SC Orders - CaseCiter

Rajani Manohar Kuntha v. Parshuram Chunilal Kanojiya - Tenancy Law

Tenancy law - Tenant cannot dictate the landlord regarding suitability of the accommodation and to start the business therein. (Para 5) Case Info Case: Case Details * Case name: Rajani Manohar Kuntha & Ors. v. Parshuram Chunilal Kanojiya & Ors. * Neutral citation: Not provided in the order. The appeal arises out

Limitation Act

Jyotsna Kanoongo v. Shailendra Kanoongo - Limitation - Condonation of Delay - Service Of Notice

Limitation Act 1963- Section 5 - While considering the cause for delay, it is the sufficient cause which would be of paramount consideration. Neither the length of delay nor the number of days of delay would be relevant. If the cause shown is sufficient, the delay irrespective of length, ought

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Vinay Paswan vs State of Bihar - 2025.S.156(3) CrPC - Quashing FIR

Code of Criminal Procedure 1973 - Section 154,156(3) - FIR was registered on the basis of an order passed by the magistrate concerned on an application under Section 156(3) CrPC which was not supported by an affidavit, no FIR ought to have been registered - Quashing of

Bail

Rekha K.C. v. Jyothibai - Bail - Murder Case - Woman Accused

Bail - Murder Case - While setting aside bail granted to a murder accused, SC observed: Merely because the accused is a lady, who is about forty one years of age and was in custody for about eleven months, the relief of bail has been granted which is not correct-

Municipal Laws

Ranchi Municipal Corporation vs Suresh Tirkey - Jharkhand Municipal Act

Jharkhand Municipal Act, 2011 - Encroachment or obstruction could be on any municipal property and, only by way of an elucidation, the provision mentioned: ‘such as a street or footpath or park’. The mere fact that these three words were mentioned did not mean that other municipal properties were not

Constitutional Law

United Voice for Education Forum v. Union of India - Art.32 - Writ Petition Against SC Judgment - Right To Education - Minority Institutions

Constitution of India - Article 32 - As against the judgment of the Supreme Court, no writ petition is maintainable. This is the grossest abuse of the process of law and of this Court. [Context: Supreme Court dismissed writ petition seeking declaration that the exemption of minority educational institutions from

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Juvenile In Conflict With Law Aa vs State Of Rajasthan - Second Bail Application - Detention Period Ground

💡Can an accused file a second bail application? Code of Criminal Procedure 1973 - Bail - There is no embargo on filing a second bail application. No doubt, a second bail prayer may have to be considered on new grounds. But, in the context of bail, period of detention may,

Legal Services Authorities Act

Dilip Mehta v. Rakesh Gupta - Lok Adalat Award - Writ Petition - Execution Proceedings

Constitution of India - Article 226 ; Legal Services Authorities Act, 1987- High Court dismissed the writ petition challenging Lok Adalat decree on the ground that petitioner had already filed objections before the Executing Court - Allowing appeal, SC held: Once the decree which is sought to be executed is one

POCSO Act

Suraj V Sukumar @ Suraj Palakaran vs State of Kerala - S.23 POCSO Act - Criminal Proceedings Quashed

POCSO Act- Section 23 - In this case, the accused-appellant uploaded a news on his YouTube Channel where the pictures of the father of the child and their relatives appeared. This led to the disclosure of the identity of the victim child - Case was registered under Sections 23 and

Rights of Persons with Disabilities Act

Sathyan Naravoor v. Union of India - Persons With Disabilities - Undertrials & Convicts

Rights of Persons with Disabilities Act, 2016 - PIL seeking directions for providing appropriate legal framework and facilities to persons with disabilities1 who are undergoing incarceration in the prisons either as undertrials or convicts- Directions issued: A. The directions issued by this Court in . Muruganantham v. State of Tamil Nadu

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Sanjay Kumar Gupta v. State of U.P.- Quashing Petition - Anticipatory Bail

Code of Criminal Procedure 1973 - Section 482 - Constitution of India - Article 226 -To grant the relief of pre-arrest bail in a criminal writ petition while refusing to exercise jurisdiction to quash the proceedings is totally unacceptable and impermissible. (Para 7) Case Info Key Details * Case name: Sanjay

Miscellaneous

Tamilaga Vettri Kazhagam v. Election Commission of India - SIR - BLO Hardships - Directions issued

SIR - BLOs - The employees, who have been deployed by the State Governments/State Election Commission at the disposal of the Election Commission of India for the purpose of performing statutory duties, including for SIR, are obligated to perform such duties. In case they are facing hardships, including being

Motor Accident Compensation

Risa v. Manager, United India Insurance Co. Ltd. - Motor Accident Compensation - Maharashtra Court Fees Act

