2024 INSC December

A collection of 125 posts

NDPS Act

Bharti Arora vs State Of Haryana 2024 INSC 976- Ss 36A, 58,69 NDPS Act

Narcotic Drugs and Psychotropic Substances Act 1985 -Section 36-A(5), 58 - For convicting a person under Section 58 of the NDPS Act, he/she must be tried summarily- Special Judge could not have conducted the proceedings against the present appellant for the offence punishable under Section 58 of the

Bail

Partha Chatterjee vs Directorate Of Enforcement 2024 INSC 975- Bail - Official Status Of Accused

Bail - An accused person’s official status should not be grounds for denying bail, it also cannot constitute a special consideration to grant bail if otherwise no case is made out to provide such relief. Official positions, regardless of their stature, lose their relevance for the purpose of exercising

Criminal Trial

George vs State Of Tamil Nadu 2024 INSC 974 - Criminal Trial - Interested Witness

Criminal Trial - A conviction could be based on the sole testimony of a witness.- The principle that falsus in uno, falsus in omnibus is not applicable in Indian criminal jurisprudence. (Para 11)- Merely because a witness is an interested witness, it cannot be a ground to discard

Arbitration and Conciliation Act 1996

Tarun Dhameja Vs Sunil Dhameja 2024 INSC 973 - Arbitration Clause Interpretation

Arbitration and Conciliation Act 1996 - An Arbitration clause states that if any dispute arises, the arbitration shall be optional and the Arbitrator will be appointed by the partners with their mutual consent - This means that the arbitration clause can be invoked by an aggrieved party who wants to

Land Revenue (Disposal of Government Land) Rules

Proposed Vaibhav Cooperative Housing Society Limited vs State Of Maharashtra 2024 INSC 971 - Land Allotment

Land Revenue (Disposal of Government Land) Rules, Maharashtra, 1971- Land is a precious material resource of the community and therefore the least which is required from the State is transparency in its distribution. [In this case, the court held that there has been a complete arbitrariness in the allotment in

Code Of Civil Procedure

Navratan Lal Sharma vs Radha Mohan Sharma 2024 INSC 970 - Order XXIII Rule 3,3A CPC - Recall Application

Code Of Civil Procedure - Order XXIII Rule 3 & 3A - Only the court that entertains the petition of compromise can determine its legality, at the time of recording the compromise or when it is questioned by way of a recall application. No other remedy is available to the

Bail

Mendar Singh @ Vijay Singh vs State Of Bihar 2024 INSC 969

Code Of Criminal Procedure - Cancellation of Bail - When there was not even an allegation by the Investigating Agency that the accused has violated any of the conditions which were imposed while granting bail or that he was misusing the liberty granted to him, it was not correct to

Preventive Detention

Arjun Ratan Gaikwad State Of Maharashtra 2024 INSC 968 - Preventive Detention - Public Order & Law & Order

Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug- Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black-Marketing of Essential Commodities Act, 1981- Distinction between a public order and law and order- Every breach of peace does not lead to public disorder. When a person can be

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Gurmeet Kaur vs Devender Gupta 2024 INSC 967 - S 197 CrPC - Sanction

Code of Criminal Procedure 1973 - Section 197- HC dismissed petition seeking quashing of complaint filed against a public servant - Allowing appeal, SC observed: When there was no prior order of sanction passed under Section 197 of the CrPC, the initiation of the complaint itself, is non est. Code

Arbitration and Conciliation Act 1996

Dushyant Janbandhu Vs Hyundai Autoever India Pvt. Ltd. 2024 INSC 966 - S 11(6) Arbitration Act

Arbitration and Conciliation Act 1996 - Section 11(6) -Disputes related to non-payment of wages and legality and propriety of termination that were anyway pending before the statutory authorities are non-arbitrable. (Para 17) Summary- HC allowed a petition filed under Section 11(6) - Allowing appeal, SC observed Section 11(

Transfer Of Property Act

Naresh Kumari vs Chameli 2024 INSC 965 - S 127 TP Act - Gift

Transfer of Property Act 1882 - Section 127- Although Section 127 of TPA permits an onerous gift but a gift which is conditioned upon perpetual rendering of services without any remuneration would amount to a “begar” or forced labour, even slavery and therefore it is not just wrong or illegal

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

PND Prasad vs Billa Satish 2024 INSC 964 - CrPC - Reinvestigation & Continuation Of Investigation

Code of Criminal Procedure 1973 - Metropolitan Magistrate, in an order observed: “the investigating agency is directed to reconsider the case and to ascertain the true facts”- HC set aside this order observing that Trial Court could not have directed for a reinvestigation of the matter; that no such

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Akanksha Arora vs Tanay Maben 2024 INSC 962- Ss 482, 397 CrPC - Criminal Revision

Code of Criminal Procedure 1973 - Section 482,397 - Availability of alternative remedy of criminal revision under Section 397 CrPC, by itself, cannot be a good ground to dismiss an application under Section 482 CrPC- nomenclature of a petition is immaterial and for doing substantive justice, the High Court

