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Doniyar Vildanov VS State of U. P.
Recovery and seizure of Charas – Where search and seizure are not in accordance with mandatory prescriptions foundation of case charged against accused falls apart.
Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 8, 20 and 23 – Recovery and seizure of Charas from a Russian national – Conviction and sentence – Recovery Mahazar does not indicate a bag in which contraband is said to have been smuggled into India – Inconsistencies in evidence of PWs are not minor and are glaring enough to raise reasonable doubt as to complicity of accused in alleg...
Bhola Nath VS State of Jharkhand
(1) Appeal by Special Leave – Appellant must demonstrate existence of exceptional and special circumstances warranting interference by this Court in exercise of its jurisdiction under Article 136 of C....
(A) Constitution of India – Article 136 – Appeal by Special Leave – Article 136 of Constitution confers upon this Court a plenary and discretionary power to entertain appeals against any judgment, decree, determination, sentence or order passed or made by any court or tribunal within territory of India – Only limitation on this power is contained in Article 136(2), which excludes decisions of Trib...
Usman Ali VS State of Uttar Pradesh
Bail – Bail once granted same cannot be cancelled without any compelling reasons.
Criminal Procedure Code, 1973 – Section 439 [Section 483 of BNSS] – Grant of bail – Challenge as to – FIR registered under Sections 147, 148, 149, 302, 120B and 34 of Indian Penal Code, 1860 and Section 7 of Criminal Law (Amendment) Act – Respondent-accused was not named in FIR, but was made accused on the basis of oral dying declaration of deceased and disclosure statement of co-accused – He has ...
Jagdeep Chowgule VS Sheela Chowgule
Keywords: arbitration, jurisdiction, Section 29A, High Court, Civil Court, arbitral tribunal, appointment, family settlement, appeals, mandate
The Supreme Court clarified jurisdictional complexities regarding applications for extension of time for arbitral awards under Section 29A, emphasizing specific court roles based on how arbitrators ar....
(A) Arbitration and Conciliation Act, 1996 - Section 2(1)(e) and Section 29A - Jurisdiction of arbitral tribunal - Dispute regarding the jurisdiction for extending the time for making the arbitral award - The court concluded that the application for time extension under Section 29A shall lie before the High Court when the arbitrator is appointed by the High Court, or in the case of appointments ma...
Aarsuday Projects & Infrastructure (P) Ltd VS Jogen Chowdhury
Keywords: demolition, unauthorized construction, khoai land, public interest litigation, competence, land use, permissions, environmental assessment, judicial review, procedural irregularities
The Supreme Court ruled that unauthorized constructions cannot be demolished without credible evidence of legal violations, emphasizing the importance of prior permissions from competent authorities w....
(A) Environmental Law - Public Interest Litigation - Violation of Previous Judgement - The High Court ordered demolition of unauthorized construction on land purportedly classified as 'khoai', holding that the competent authority, the Panchayat Samiti, did not grant permission - The Supreme Court reversed this order, determining the land was privately owned and prior residential construction exist...
Monty Goyal VS Navrang Singh
Professional misconduct by Advocate – No Advocate can be held guilty of professional misconduct merely on the basis of bald allegations contained in complaint.
Advocates Act, 1961 – Sections 35 and 38 – Professional misconduct by Advocate – No evidence was led by respondent-complainant to substantiate allegations set out in complaint – Appellant-Advocate has been held guilty of professional misconduct merely on the basis of bald allegations contained in complaint, without complainant being examined on oath and without affording appellant-Advocate indefea...
Habib Alladin VS Mohammed Ahmed
(1) Jurisdiction of Wakf Tribunal – Injunction simpliciter sought for before Tribunal does not fall within its jurisdiction and plaint has to be rejected.
(2) An Amendment will be retrospective on....
(A) Wakf Act, 1995 – Sections 6 and 7 read with Sections 83 and 85 – Civil Procedure Code, 1908 – Order VII, Rule 11 – Jurisdiction of Wakf Tribunal – Reach and sweep – Suit seeking perpetual injunction – Property is not one specified in ‘list of auqaf’, which is mandatory requirement under Section 6(1) and Section 7(1) of Waqf Act of 1995 to approach Tribunal – Section 83 does not confer any juri...
Chintan Rajubhai Panseriya VS State of Maharashtra
Bail application – Prosecution should examine important witnesses and try to establish its case – There is no point in multiplying witnesses on one and same issue.
Criminal Procedure Code, 1973 – Section 439 [Section 483 of BNSS] – Narcotic Drugs and Psychotropic Substances, Act, 1985 – Section 37 – Bail application – Petitioner is in judicial custody as an under-trial prisoner past 3 years and 6 months and prosecution intends to examine as many as 159 witnesses – Examination of 159 witnesses or even 50% of same is going to take a pretty long time – Prosecut...
Bernard Lyngdoh Phawa VS State of Meghalaya
Murder and disappearance of evidence – Circumstantial evidence – Last seen together theory projected by prosecution should be proximate to death of victim.
Indian Penal Code, 1860 – Section 302 and 201 – Murder and disappearance of evidence – Conviction and sentence – Circumstantial evidence – Medical evidence is not conclusive as to homicide, but fact remains that even if death was by hanging, body was exhumed from where it was buried, which raises strong suspicions at least as to burial of body – Last seen together theory projected by prosecution s...
