2024 INSC December

A collection of 125 posts

UGC Regulations

Allahabad University Geetanjali Tiwari (Pandey) 2024 INSC 1003- UGC Regulations - Interpretation Of Statutes - Writ Petition - Pleadings

UGC Regulations- High Court held that Reg.10 has no application in relation to appointment on the post of Assistant Professor - Allowing appeal, SC observed: Once Reg.10 specifically refers to counting of previous regular service, whether national or international, inter alia as Assistant Professor, the Division Bench in

Code Of Civil Procedure

Jami Venkata Suryaprabha Vs Tarini Prasad Nayak 2024 INSC 1001 - Order XVIII Rule 1 CPC - Right To Begin

Central Excise Tariff Act

Commissioner Of Central Excise, Salem vs Madhan Agro Industries (India) Private Ltd. 2024 INSC 1002- Central Excise Tariff Act - Common Parlance Test

Central Excise Tariff Act, 1985- Pure coconut oil sold in small quantities as ‘edible oil’ would be classifiable under Heading 1513 in Section III-Chapter 15 of the First Schedule to the Central Excise Tariff Act, 1985, unless the packaging thereof satisfies all the requirements set out in Chapter Note 3

Transfer Of Property Act

Naeem Bano Alias Gaindo vs Mohammad Rahees 2024 INSC 1000 - Art. 254 Constitution - S 106 TP Act

Constitution of India - Article 254 ; Transfer of Property Act 1882 - Section 106 -When any subject is within the scope and ambit of the concurrent list, both the Parliament as well as the State Legislature have the legislative competence to make laws on the said subject- Legislature of State

Bihar and Orissa Public Demands Recovery Act

Pawapuri Rice Mills Bihar State Food And Civil Supplies Corporation Ltd. 2024 INSC 999- Bihar and Orissa Public Demands Recovery Act

Bihar and Orissa Public Demands Recovery Act, 1914 - Section 3(6) - The unaccounted deposit of rice at the depots of FCI certainly comes within the fold of public demand of the state government under section 3(6) of the Act. Therefore, the proceedings under the Act are maintainable

Environmental Law

In Re: T.N. Godavarman Thirumulpad Vs UNION OF INDIA 2024 INSC 997 - Environment - Protection Of Sacred Groves/Orans

Environmental Law - Protection of the sacred groves/orans of the Rajasthan- directions issued- suggestions to promote the sustainable conservation of sacred groves and empower the communities associated with their protection. In Re T.N. Godavarman Thirumulpad Vs UNION OF INDIA 2024 INSC 997In Re T.N. Godavarman Thirumulpad Vs

Motor Accident Compensation

Geeta Dubey vs United India Insurance Co. Ltd. 2024 INSC 998 - Motor Accident Compensation Claims - S 173 MV Act

Motor Accident Compensation Claims - In claim cases, in case the accident is disputed or the involvement of the vehicle concerned is put in issue, the claimant is only expected to prove the same on a preponderance of probability and not beyond reasonable doubt. (Para 20) Motor Vehicles Act-Section 173-

Code Of Civil Procedure

Jaichand (D) vs Sahnulal 2024 INSC 996 - S 100 CPC - Second Appeal - Substantial Question Of Law

Code Of Civil Procedure 1908 - Section 100- In the Second Appeal, the High Court should be satisfied that the case involves a substantial question of law and not mere question of law. Under Section 100, C.P.C., the High Court cannot interfere with the findings of fact arrived

Companies Act 2013

Jyoti Limited Vs BSE Limited 2024 INSC 992- S 62 Companies Act - S 9 SARFAESI Act - Listing Of Equity Shares

Companies Act, 2013 - Section 62 ; SARFAESI Act- Section 9- The appellant-Jyoti Limited applied for listing of certain equity shares to the Bombay Stock Exchange1 but the application to that effect was not accepted for the reason that the appellant had not taken in principle approval from the Stock Exchange

Land Laws

State Of Uttar Pradesh Vs Suresh Chandra Tewari 2024 INSC 989 - UP Imposition of Ceiling on Land Holdings Act

Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 - Allowing appeal in a matter involving issuance of notice by prescribed Authority, SC observed: Once the entire objection regarding the family settlement, etc. were rejected not only by all the authorities, but also by the High Court and then

Pleadings

Deepti Sharma Vs State Of Uttar Pradesh 2024 INSC 991 - Pleadings- Synopsis

Pleadings- Appellant filed a synopsis running into 128 pages- SC observed: We understand that the appellant is not a trained lawyer, but it is for the Registry to have asked the appellant to trim down the synopsis. A synopsis cannot run into 128 pages!. Let the Registrar (Judicial) take note

UAPA

Athar Parwez vs Union Of India 2024 INSC 995 - UAPA- Bail - Long Incarceration

Constitution of India - Article 21 - Long incarceration and unlikely likelihood of trial being completed in near future has also been taken as a ground for exercising its constitutional role by the Constitutional Courts to grant bail on violation of Article 21 of the Constitution of India which guarantees

Consumer Protection Act

Rajesh Kumar National Insurance Co. Ltd. 2024 INSC 993- S 21 Consumer Protection Act - Revisional Jurisdiction