Motor Accident Compensation

Baby Sakshi Greola vs Manzoor Ahmad Simon 2024 INSC 963 - Motor Accident Compensation

Motor Accident Compensation Claims- Courts or tribunals assessing compensation in a case of 100% disability, especially where there is mental disability also, should take a liberal view of the mater when awarding compensation- While awarding this amount, courts are not only taking into account physical disability but also mental disability

Matrimonial

Parvin Kumar Jain Vs Anju Jain 2024 INSC 961 -Article 142 Constitution- Irretrievable Breakdown Of Marriage - Permanent Maintenance

Constitution of India - Article 142 -A marriage can be dissolved by this Court on the ground of irretrievable breakdown when the relationship is so strained that the marriage has succumbed to the long standing differences between the parties and it has become impossible to save such a relationship. When

Section 306 IPC

Jayedeepsinh Pravinsinh Chavda Vs State Of Gujarat 2024 INSC 960 - S 306,498A IPC - Harassment- Abetment Of Suicide

Indian Penal Code 1860 - Section 306 - Mere harassment, by itself, is not sufficient to find an accused guilty of abetting suicide. The prosecution must demonstrate an active or direct action by the accused that led the deceased to take his/her own life. The element of mens rea

Chandigarh Lease Hold of Sites and Building Rules

Chandigarh Administrator vs Manjit Kumar Gulati 2024 INSC 959 - Chandigarh Lease Hold of Sites and Building Rules

Summary: High Court quashed order of resumption of the plot - Allowing appeal, SC observed: ere was no document whatsoever produced by the said alleged tenant to show that it was the tenant of the original allottees - Manjit Kumar Gulati and Ors. When the original allottees themselves had failed

Article 32 Constitution

Ajay Kumar Jain vs State Of Uttar Pradesh 2024 INSC 958 - Writ Petition - Miscellaneous Application

Constitution of India - Article 32 and 226 -No miscellaneous application is maintainable in a writ petition to revive proceedings in respect of subsequent events- When proceedings stand terminated by final disposal of the writ petition be it under Article 32 of the Constitution or Article 226 of the Constitution

Contempt Of Court

Chaduranga Kanthraj Urs Vs P. Ravi Kumar 2024 INSC 957- Contempt Of Court Act

Contempt of Courts Acts 1971 - In order to punish a contemnor, it has to be established that disobedience of the order is ‘wilful’. It means knowingly-intentional, conscious, calculated and deliberate with full knowledge of consequences flowing therefrom. It would exclude casual, accidental, bonafide or unintentional acts or genuine inability

Code Of Civil Procedure

Jayanandan vs Suresh Kumar 2024 INSC 956 - Amendment Of Written Statement

Summary: Allowing appeal, SC observed: A decree granted by the Trial Court could not have been set aside merely because there was an amendment to the Written Statement made by the first defendant and in the absence of any evidence being let in support of the claim made- any averment

Public Appointments

State Of Odisha vs Dilip Kumar Mohapatra 2024 INSC 954 - Public Appointments - Article 14 Constitution

Public appointments - Even if in some cases appointments have been made by mistake, or wrongly, that does not confer any right on another person.(Para 20) Constitution of India -Article 14- Article 14 does not envisage negative equality, and if the State committed the mistake, it cannot be forced

Coal Bearing Areas (Acquisition and Development) Act

State Of UP vs Northern Coal Fields 2024 INSC 948 -Coal Bearing Areas (Acquisition and Development) Act

Coal Bearing Areas (Acquisition and Development) Act, 1957- Sections 10,11 - The rights conferred under sub-section (2) of Section 10 are limited in nature as compared to sub-section (1) and such a distinction must be appreciated when determining the nature of acquisition by the Central Government. It must be

Section 498A IPC

Dara Lakshmi Narayana Vs State Of Telangana 2024 INSC 953- 498A IPC - Misuse

Indian Penal Code 1860 - Section 498A - The inclusion of Section 498A of the IPC by way of an amendment was intended to curb cruelty inflicted on a woman by her husband and his family, ensuring swift intervention by the State- Growing tendency to misuse provisions like Section 498A

Indian Evidence Act 1872 : Bharatiya Sakshya Adhiniyam 2023

Nusrat Parween vs State Of Jharkhand 2024 INSC 955 - S 106 Evidence Act - Murder Case

Indian Evidence Act 1872 - Section 106 - In cases based on circumstantial evidence, the accused's failure to provide a reasonable explanation as required under Section 106 of the Evidence Act can serve as an additional link in the chain of circumstantial evidence - but only if the

Land Acquisition Act 1894

Banwari vs Haryana State Industrial And Infrastructure Development Corporation Limited 2024 INSC 951 - S 28A Land Acquisition Act

Land Acquisition Act 1894 -Section 28A - The conditions which are required to be satisfied for invoking the provisions of Section 28-A(1): (i) An award has been made by the Court under Part III of the Act after coming into force of Section 28-A; (ii) By the said Award,