Niraj Jain VS Competent Authority-cum-Additional Collector, Jagdalpur
Acquisition of land – Setting aside of award of compensation for land acquisition, on grounds of it being excessive and resulting in unjust enrichment of some land owners, would not ipso facto result ....
Railways Act, 1989 – Section 20-F(6) – Land Acquisition (Special Railway Projects) Rules, 2016 – Acquisition of land – Setting aside of award of compensation – Claim of excessive compensation having been awarded and disbursed, even according to Railways is confined to party respondents in earlier proceedings and result of SLP filed against writ appeal judgment is of no legal or lethal consequence ...
XXX VS State of Kerala
(1) Commission of offence by public servant in course of discharge of his official duty – Sub-section (4) of Section 175 is neither an independent / a standalone provision nor a proviso to sub-section....
(A) Bharatiya Nagarik Suraksha Sanhita, 2023 – Sections 175(4) and 218 – Commission of offence by public servant in course of discharge of his official duty – Sub-section (4) of Section 175 is neither an independent / a standalone provision nor a proviso to sub-section (3) thereof – Application alleging commission of offence(s) by public servants in discharge of their official duties must also be ...
Premium Transmission Private Limited VS State of Maharashtra
Keywords: conciliation, industrial dispute, employment status, sham contract, rights, unfair labor practices, judicial review, prevailing law, contract workers, Industrial Disputes Act
The court clarified that direct prior demands are not mandatory for initiating conciliation and that the contractor-worker relationship can be adjudicated in the context of unfair labor practices and ....
(A) Industrial Disputes Act, 1947 - Sections 10(1), 12, and 33 - Proceedings of Industrial Dispute - The court addressed the legality of the conciliation process initiated without prior demand by the Union, asserting that admission of disputes directly by the Union is permissible if the circumstances warrant it (Para 28). The court further distinguished between genuine and sham contracts, ruling t...
Mukund Maheswar VS Axis Bank Ltd.
(1) Relief claimed ought to be specifically stated – When suitor claims a larger or wider relief than what he is entitled to, his claim (be it a writ petition or a suit) cannot be dismissed by court o....
(A) Civil Procedure Code, 1908 – Order VII Rule 7 – Constitution of India – Article 226 – Relief claimed ought to be specifically stated – When suitor claims a larger or wider relief than what he is entitled to, his claim (be it a writ petition or a suit) cannot be dismissed by court on that ground – Should court find the suitor entitled to a lesser relief than larger or wider relief claimed, ther...
Abhijit Pandey VS State of Madhya Pradesh
Bail – Regular bail can be granted where accused is not a hardened criminal.
Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 483 – Regular bail application – Charge-sheet has been filed for offences punishable under Sections 108 and 80 of BNS and Sections 3 and 4 of Dowry Prohibition Act – FIR was registered for offence concerning abetment to commit suicide and deceased had not sustained any such injury which can be said to be cause of her death – Prima facie it is foun...
Bihar Industrial Area Development Authority VS Scope Sales Pvt. Ltd.
(1) Cancellation of allotment of Industrial Plot – Cancellation of allotment While rights of individual allottee merit due respect and consideration, it cannot be placed on a pedestal higher than coll....
(A) Constitution of India – Article 226 – Writ Jurisdiction – Exercise of – Parameters – Remedy of a writ is discretionary in nature – Even where a writ petition raises a substantial point of law, High Court may decline to entertain it for a variety of reasons – Relief may be denied to suitor notwithstanding existence of a strong legal case should grant of such relief not serve or advance public ...
Hemalatha (D) By Lrs. VS Tukaram (D) By Lrs.
(1) Agreement to Sell – Registered Sale Deed carries with it a formidable presumption of validity and genuineness – Registration is not a mere procedural formality but a solemn act that imparts high d....
(A) Agreement to Sell – Registered Sale Deed carries with it a formidable presumption of validity and genuineness – Registration is not a mere procedural formality but a solemn act that imparts high degree of sanctity to the document – Court must not lightly or casually declare a registered instrument as a “sham” – There is presumption that a registered document is validly executed – A registered ...
Gloster Limited VS Gloster Cables Limited
Keywords: Insolvency Code, NCLT jurisdiction, trademark dispute, resolution plan, title declaration, Corporate Debtor, successful resolution applicant, stakeholder rights, lawful property, assignments
The NCLT exceeded its jurisdiction by declaring trademark ownership during insolvency proceedings, undermining the binding nature of the approved resolution plan.
(A) Insolvency and Bankruptcy Code, 2016 - Section 60(5) - Jurisdiction of NCLT - Dispute regarding the title of trademark "Gloster" arose in insolvency proceedings involving Corporate Debtor; NCLT's declaration of title was impermissible and contradicted the approved resolution plan. (Paras 39-52) (B) Principles of Jurisdiction - NCLT cannot exercise jurisdiction over matters outside of insolvenc...
Ananda Chandra Panda (Dead) Through Lrs. VS Collector, Keonjhar
Keywords: CPC, execution proceedings, possession, maintainability, estoppel, civil suit, decree, objections, land ownership, legal principles
Objection to execution of decree – All questions arising between parties to suit in which decree was passed or their representatives relating to execution, discharge or satisfaction of decree must be ....
Civil Procedure Code, 1908 – Section 47 – Objection to execution of decree – All questions arising between parties to suit in which decree was passed or their representatives relating to execution, discharge or satisfaction of decree must be determined by Court executing decree and not by a separate suit – Said questions must be determined during pendency of execution proceeding and not subsequent...