Consumer Protection Act, 1986 - Section 21(b) - National Commission could not have interfered with pure finding of fact arrived at by the District and State Commissions while exercising revisional jurisdiction. (Para 13)- the conditions laid down in Section 21(b) are the only parameters under which a

Bail

Ayub Khan vs State of Rajasthan 2024 INSC 994 - Bail - Antecedent Chart - Adverse Remarks Against Judicial Officers

Code of Criminal Procedure 1973 - Bail - Directions issued by Rajasthan High Court in Jugal Kishore vs. State of Rajasthan (2020) 4 RLW 3386 to the Trial Courts to incorporate a chart containing details of the antecedents of the accused who applies for bail- These directions cannot be construed

Unauthorised Constructions

Rajendra Kumar Barjatya Vs U.P. Avas Evam Vikas Parishad 2024 INSC 990 - Unauthorized Constructions

Unauthorized Constructions - Illegallityy of unauthorized construction cannot be perpetuated. If the construction is made in contravention of the Acts / Rules, it would be construed as illegal and unauthorized construction, which has to be necessarily demolished. It cannot be legitimized or protected solely under the ruse of the passage of

Arbitration and Conciliation Act 1996

North Delhi Municipal Corporation vs S.A. Builders Ltd. 2024 INSC 988 - S 31,33 Arbitration Act - Post Award Interest

Arbitration and Conciliation Act 1996 - Section 31(7) - Post-award interest can be granted by an arbitrator on the interest amount awarded- The includes the principal as adjudged together with the interest granted.[Referred to Hyder Consulting (UK) Ltd. Vs. Governor, State of Orissa (2015) 2 SCC 189] (Para

Death Penalty

Sambhubhai Raisangbhai Padhiyar vs State Of Gujarat 2024 INSC 987 - Death Sentence Commuted - S 106 Evidence Act - S 53A CrPC - Ss 29,30 POCSO

Indian Evidence Act 1872 - Section 106 -If the accused is last seen with the deceased and particularly in a case of this nature when the time gap between the last seen stage and occurrence of death is so short, the accused must offer a plausible explanation as to how

National Investigation Agency Act

Ankush Vipan Kapoor vs National Investigation Agency 2024 INSC 986 - NIA Act

❓Whether, the expression “the accused” in Section 8 of the NIA Act has to refer to only the accused in respect of whom a Scheduled Offence is being investigated or it could include any other accused whose name would emerge during the course of investigation of a Scheduled Offence and

Constitutional Law

Municipal Corporation Of Greater Mumbai Vs Vivek V. Gawde 2024 INSC 985 - Art. 226.227 Constitution - Civil Court Order - Writ Petition

Constitution of India - Article 226 - Orders passed by a civil court cannot be challenged in a writ petition under Article 226 of the Constitution. (Para 14) Constitution of India - Article 227 - A mere wrong decision is not enough to attract the jurisdiction of the High Court

Indian Penal Code

Dechamma I.M. @ Dechamma Koushik State Of Karnataka 2024 INSC 972- S 498A IPC- Girl Friend - Relative

💡Whether the girlfriend or a woman with whom a man has had romantic or sexual relations outside of marriage would be a “relative of the husband” for the purposes of prosecution under Section 498A of IPC? Indian Penal Code 1860 - Section 498A - A girlfriend or even a woman

Consumer Protection Act

Indore Development Authority vs Hemant Mandovra 2024 INSC 983 - Final Relief In Interlocutory Application

Summary: NCDRC confirmed the interim order granted by State Commission the appellant to handover possession of the plot in question to the respondent within three weeks from the date the amount is paid along with interest to the Indore Development Authority- Allowing appeal, SC observed: Final relief could not have

Criminal

Shubra P Kandpal vs State Of Uttarakhand 2024 INSC 982 - FIRs Quashed

Summary: Quashing FIRs, SC observed: We find that this is a fit case wherein, in order to give an end to the criminal proceedings between the parties, who are employees of an educational institution, the proceedings can be quashed by this Court by invoking its powers under Article 142 of

Education

Irfan Akbani vs State Of Madhya Pradesh 2024 INSC 981 - Admission - BDS Course

Summary: Regulatory Authority cancelled admission of the appellants was affirmed by the Appellate Authority - HC passed interim order permitting them to continue - Writ petition was dismissed - Allowing appeal, SC observed: The principle of negative equality would not be applicable while considering the grant of relief under Article

Land Acquisition Act 1894

R. Manohara Murthy vs Assistant Commissioner And Land Acquisition Officer 2024 INSC 977 - Land Acquisition

Summary: The Reference court redetermined the market value at the rate of Rs. 35,000/- per acre- The High Court allowed the first appeal by redetermining the compensation at the rate of Rs 66,000/- per acre - Allowing appeal, SC held that the appellant would be entitled

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Om Prakash Yadav Vs Niranjan Kumar Upadhyay 2024 INSC 979- S 197 CrPC - Sanction

Code of Criminal Procedure 1973 - Section 197- When a police official is said to have lodged a false case, he cannot claim that sanction for prosecution under Section 197 CrPC was required since it can be no part of the official duty of a public official to lodge a