Motor Accident Compensation - Filing an appeal by the claimant seeking enhancement of compensation in a motor accident case, in the High Court of Punjab and Haryana the court fee payable is 5.25 only. As far as Delhi High ₹ Court is concerned again the court fee is not ad

Child Custody

Poonam Wadhwa v. Ajay Wadhwa - Child Custody- Work From Home Parent

Child Custody - Dismissing an appeal filed by a mother, SC observed: When both parents are working parents and, therefore, it is expected that they cannot always be physically with their children. But this cannot be a ground to place the custody of the child with the one who may

Constitutional Law

State of Kerala & Ors. v. T. Muhammed Faisi - Art.21A -Right To Education - Transportation Facilities

Constitution of India - Article 21A ; Right of Children to Free and Compulsory Education Act, 2009 - Supreme Court upheld the Kerala HC Full Bench judgment [Manager, Aysha L.P. School, Chedikulam v. State of Kerala] which held the Government Order dated 09.06.2017, which asserted that ‘providing transportation

Practice and Procedure

Deputy Commissioner of Income Tax v. Maxis International Sdn Bhd - SLP Filing After Dismissal Of Similar SLPs

Practice and Procedure - Department is continuously filing Special Leave Petitions such as the present one despite the orders passed earlier by this Court dismissing similar Special Leave Petitions following the decision of this Court in Engineering Analysis Centre of Excellence Private Limited vs. Commissioner of Income Tax - SC

Miscellaneous

Buddhist Personal Law Action Committee v. Union of India - Constitutional Validity Of Statutes - Law Commission of India

Law Commission of India - Law Commission of India is one of the premier non-statutory institutions of this country ordinarily headed by a former Judge of Supreme Court or a former Chief Justice of the High Court. The primary responsibility assigned to the Law Commission is to provide its expert

NDPS Act

Moh. Kamil Patel v. State of Chhattisgarh - S.32B NDPS Act - Driving Without Licence

NDPS Act - Section 32B - Driving a vehicle without a license may be a ground to punish the driver for an offence under the M.V. Act, but that by itself would not be a ground to believe that the offender is involved in other illegal activities facilitating or

Motor Accident Compensation

Sebati Nath v. Shriram General Insurance Co. Ltd. -Motor Accident Compensation - Assessment of Deceased's income

Motor Accident Compensation - Assessment of Deceased's income -In the absence of documentary evidence on record, some guesswork is required to be done - the strict rules of evidence used in criminal trials do not apply. Case Info Key Details * Case Name: Sebati Nath & Ors. v. Shriram

Motor Accident Compensation

Rajendra Chakrawarti v. Dinesh Kumar Yadav - Motor Accident Compensation - Mason

Motor Accident Compensation - In professions such as masonry, wherein there can be no guarantee of fixed amount of work or, for that matter, documented payments, the Courts and Tribunals must be careful in determining income, maintaining a judicious balance in taking an amount which is fair to the claimant,

Code Of Civil Procedure

S. Kalaimamani vs DS.S. Sudhakaran - Art. 227 Constitution- CPC Remedy

Constitution of India - Article 227 ; Code of Civil Procedure 1908 - Section 96-When an appeal could have been filed before the High Court under Section 96 CPC, the High Court ought not to have exercised its supervisory jurisdiction under Article 227 of the Constitution of India- Where a remedy

Civil Suit

Devan Gope @ Devnandan Yadav vs Pavitri Devi - Partition Suit

Partition Suit - When there is a partition in fact, there cannot be any decree for a fresh partition. (Para 6) Case Info * Case name: Devan Gope @ Devnandan Yadav & Ors. v. Pavitri Devi & Ors. * Neutral citation: Not provided on the page. * Coram: Justice M.M. Sundresh; Justice Satish

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

S. Ramakrishnan v. Revenue Divisional Officer - CrPC/BNSS - Suspension Of Life Imprisonment Sentence

Code of Criminal Procedure 1973 - Section 389 :: Bharatiya Nagarik Suraksha Sanhita 2023 - Section 430- When the Court is called upon to consider the plea for suspension of a substantive order of life imprisonment, the considerations are different. In cases of fixed sentence, the Appellate Court may consider the

Negotiable Instruments Act

Virender Singh Dongwal v. Manju Aggarwal - S.138 NI Act - Quasi - Criminal

Negotiable Instruments Act - Section 138 - The offence under Section 138 of the NI Act is quasi-criminal in nature and is explicitly made compoundable under Section 147 of the Act. The legislative intent is to ensure the payment of money and promote the credibility of cheques- Referred to modified

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Ranimol vs State of Kerala - CrPC/BNSS - Second Complaint After Negative Report

Code of Criminal Procedure 1973 - Section 200 - In this case, a detailed investigation has been conducted, and a negative report has been filed. Informant has not challenged the said negative report- SC held: By merely adding an offence for the same occurrence, and by the same informant, a