RAJ KUMAR GHOSH & ANR vs JYOTI BISWAS & ORS
Keywords: financial obligations, court order, remuneration, occupational charges, payment deadline, hearing date, security charges, electricity charges, Receiver responsibilities, expenses apportionment
The obligation of parties to deposit outstanding charges and remuneration for the Receiver is reinforced.
The court addresses outstanding payments due from the petitioners, including security and electricity charges amounting to Rs.85,777 and Rs.1,17,528 respectively. It directs the petitioners to deposit these amounts by 22.01.2026 while ensuring occupational charges are paid in advance monthly by Respondents. The court also sets a remuneration of Rs.30,000 for the learned Receiver and expresses inte...
Rakesh Jain VS State
In an offence punishable under Section 409 IPC there is no presumption regarding culpability of a Director.
Criminal Procedure Code, 1973 – Section 439 [Section 483 of BNSS] – Indian Penal Code, 1860 – Sections 409/120B – Interim bail – Rejection of prayer for extension of interim bail – Applicant is one of Directors of Company – Allegations are in respect of diversion of funds by Company – In an offence punishable under Section 409 IPC there is no presumption regarding culpability of a Director – Same ...
Viraj Impex Pvt. Ltd. VS Union Of India
(1) Delegated Legislation acquires force of law only upon its publication in Official Gazette.
(2) Delegated Legislation – Once legislature has prescribed specified mode of promulgation, executive ....
(A) Delegated Legislation – Delegated legislation, unlike plenary legislation enacted by Parliament, is framed in executive chambers without open legislative debate – Requirement of publication in Gazette, serves dual constitutional purpose i.e. (a) it ensures accessibility and notice to those governed by law, and (b) it ensures accountability and solemnity in exercise of delegated legislative pow...
Union of India VS Heavy Vehicles Factory Employees’ Union
Keywords: overtime, wages, allowances, executive powers, statutory interpretation, compensatory allowances, Factories Act, High Court ruling, employee rights, legal authority
Compensatory allowances cannot be excluded from calculating overtime wages under section 59(2) of the Factories Act, as executive directives cannot alter statutory provisions.
(A) Factories Act, 1948 - Section 59(2) - Interpretation of 'ordinary rate of wages' for calculating overtime wages - Compensatory allowances (HRA, TA, CWA, SFA) excluded from overtime calculations as per various government directives - High Court correctly interpreted statutory exclusions - Sudden exclusion lacks legal authority. (Paras 2, 15, 17) (B) Judicial Principles - Statutory construction ...
Raj Singh Gehlot VS Amitabha Sen
Keywords: de-licensing, urban development, fraud, environmental law, collusion, residential project, commercial complex, land use, Haryana Act, CBI investigation
Judgment underscores the need for regulatory compliance in urban development, confirming that unauthorized de-licensing and changes in land-use violate statutory framework, necessitating CBI investiga....
(A) Haryana Development and Regulation of Urban Areas Act, 1975 - Jurisdiction of National Green Tribunal - Supreme Court found that the High Court erroneously entertained claims of unlawful de-licensing and subsequent commercial development which were substantially linked with ongoing appeals under the 1975 Act - Disparate treatment of property rights and environmental obligations led to CBI inve...
Prakash Atlanta (JV) VS National Highways Authority Of India
Keywords: cess liability, arbitration, contract interpretation, subsequent legislation, welfare boards, construction regulations, statutory compliance, effective implementation, legal obligations, public policy
The interpretation of the Building and Other Construction Workers Act and the Cess Act requires the establishment of welfare boards for the effective levy and collection of cess; until then, contracto....
(A) Arbitration and Conciliation Act, 1996 - Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 - Building and Other Construction Workers’ Welfare Cess Act, 1996 - Applicability of cess post notification of respective welfare boards - Court affirmed the stance that without constitution of welfare boards, levy of cess under the Cess Act is not ten...
Neha Lal VS Abhishek Kumar
Keywords: irretrievable breakdown, marriage dissolution, Article 142, litigation, mediation, perjury, separation, cruelty, legal disputes, family court
(1) Divorce – Irretrievable breakdown of marriage – It is in interest of society that marriages, as far as possible, should be maintained – If marriage has been wrecked beyond scope of salvage, it is ....
(A) Hindu Marriage Act, 1955 – Section 13 – Constitution of India – Article 142 – Divorce – Irretrievable breakdown of marriage – It is in interest of society that marriages, as far as possible, should be maintained – If there is failure in efforts for reconciliation and it is found that marriage has been wrecked beyond scope of salvage, it is in interest of all concerned to recognize that fact an...
Beri Manoj VS State of Andhra Pradesh
Criminal intimidation – Mere presence of a Lawyer in his capacity of discharging professional duty of either giving advice or suggestion cannot amount to intimidation.
Indian Penal Code, 1860 – Section 506 – Criminal intimidation – Mere threats without intention to cause alarm do not constitute criminal intimidation under Section 506 of IPC – In instant case, prosecutrix improved her statement recorded under Section 164 of Cr.P.C. – Appellant’s name suddenly surfaced after seven days through a vague reference – Even otherwise, mere expression of words, without a...
Anil Daima Etc. VS State Of Rajasthan
Keywords: jurisdiction, Anti-Corruption Bureau, Central Government, Prevention of Corruption Act, illegal gratification, charge-sheet, Section 17-A, court ruling, legal authority, special leave petition
Jurisdiction to investigate corruption cases – ACB of State of Rajasthan has jurisdiction to register criminal case under provisions of Prevention of Corruption Act despite the fact that accused is an....
