - Suicide Abetment -

Indian Penal Code 1860 - Section 306 IPC - To attract the offence of abetment to suicide, it is important to establish proof of direct or indirect acts of instigation or incitement of suicide by the accused, which must be in close proximity to the commission of suicide by the

Indian Penal Code

Digambar Vs State Of Maharashtra 2024 INSC 1019 - S 498A, 312-313 IPC - FIR Quashing

Indian Penal Code 1860 - Section 498A- The ingredients for an offence to be made out under Section 498-A of IPC require that there has to be cruelty inflicted against the victim which either drives her to commit suicide or cause grave injury to herself or lead to such conduct

Education

S. Gunasekaran vs Under Secretary To Govt. 2024 INSC 1018 - College Admissions

Summary: The appellant was allotted a seat in the M.D. (Endocrinology) in College. He took admission in the College and joined the course - On resignation, the College invoked a clause in the bond and asked the appellant to pay a penalty of Rs.30 Lacs and also directed

Service Law

State Of U.P. Sandeep Agarwal 2024 INSC 1015- Service Law- VRS Applications

Summary: High Court allowed the writ petition and, while quashing the order of termination, passed an order of reinstatement with all the consequential benefits in favour of the respondent- Partly allowing appeal, SC observed: It is true that the conduct of the appellants in not deciding the applications for VRS

Motor Accident Compensation

T.C. John @ Yohannan (D) Vs V.J. Antony 2024 INSC 1016 - Motor Accident Compensation

Motor Accident Compensation Claims -The appellants-claimants, for the period between 22.06.2016 to 13.07.2023, have been denied interest on the ground that there was delay on the part of the counsel for the appellants-claimants in not supplying the copy of the paper book to the counsel for

Bail

Siddhant @ Sidharth Balu Taktode vs State Of Maharashtra 2024 INSC 1017 - Bail - Long Incarceration

Bail - While granting bail to an MCOCA Accused, SC observed: If an accused is incarcerated for a period of approximately five years without even framing of charges, leave aside the right of speedy trial being affected, it would amount to imposing sentence without trial. In our view, such a

Criminal Trial

Ashok Verma vs State of Chhattisgarh 2024 INSC 1011 - Alibi - S 106 Evidence Act- Murder Cases

Criminal Trial - Alibi -Alibi means 'elsewhere'- The plea of alibi can be applied only if the ‘elsewhere place’ is far away from the place of occurrence so that it was extremely improbable or impossible for the person concerned to reach the place of occurrence and to

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Karan Talwar vs State of Tamil Nadu 2024 INSC 1012- S 227 CrPC - S 27 NDPS Act - Discharge

Code of Criminal Procedure 1973 - Section 227 - While calling upon to exercise the power under Section 227, Cr.P.C., the judge concerned has to consider only the record of the case and the documents produced along with the same. If on such consideration the court forms an

Negotiable Instruments Act

Ravi Dhingra vs State of NCT of Delhi 2024 INSC 1013 - S 138,141 NI Act - Cheque Bounce Complaint

Negotiable Instruments Act - Section 138,141 - To maintain a complaint and to frame a charge under Section 138 of the NI Act, there must be a specific averment against the person concerned that he was in-charge of, and responsible for the company concerned in the matter of conduct

Matrimonial

Rinku Baheti Vs Sandesh Sharda 2024 INSC 1014 - Women Protection Laws - Misuse - Art. 142 Constitution - Irretrievable Breakdown Of Marriage

Matrimonial Laws - Permanent Alimony - Maintenance -The tendency of parties seeking maintenance or alimony as an equalization of wealth with the other party- The wife is entitled to be maintained as far as possible in a manner that is similar to what she was accustomed to in her matrimonial

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

State Of Orissa vs Pratima Behera 2024 INSC 1010 - S 239 CrPC - Discharge - S 13 PC Act

Code of Criminal Procedure 1973 - Section 239 - The obligation to discharge the accused under Section 239 arises only when the Magistrate considers the charge against the accused to be groundless- Though at the stage of framing of issue what is to be seen is only whether there is

Land Laws

Chandrabhan Rupchand Dakal (D) vs State of Maharashtra Res Judicata 2024 INSC 1009-Land Laws - Res Judicata

Res Judicata- a plea of res judicata can be given effect, it shall be provided that the litigating parties are the same, the subject matter of suits are identical; the matter must be finally decided between the parties and the suit must be decided by a Court of competent jurisdiction-

Constitutional Law

Rajeev Kumar Upadhyay Vs Srikant Upadhyay 2024 INSC 1008 - Constitution - Dignity - Witchcraft

Constitution of India - Article 21 - Dignity is an invaluable aspect of Indian Constitutional jurisprudence, and there exists a duty upon the State to take all action to protect the same- Dignity goes to the very core of the existence of an individual in society. Any action which undermines

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

P. Manikandan vs Central Bureau Of Investigation 2024 INSC 1007- Reinvestigation - Double Jeopardy

Summary: HC, after acquitting the appellant, directed the CBI to re-investigate after considering the relevant material and documents on record- Allowing appeal, SC held: Any benefit accruing from faulty investigation ought to be given to the accused. The necessary corollary thereof being that simply because the investigation was less than

Muslim Law

Mansoor Saheb (D) vs Salima (D) 2024 INSC 1006 - Muslim Law - Gift - Partition - Mutation Entry

Muslim Law - Mohammedan law- Gift -Three essential elements which are necessary for a valid gift deed. They are: a) The gift has to be necessarily declared by the person giving the gift, i.e., the donor; b) Such a gift has to be accepted either impliedly or explicitly by

Hindu Succession Act

Tirith Kumar vs Daduram 2024 INSC 1005 - Hindu Succession Act - Tribals - Art. 341,342 Constitution

Hindu Succession Act 1956 -Section 2 -The HSA, 1956, cannot apply to scheduled tribes. (Para 6) Recommendations: Look into pathways to secure the right of survivorship to female tribals - Referred to Kamla Neti v. LAO : Central Government to look into the matter and if required, to amend the provisions

Legal Services Authorities Act

Sanjeevkumar Harakchand Kankariya Vs Union Of India 2024 INSC 1004 - 7th Schedule Constitution -Court Free - ADRs

Constitution of India - Seventh Schedule - Entry 11A List III cannot govern the refund of court fees when a matter is settled by methods of alternate dispute resolution, in the face of Entry 3 List II simply by the use of the words “administration of justice” in the former.