Two Judges Bench

A collection of 97 posts

Indian Penal Code

Mahesh Damu Khare Vs State Of Maharashtra 2024 INSC 897 - S 376 IPC - Rape - Promise To Marry

Indian Penal Code 1860 - Section 375.376,90- The longer the duration of the physical relationship between the partners without protest and insistence by the female partner for marriage would be indicative of a consensual relationship rather than a relationship based on false promise of marriage by the male

Land Acquisition Act 1894

Kali Charan vs State Of U.P. 2024 INSC 898- Land Acquisition- Yamuna Expressway

Land Acquisition -Appeals before SC raised this issue: Whether the present acquisition is part of the integrated development plan of the ‘Yamuna Expressway’ undertaken by YEIDA? SC Held: The present acquisition forms part of the integrated development plan for the Yamuna Expressway initiated by YEIDA. As observed in the case

Indian Penal Code

Payal Sharma vs State of Punjab 2024 INSC 896 - S 498A IPC - S 482 CrPC

Code of Criminal Procedure 1973 - Section 482 -Indian Penal Code 1860 - Section 498A - Court has duty to consider the contentions that there is lack of specific allegations against the accused concerned to constitute the offence(s) alleged against a relative or that the implication was nothing but

Specific Relief Act

Manjit Singh Vs Darshana Devi - 2024 INSC 895 - S. 19(b) Specific Relief Act - Good Faith

Specific Relief Act 1963 - Section 19(b) - Section 19 (b) is an exception from the general rule and the onus is on the subsequent purchaser to prove that he purchased the property in good faith and also bona fide purchaser for value- In order to come to a

Constitutional Law

State Of Andhra Pradesh Vs Dr. Rao, V.B.J. Chelikani 2024 INSC 894 - Land Allotment - Constructive Res Judicata

Land Allotment - Writ Petitions challenged the allotment of land parcels, vide several State Government Memoranda, within the Greater Hyderabad Municipal Corporation limits. The land was allocated to Cooperative Societies composed of members of various groups, including Members of Parliament , Members of both houses of the State Legislature, officers of

Constitutional Law

Dr Balram Singh vs Union Of India 2024 INSC 893 - Preamble - Socialist & Secular Insertion

Constitution of India - Preamble - Dismissed writ petitions seeking to challenge the insertion of the words ‘socialist’ and ‘secular’ in the Preamble to the Constitution of India by the Constitution (Forty-second Amendment) Act in 1976 -Secularism -The expression secularism in the Indian context is a term of the widest

Indian Penal Code

Didde Srinivas vs State SHO, Podduru Police Station 2024 INSC 892

Indian Penal Code 1860 - Section 451 -Even an intention to commit an offence punishable with imprisonment’ coupled with house-trespass would constitute the offence punishable under Section 451, IPC. (Para 5) Read Judgment In LawLens

Limitation Act

Rajneesh Kumar Vs Ved Prakash 2024 INSC 891 - Limitation Act -Delay Condonation - Negligence Of Lawyer

Limitation Act 1963 - Section 5 -Tendency on the part of the litigants to blame their lawyers of negligence and carelessness in attending the proceedings before the court - Even if we assume for a moment that the concerned lawyer was careless or negligent, this, by itself, cannot be a

Registration Act

State Of Punjab Vs Ferrous Alloy Forgings P Ltd 2024 INSC 890 - Registration Act - Article 226 Constitution - Alternate Remedy

Indian Registration Act - Section 17, 89 -A sale certificate issued to the purchaser in pursuance of the confirmation of an auction sale is merely evidence of such title and does not require registration under Section 17(1) of the Registration Act. It is not the issuance of the sale

Arbitration and Conciliation Act 1996

Ajay Protech Pvt. Ltd. vs General Manager 2024 INSC 889 - Arbitration Act

Arbitration and Conciliation Act 1996 - Section 29A- an application for extension can be filed either before or after the termination of the Tribunal’s mandate upon expiry of the statutory and extendable period.- Referred to Rohan Builders (India) Pvt. Ltd. v. Berger Paints India Ltd- The meaning of

Practice and Procedure

Sonu Agnihotri Vs Chandra Shekhar 2024 INSC 888 - Personal Criticism Of Judges In Judgments

Practice and Procedure - Personal criticism of Judges or recording findings on the conduct of Judges in judgments must be avoided- The superior courts exercising such powers can set aside erroneous orders and expunge uncalled and unwarranted observations. While doing so, the superior courts can legitimately criticise the orders passed

Indian Evidence Act 1872 : Bharatiya Sakshya Adhiniyam 2023

Randeep Singh @ Rana Vs State Of Haryana 2024 INSC 887 - Ss 25-27 Evidence Act

Indian Evidence Act 1872 - Section 25-27 - There is a complete prohibition on even proving such confessions made by the accused to a police officer while in custody- Such confessions are not admissible in the evidence except to the extent to which Section 27 is applicable. If such inadmissible

Motor Accident Compensation

K.S. Muralidhar Vs Subbulakshmi 2024 INSC 886 - Motor Accident Compensation - Pain & Suffering