Prevention of Corruption Act, 1988 – Section 17-A – Jurisdiction to investigate corruption cases – ACB of State of Rajasthan has jurisdiction to register criminal case under provisions of Prevention of Corruption Act despite the fact that accused is an employee of Central Government – It is incorrect to say that it is only CBI who could have instituted prosecution – Section 17-A came to be enacted...
Gujarat Public Service Commission VS Gnaneshwary Dushyantkumar Shah
(1) Selection – Candidate having participated in process of selection, without protest, cannot challenge Rules of game after being declared unsuccessful.
(2) Law does not permit a regulation crafte....
(A) Service Law – Selection – Candidate having participated in process of selection, without protest, cannot challenge Rules of game after being declared unsuccessful – In present case, criteria for interview and qualifying marks were expressly stated – Candidate applied, appeared and took her chance – Only after being declared unsuccessful, did she seek to invoke an entirely different regulatory ...
Nawal Kishore Meena @ N. K Meena VS State of Rajasthan
Keywords: jurisdiction, Anti-Corruption Bureau, Central Government, investigation, Prevention of Corruption Act, Central Bureau of Investigation, law enforcement, Criminal Procedure Code, cooperation, legal interpretation
(1) Jurisdiction to investigate corruption cases – Although law and order including investigation of different criminal cases is a State subject and generally such matters are being investigated by St....
(A) Prevention of Corruption Act, 1988 – Section 17 – Delhi Special Police Establishment Act, 1946 – Section 3 – Criminal Procedure Code, 1973 – Section 156 – Jurisdiction to investigate corruption cases – Although law and order including investigation of different criminal cases is a State subject and generally such matters are being investigated by State, yet relation between CBI and State Polic...
Giriraj VS Mohd. Amir
Keywords: Special Leave Petition, status quo, interim order, Article 226, timely disposal, High Court, constitutional requirement, pending application, legal proceedings, judicial efficiency
The Supreme Court emphasized the need for the High Court to expedite the disposal of pending applications under Article 226(3) of the Constitution, reinforcing the principle of timeliness in legal pro....
(A) Constitution of India - Article 226(3) - Special Leave Petition - Interim order of status quo - Application for vacating such order pending since January 2025 - Court requests High Court to dispose of the application within two weeks as mandated by the Constitution - No opinion expressed on merits. (Paras 3, 4, 5) Facts of the case: The petitioners filed a Special Leave Petition against an int...
X VS O/O Speaker of the House of People
Keywords: Judges Inquiry Act, removal motion, legislative procedure, committee formation, procedural safeguards, constitutional interpretation, Deputy Chairman authority, judicial review, parliamentary process, fundamental rights
The refusal to admit a motion in one House does not invalidate action in the other, as the first proviso of Section 3(2) applies only when both motions are admitted on the same day, ensuring independe....
(A) Judges (Inquiry) Act, 1968 - Section 3 - Proviso to Section 3(2) - Interpretation of motion for removal of a Judge - Petitioner challenged the constitution of a Committee for his removal, alleging procedural non-compliance as notices were given in both Houses on the same day but only one was admitted - Court held that no violation occurred as the refusal to admit a motion in one House does not...
Tulasareddi @ Mudakappa VS State Of Karnataka
Murder – If two reasonable conclusions are possible on the basis of evidence on record, Appellate Court should not disturb findings of acquittal recorded by Trial Court on the ground that another view....
Indian Penal Code, 1860 – Sections 302, 120-B, 201, 506 read with Section 34 – Murder, conspiracy, disappearance of evidence and criminal intimidation – Common intention – Circumstantial evidence – Reversal of acquittal by High Court – Simply relying upon so-called confessional statements of accused and discovery of dead body which is also not duly proved, conviction cannot be recorded – Sole so-c...
Airport Authority Of India VS Sham Krishna B
Keywords: meritocracy, reservation policy, public employment, constitutional law, appointment, selection process, unreserved category, reserved category, legal interpretation, administrative law
Reservation policies in public employment must prioritize merit; candidates from reserved categories who qualify for general positions based on merit are to be treated as general category candidates.
(A) Constitution of India - Articles 14, 16, and 335 - Employment and Recruitment - The judgment discusses the authority and manner of applying reservation policies in public employment, emphasizing the necessity of merit in recruitment for both reserved and unreserved positions. It references the model roster issued by the Department of Personnel and Training dated 02.07.1997. (Paras 3, 28, 70) (...
HT Media Limited VS Principal Commissioner Delhi, South Goods and Service Tax
Keywords: Service Tax, Event Management, Speaker Booking, Tax Classification, Principal-Agent Relationship, Revenue Authority, Contracts, Levy, Tax Demand, Finance Act
The classification of services under tax law must adhere strictly to specified definitions; mere speaker bookings do not constitute event management services, thereby nullifying the tax demand.
(A) Finance Act, 1994 - Sections 65(40), 65(41), and 65(105)(zu) - Service Tax - Demand under Event Management Service - Appellant contracted booking agents for speakers at an event - Tribunal erred by not recognizing that such contracts did not constitute event management services under the law - Tax liability rests on the nature of the services provided and their classification - Held: The contr...
Md. Firoz Mansuri VS State of Bihar
Keywords: Pharmacist, minimum qualification, Bihar Cadre Rules, judicial review, Pharmacy Act, state discretion, criteria for recruitment, higher qualifications, constitutional validity, employment rights
(1) Appointment of Pharmacists – Prescription of eligibility criteria of 10+2 with Diploma in Pharmacy by State cannot be said to be arbitrary or irrational – Rule 6(1) is Constitutionally valid.
