Justice Joymalya Bagchi - CaseCiter

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Justice Joymalya Bagchi

A collection of 8 posts

Indian Contract Act

West Bengal State Electricity Distribution Co. Ltd. v. Adhunik Power & Natural Resource Ltd. 2026 INSC 202 - Contract Law

Read Judgment In LawLens Indian Evidence Act 1872 - Section 92,94 -Ordinarily, when a contract is reduced to writing, its terms must be determined from the document itself. However, this rule does not put an embargo on looking into such facts which (i) establish a link between terms of

Insolvency and Bankruptcy Code

Power Trust v. Bhuvan Madan 2026 INSC 166 -IBC - Financial Creditor - CIRP

IBC- Initiation of CIRP by financial creditor and an operational creditor - Distinction and scope.

Indian Contract Act

Vijaya Bank vs Prashant B Narnaware 2025 INSC 691 - Employment Contract - Restrictive Covenant

Employment Contracts - Restrictive covenant prescribing a minimum term cannot be said to be unconscionable, unfair or unreasonable and thereby in contravention of public policy. [Context: SC held that the restrictive covenant in clause 11(k) of the appointment letter issued by Vijaya Bank does not amount to restraint of

Umashankar Yadav vs State of Uttar Pradesh 2025 INSC 653 - Ss.195,482 CrPC - Ss. 186,353 IPC

Code of Criminal Procedure 1973 - Section 2(d), 195 - As per explanation in definition clause, a police report disclosing a non-cognizable offence shall be deemed to be a complaint and the police officer shall be deemed to be the complainant. Even then, the legal embargo under section 195

Constitutional Law

K. Valarmathi vs. Kumaresan 2025 INSC 606 - Art. 227 Constitution - Rejection Of Plaint

❓Can the High Court in exercise of its supervisory jurisdiction under Article 227 reject a plaint? Constitution of India - Article 227 ; Code of Civil Procedure 1908 - Order VII Rule 11 - Can the High Court in exercise of its supervisory jurisdiction under Article 227 reject a plaint? SC

Renuka vs State of Karnataka 2025 INSC 596- S. 498A IPC - S. 482 CrPC - Inconsistent Decisions

Indian Penal Code 1860 - Section 498A - Offences involving cruelty on wife would invariably arise out of matrimonial disputes. Accordingly, pendency of matrimonial proceeding between the parties cannot per se lead to an inference that institution of criminal proceeding alleging assault supported by medical evidence and independent witness is

Raju Naryana Swamy vs State of Kerala 2025 INSC 563 - Service Law - Promotion - ACRs

Service Law - Promotion - Impact of prior entries in ACRs on promotion- Adverse remarks of an officer for the entire period of service can be taken into consideration while promoting an officer or while passing an order of compulsory retirement. But the weight which must be attached to the

Manish vs State of Maharashtra 2025 INSC 430 - S. 415 IPC - Dishonest Intention - Breach Of Promise To Repay

Indian Penal Code 1860 - Section 415- Mere breach of promise to repay per se does not infer dishonest intention (Para 17) -Failure to pay due to unfortunate business losses cannot be clothed with culpability and the process of criminal law utilized to recover outstanding dues (Para 19) - In