Motor Accident Compensation - Pain and Suffering - The concept of just compensation rests on the principle of restitutio ad integrum which means restoration to the original condition, as far as possible, taking the person to whom damages are awarded, to a position as if the incident or in this

Marumakkathayam law

Ramachandran Vs Vijayan 2024 INSC 885 - Marumakkathayam Law - Partition

Marumakkathayam law- whether a female who, at the time of partition did not have any heirs, retains such property as her own or as tharwad property ? - SC Upheld the minority view taken in Mary Cheriyan v. Bhargavi Pillai Bhasura Devi 1967 SCC OnLine Ker 68 : If at the time

Specific Relief Act

R. Kandasamy (D) vs T.R.K. Sarawathy 2024 INSC 884 - Specific Performance Suit

Specific Relief Act 1963 - Specific Performance Suit - In a fact scenario where the vendor unilaterally cancels an agreement for sale, the vendee who is seeking specific performance of such agreement ought to seek declaratory relief to the effect that the cancellation is bad and not binding on the

Hindu Succession Act

Kallakuri Pattabhiramaswamy (D) Vs Kallakuri Kamaraju 2024 INSC 883 - S 14 HSA

Hindu Succession Act 1956 - Section 14 - Property given in lieu of maintenance would solidify into absolute ownership by action of Section 14(1) of HSA, 1956. In other words, the right of maintenance on its own is apposite for such property to transfer into her sole, unquestionable, and

Consolidation of Holdings Act

Shambhu Chauhan Vs Ram Kirpal @ Chirkut 2024 INSC 882 - Consolidation of Holdings Act - Article 226 Constitution

Consolidation of Holdings Act, 1953 - Section 48 -Deputy Director of Consolidation, being a Revisional Authority, had jurisdiction to interfere with the finding on facts of the subordinate authority only when the said findings are perverse or not supported by any evidence on record or contrary to law. (Para 7-10)

CENVAT Rules

Bharti Airtel Ltd. vs The Commissioner Of Central Excise, Pune 2024 INSC 880 - CENVAT Rules - Mobile Towers

CENVAT Rules - Rule 2(k) - The mobile tower and pre-fabricated buildings (PFBs) are “goods” and not immovable property - As these goods are used for providing mobile telecommunication services, they would also qualify as “inputs” under Rule 2(k) for the purpose of credit benefits under the CENVAT

Indian Penal Code

Prashant Vs State Of NCT Of Delhi 2024 INSC 879 - S 376 IPC - Rape By Promise To Marriage

Indian Penal Code 1860 - Section 376 - A mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings- What was a consensual relationship between the parties at the initial stages cannot be given a colour of criminality when the said relationship does not

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

MR Ajayan Vs State Of Kerala 2024 INSC 881 - S 195 CrPC - Article 136 Constitution

Code Of Criminal Procedure 1973 - Section 195 - The protection intended by the section against a private person filing a frivolous complaint is taken care of when the High Court finds that the matter was required to be gone into in public interest. Such direction cannot be rendered futile

Family Law

Benudhar Naik Vs Prabasini @ Tuni Naik - Permanent Alimony - Irretrievable Breakdown Of Marriage

Constitution of India - Article 142 - The prolonged separation and the severity of the allegations are evidence of the fact that the marriage between the parties has completely broken down- Supreme Court has the discretionary power under Article 142(1) of the Constitution of India to dissolve a marriage

Indian Penal Code

Sunny @ Santosh Dharmu Bhosale Vs State Of Maharashtra 2024 INSC 878 - Ss 302,304 IPC

Indian Penal Code 1860 - Section 302 -304 - Partly allowing appeal filed by accused, SC observed: Medical evidence would show that the injuries caused are with the bamboo stick, which is commonly available in a village. The possibility of the deceased following the appellant and an altercation taking place

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Siddique vs State Of Kerala 2024 INSC 877 - Anticipatory Bail

Code of Criminal Procedure 1973 - Section 438 - Anticipatory Bail Granted - Allowing appeal, SC observed: Considering the fact that the complainant had lodged the complaint almost eight years after the alleged incident, which had taken place in 2016 and the fact that she had also posted the post

Code Of Civil Procedure

State Of Haryana vs Amin Lal (D) 2024 INSC 875 - Adverse Possession - Revenue Records

Adverse Possession - State cannot claim adverse possession over the property of its own citizens - Allowing the State to appropriate private property through adverse possession would undermine the constitutional rights of citizens and erode public trust in the government. (Para 10-11) - Adverse possession requires possession that is continuous,

Indian Divorce Act

Dr. Rajiv Verghese vs Rose Chakkrammankkil Francis 2024 INSC 876 - Indian Divorce Act - Maintenance

Indian Divorce Act, 1869- High Court reduced maintenance to Rs.80,000 - Allowing appeal filed by wife, SC observed: During the pendency of the divorce petition, the wife is also entitled to enjoy the same amenities of life as she would have been entitled to in her matrimonial home-