(....
(A) Pharmacy Act, 1948 – Section 42 – Bihar Pharmacists Cadre Rules, 2014 – Rule 6(1) – Pharmacy Practice Regulations, 2015 – Clause 2(h) – Constitutional validity of Rule 6(1) – Fixation of minimum qualification for recruitment of Pharmacist – A Pharmacist forms integral part of public health delivery system – In Government hospitals, dispensaries and primary health centres, Pharmacist is entrust...
Rajasthan Public Service Commission, Ajmer VS Yati Jain
Keywords: waiting list, appointment, locus standi, recruitment rules, public service commission, legal right, expiry, non-joining, equity, administrative law
Candidates in a reserve list do not possess indefeasible rights to appointments, which are contingent on statutory timelines and the proper operation of recruitment rules.
(A) Rajasthan Public Service Commission Act - Governance of recruitment processes and waiting lists - Under Rajasthan Rules, 1981, candidates from the reserve list can only be recommended within six months of the original list being sent. (Paras 92-96) (B) Appellate Jurisdiction - Locus standi of public commission in appeals regarding appointments derived from errors in applying rules, underscorin...
Peoples Union for Civil Liberties VS State of Maharashtra
Keywords: media policy, Amicus Curiae, public communication, legal order, implementation, government responsibility, judicial oversight, urgent action, media briefing, disposition
The court mandated the States to adopt a policy for Media Briefing in line with the Police Manual, emphasizing the need for compliance within three months.
(A) No specific laws or sections cited - Vital necessity for evolving a policy for Media Briefing by the States, as recognized through deliberations with the Union of India and international practices. (B) The court emphasizes the implementation of the Police Manual for Media Briefing, ensuring timely action from the States within a three-month timeframe. (C) The learned Amicus Curiae provided val...
Elegna Co-Op. Housing and Commercial Society Ltd. VS Edelweiss Asset Reconstruction Company Limited
Keywords: CIRP, financial debt, default, homebuyer protection, locus standi, insolvency resolution, statutory recognition, debt recovery, collective representation, financial creditor
The court affirmed that once debt and default are established under Section 7 of the IBC, admission into CIRP is mandatory, preventing misuse of the process as merely a recovery mechanism.
(A) Insolvency and Bankruptcy Code, 2016 - Section 7 - Corporate Insolvency Resolution Process (CIRP) - Appeals filed arose from NCLAT’s order initiating CIRP against corporate debtor, notably, a real estate project that was substantially complete. The NCLAT set aside the NCLT's dismissal of the Section 7 petition filed by the financial creditor for debt recovery. Society's intervention applicatio...
Satender Kumar Antil VS Central Bureau of Investigation
(1) Arrest by a Police Officer is a mere statutory discretion which facilitates him to conduct proper investigation, in the form of collection of evidence and shall not be termed as mandatory.
(2) ....
(A) Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 35 (3)[ Section 41-A of Cr.P.C.] – Arrest – Arrest, being an act done by a police officer in furtherance of investigation, is discretionary and optional to be applied on facts of a particular case – To attract power of arrest under Section 35(1)(b) of BNSS, 2023, conditions mentioned thereunder ought to be complied with scrupulously – Complian...
Vayyaeti Srinivasarao VS Gaineedi Jagajyothi
Keywords: Tenant, Agreement to Sell, Conveyance, Stamp Duty, Possession, Eviction, Landlord, Jural Relationship, Specific Performance, A.P. Stamp Act
An agreement to sell does not convert a tenant's possession into vendor-vendee relationship without express surrender, thus no additional stamp duty is required under the A.P. Stamp Act.
(A) Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 - Explanation I to Article 47A of the A.P. Stamp Act - Agreement to sell - Document treated as conveyance deed, stamp duty and penalty demanded - Court held that the agreement to sell does not result in a change of tenant status and does not require additional stamp duty. (Paras 11.1, 12.1) (B) Interpretation of tenancy and ...
Sanjay Paliwal VS Bharat Heavy Electricals Ltd. Through Its Executive Director
Keywords: mandatory injunction, possession, title dispute, Specific Relief Act, Civil Procedure Code, High Court ruling, injunction maintainability, property identification, evidentiary requirements, land ownership
Suit for Mandatory Injunction – Where there is construction raised on disputed property alleged to be owned by plaintiffs, appropriate and efficacious remedy available to them was to institute suit fo....
Specific Relief Act, 1963 – Sections 39 and 41(h) – Suit for Mandatory Injunction – Appeal by unsuccessful Plaintiffs – There exists serious dispute as to title and possession of disputed property – Expression “equally efficacious remedy”, denotes a remedy which would place Plaintiffs in same position in which he would have been had relief of injunction not been sought – Where there is constructio...
State of Himachal Pradesh VS Chaman Lal
(1) Murder – Where judgment of acquittal is found to be manifestly erroneous, perverse, or founded on a misreading of evidence or incorrect application of law, Supreme Court would be justified to set ....
(A) Indian Penal Code, 1860 – Section 302 – Murder – Acquittal by High Court – Court is ordinarily slow to interfere with orders of acquittal – However, where High Court has adopted wholly erroneous process of reasoning, misread material evidence, or ignored vital circumstances resulting in a grave miscarriage of injustice, interference is clearly permissible – Where judgment of acquittal is found...
Authority for Advance Rulings (Income Tax) VS Tiger Global International II Holdings
Keywords: tax avoidance, treaty benefits, capital gains, economic substance, tax residency, Advance Rulings, Income Tax Act, Mauritius Treaty, GAAR, indirect transfers
The Supreme Court affirmed that tax treaties cannot be exploited for avoidance, emphasizing that tax residency claims must be substantiated by proof of genuine commercial activities, and transactions ....
(A) Constitution of India - Article 265 - Income Tax Act, 1961 - Sections 9(1)(i), 245R(2) - Double Taxation Avoidance Agreement - Taxability of capital gains - Revenue's challenge to a ruling that provided treaty benefits on the sale of shares held by entities incorporated in Mauritius - The Authority for Advance Rulings held that the transactions were designed for tax avoidance, rejecting the ap...
Amit Kumar VS Union of India
Keywords: student suicides, mental health, higher education, National Task Force, FIR registration, institutional responsibility, recommendations, legal framework, accountability, systemic reforms
Suicide by students in various Educational Institutions – There is necessity to build a robust institutionalized response for ensuring mental well-being of students studying in Higher Educational Inst....
Indian Penal Code, 1860 – Sections 306 and 309 – Constitution of India – Article 142 – Suicide by students in Educational Institutions – Remedial measured – Necessity to build a robust institutionalized response for ensuring mental well-being of students studying in Higher Educational Institutions (‘HEIs’) – Youth and young adulthood, are increasingly recognised as vulnerable phases, with most men...
Directorate of Enforcement VS State of West Bengal
Keywords: investigation, interference, enforcement, money laundering, FIR, judicial oversight, political activity, rule of law, scam, central agencies
Interference by state agencies in central investigations undermines the rule of law, necessitating judicial intervention and proper registration of FIRs for cognizable offences.
(A) Prevention of Money Laundering Act, 2002 - Investigation by Directorate of Enforcement - Interference by State agencies - The Directorate of Enforcement is investigating a scam amounting to Rs.2742.32 crores, with allegations of interference by the Chief Minister and top police officials during a search and seizure - The Court finds this raises serious issues regarding the independence of inve...
Dinesh Biwaji Ashtikar VS State of Maharashtra
Keywords: neighborhood school, admission, weaker sections, disadvantaged groups, fundamental right, RTE Act, implementation, regulations, accessibility, accountability
The obligation of neighborhood schools to admit 25% of children from weaker sections under the Right to Education Act is a constitutional mandate that requires effective implementation through enforce....
(A) Right of Children to Free and Compulsory Education Act, 2009 - Section 12 - Obligation of neighborhood schools to admit children from weaker and disadvantaged groups - The Act mandates admission of at least 25% of class strength for such children - Importance of effective implementation highlighted - Need for clearer procedures and accountability reinforced. (Paras 1, 5, 10, 16) (B) Fundamenta...
Sujata Bora VS Coal India Limited
Keywords: disability, reasonable accommodation, employment, gender justice, public sector, judicial review, recruitment process, medical examination, intersectionality, legal remedy
Reasonable accommodation is a fundamental right ensuring equality for persons with disabilities; technicalities should not obstruct justice for discrimination cases.
(A) Rights of Persons with Disabilities Act, 2016 - Importance of reasonable accommodation highlighted - Appellant selected for Management Trainee role but was declared unfit due to disability - High Court ruled CIL must modify recruitment notifications to consider applicants with multiple disabilities - Division Bench overturned this, citing panel expiry - Supreme Court reinstated Single Judge's ...
State of Haryana VS Krishan Kumar
Keywords: Drug Inspector, Qualifications, Central Legislation, State Rules, Experience Requirement, Ultra Vires, Judgment, Appeals, Appointment, Regulatory Authority
State governments cannot impose additional qualifications for Drug Inspectors as the field is occupied by Central legislation, rendering such state rules invalid.
(A) Drug Rules, 1945 - Section 49 - Drugs and Cosmetics Act, 1940 - Sections 21, 33 - Appointment qualifications for Drug Inspectors - State rules prescribing additional qualifications invalid as Central legislation occupies the field - Experience requirement is not a condition for initial appointment but only for authorization to inspect - Appeals from Haryana and Karnataka dismissed, recognizing...
Kanchana Rai VS Geeta Sharma
(1) Liability to maintain widowed daughter-in-law – Any widow of son of a deceased Hindu is a dependant within meaning of Section 21 (vii) of Hindu Adoptions and Maintenance Act, 1956 and is entitled ....
(A) Hindu Adoptions and Maintenance Act, 1956 – Sections 21 and 22 read with Section 4 – Liability to maintain widowed daughter-in-law – Any widow of son of a deceased Hindu is a dependant within meaning of Section 21 (vii) of Act and is entitled to claim maintenance under Section 22 of Act – Right to life has been judicially expanded to include right to livelihood and basic sustenance – Denying m...
Ansal Crown Heights Flat Buyers Association (Regd. ) VS Ansal Crown Infrabuild Pvt. Ltd.
Keywords: execution, consumer disputes, directors liability, corporate personality, moratorium, NCDRC, flat buyers, adjudicatory process, liability, Consumer Protection Act
Execution of a decree must strictly conform to the adjudicated parties, barring actions against directors/promoters without established liability.
(A) Consumer Protection Act, 2019 - Sections 71 and 14 - Execution proceedings against directors/promoters - Appellant, a flat buyers association, sought execution against directors of a debtor company after non-delivery of flats - NCDRC dismissed applications as no orders binding directors were made in original complaints - Execution must adhere to the decree; no liability against directors estab...
Keshaw Mahto @ Keshaw Kumar Mahto VS State Of Bihar
Insult and abuse by caste name – Intent with which abuses were hurled must be found to be denigrating towards caste, resulting into feeling of caste-based humiliation.
(A) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Sections 3(i)(r)(s) – Insult and abuse by caste name – Offence under Section 3(1)(r) cannot stand merely on the fact that informant/complainant is a member of a Scheduled Caste or a Scheduled Tribe, unless insult or intimidation is with intention to humiliate such a member of community – Any insult or intimidation tow...
Ravi Shankar Bhushan VS Union of India
Keywords: Trust Fund, Persons with Disabilities, Compliance Affidavit, Recovery from Banks, National Fund, Statutory Mandate, Monitoring Committee, Government Responsibility, Effective Implementation, Legal Framework
The court affirmed the compliance of statutory obligations regarding the Trust Fund for Persons with Disabilities, concluding the monitoring committee's responsibilities as the legal framework is now ....
(A) Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Rights of Persons with Disabilities Act, 2016 - Creation of Trust Fund for Persons with Disabilities and oversight by a committee - Compliance affidavit reviewed confirming adherence to directions for recovery from banks - Establishment of the National Fund for Persons with Disabilities und...
Kishorilal (D) through LRs. VS Gopal
(1) Res Judicata – Principle of res judicata applies also as between two stages in same litigation.
(2) Impleadment of necessary party – Vendor is a necessary party in a suit for specific performan....
(A) Civil Procedure Code, 1908 – Section 11 – Res Judicata – Principle of res judicata applies also as between two stages in same litigation to the extent that a court, whether trial court or a higher court having at an earlier stage decided a matter in one way will not allow parties to re agitate the matter again at a subsequent stage of same proceedings – However, what is important is that this ...
Alka Shrirang Chavan VS Hemchandra Rajaram Bhonsale
Keywords: lis pendens, specific performance, decree holder, execution proceedings, subsequent purchasers, obstruction, property rights, Transfer of Property Act, Civil Procedure Code, judgment debtor
The doctrine of lis pendens applies to subsequent purchasers; their rights are subordinate to those of the decree holder in a specific performance case.
(A) Transfer of Property Act, 1882 - Section 52 - Specific Relief Act, 1963 - Section 19 - Execution of decree for specific performance - Respondent's title to property under the specific performance decree is binding on subsequent purchasers, who had transferred property during pendency of suit; their claims are subservient to the decree holder's rights - Appellants did not have any independent r...
State of U. P. VS Dinesh Kumar
(1) Termination – Suppression of involvement in criminal cases – Proper and complete disclosure in applications for government employment is not a simple procedural formality, but a basic requirement ....
Service Law – Termination – Cancellation of appointment as Sahayak Samiksha Adhikari – Suppression of involvement in criminal cases – Order of cancellation of appointment reversed by High Court – Proper and complete disclosure in applications for government employment is not a simple procedural formality, but a basic requirement rooted in fairness, integrity and public trust – When an applicant wi...
X VS State of Uttar Pradesh
Keywords: bail, minor victim, serious offences, sexual assault, material facts, consideration, court decision, safety, criminal justice, POCSO Act
(1) Bail – Mere filing of charge-sheet does not, by itself, preclude consideration of application for bail.
(2) Bail granted without due consideration of material factors warrants interference – In....
(A) Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 483 – Bail – Grant of – FIR registered for offences punishable under Sections 65(1), 74, 137(2) 352 of Bharatiya Nyaya Sanhita, 2023 and Sections 5(l), 6, 9(g) and 10 of Protection of Children from Sexual Offences Act, 2012 – Mere filing of charge-sheet does not, by itself, preclude consideration of application for bail – However, while assess...
Shrikrishna VS State of Madhya Pradesh
Culpable homicide not amounting to murder – In a group fight, kind and nature of individual act in commission of offence would matter and guilt or otherwise of accused would have to be accordingly asc....
Indian Penal Code, 1860 – Section 304, Part II – Culpable homicide not amounting to murder – Conviction and sentence – Scenario of offence was one of a free fight – There was commotion where anger-filled group of two rival parties attacked each other, and injuries were sustained by both sides – High Court was justified in its reasoning that in such circumstances, it is not possible to reason and t...
Yerram Vijay Kumar VS State of Telangana
(1) Right recourse for a person, who makes allegation of fraud in affairs of a company is to file application under Section 213 of Companies Act before NCLT upon satisfying eligibility under Section 2....
(A) Companies Act, 2013 – Sections 448 and 451 read with Section 212(6) – Indian Penal Code, 1860 – Sections 420, 406, 426, 468, 470, 471 and 120B – Criminal Procedure Code, 1973 – Section 482 [Section 528 of BNSS] – Cheating, criminal breach of trust, forgery and fraud and criminal conspiracy – Cognizance has been taken by Special Court under Section 448 and 451 of Companies Act – Section 448 its...
State of Uttar Pradesh VS Anurudh
Keywords: Bail, Age Determination, POCSO Act, Jurisdiction, Medical Report, High Court, Legal Standards, Constitutional Rights, Judicial Overreach, Criminal Procedure
The Supreme Court clarified that age determination in POCSO cases must follow statutory provisions strictly, and bail courts cannot exceed their jurisdiction to conduct mini-trials on age credibility.....
(A) Code of Criminal Procedure, 1973 - Section 439 - Protection of Children from Sexual Offences Act, 2012 - Sections 7 and 8 - Determination of age of the victim in bail proceedings - The High Court failed to adhere to statutory provisions mandating a medical age report must be prepared at the onset of POCSO investigations; it unlawfully issued directions contravening established age determinatio...
Pogadadabnda Revathi VS State of Telangana
Keywords: police custody, bail, legal reasoning, Magistrate, Sessions Judge, High Court, remand, judicial review, personal liberty, FIR
Police remand – When an accused is enlarged on bail, police custody cannot be granted so long as order of bail continues to operate.
Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 187 [Corresponding to Section 167 of Criminal Procedure Code, 1973 – Police remand – Where Investigating Agency seeks police remand of accused who has already been enlarged on bail, proper and legally permissible course is to first seek cancellation of bail in accordance with law and only thereafter apply for police custody – Scheme of criminal pr...
M/S JINDAL EQUIPMENT LEASING CONSULTANCY SERVICES LTD vs COMMISSIONER OF INCOME TAX DELHI – II, NEW DELHI
Keywords: amalgamation, taxability, stock-in-trade, capital assets, income tax act, share substitution, business income, real income, commercial realisation, legal principles
Amalgamation can generate taxable business income under Section 28 of the Income Tax Act when shares received are tradable and possess definable market value, reflecting a real income rather than noti....
(A) Income Tax Act, 1961 - Sections 28 and 47(vii) - Amalgamation - Taxability of share substitution - High Court remanded the matter to the Tribunal to determine if shares received in amalgamation were stock-in-trade or capital assets, noting that if treated as stock-in-trade, income would be taxable under Section 28 due to realisation of trading assets. - Amalgamation does not equate to mere tra...
Jindal Equipment Leasing Consultancy Services Ltd. VS Commissioner Of Income Tax Delhi – II, New Delhi
Keywords: amalgamation, income tax, substitution, stock-in-trade, taxable income, share exchange, commercial realisation, jurisdiction, tax principles, realisation
Taxable business income arises from the substitution of shares held as stock-in-trade in an amalgamation when such shares are marketable and possess definite value, invoking Section 28 of the Income T....
(A) Income Tax Act, 1961 - Sections 2(14), 2(47), 28, and 47(vii) - Amalgamation of Companies - Court addressed whether shares held in the amalgamating company constitute stock-in-trade or capital assets, with findings leading to taxable business income upon substitution of stock-in-trade shares with shares of the amalgamated company - Exemption under Section 47(vii) applies only to capital assets...
X vs THE STATE OF UTTAR PRADESH & ANOTHER
Keywords: Bail, Minor, Gang-rape, Intimidation, Evidence, POCSO, Judicial Scrutiny, Charges, Human Rights, Injustice
Bail cannot be granted in sexual assault cases against minors without significant scrutiny of charges and evidence; serious errors by the High Court necessitated cancellation.
(A) Protection of Children from Sexual Offences Act, 2012 - Sections 5(1), 6, 9(g), and 10 - Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 65(1), 74, 137(2), and 352 - Bail granted by High Court set aside due to serious concerns regarding nature of charges against accused of gang-rape of a minor - It was contended that statements recorded under Section 183 and medical evidence support victim...
Practical Solutions Inc. (Thr. Authorized representative) VS State of Telangana
Quashing petition – In a petition where quashing of FIR is prayed for, High Court should not have passed order directing Investigating Officer to comply with Section 41-A of Criminal Procedure Code, 1....
Criminal Procedure Code, 1973 – Sections 41-A and 482[Sections 35(3) and 528 of Bharatiya Nagarik Suraksha Sanhita, 2023] – Bharatiya Nyaya Sanhita, 2023 – Sections 316(2) and 318 (4) read with Section 61(2) – Quashing petition – In a petition where quashing of FIR is prayed for, High Court should not have passed order directing Investigating Officer to comply with Section 41-A of Criminal Procedu...
Sunil VS State of Madhya Pradesh
Keywords: suspension of sentence, bail, criminal appeal, co-accused, incarceration, lesser role, right to bail, High Court, release, judgment
The right to bail may be granted when an appellant has served a substantial time in custody and exhibits lesser culpability than co-accused already released.
(A) Criminal Procedure Code - Suspension of Sentence - The appellant's application for suspension of sentence was denied by the High Court, despite having served over 7 years and 8 months. Co-accused were granted bail after longer incarceration, with lesser charges attributed to the appellant. (Paras 2, 5) (B) Right to Bail - The court recognized the absence of a timely hearing for the appellant's...
Sumit Bansal VS MGI Developers And Promoters
(1) Dishonour of cheques – Under Section 138 of NI Act, a separate cause of action arises upon each dishonour of a cheque provided statutory sequence of presentation, dishonour, notice, and failure to....
Criminal Procedure Code, 1973 – Section 482 [Section 528 of BNSS] – Quashing of criminal complaint – High Court must avoid usurping function of Trial Court or conducting mini trial when disputed factual questions attend maintainability of complaint – Even though powers under Section 482 of Cr.P.C. are very wide, its conferment requires High Court to be more cautious and diligent – While examining ...
Ultratech Cement Ltd. VS State of Gujarat
Keywords: taxation, motor vehicles, off-road, heavy machinery, Gujarat Tax Act, public road, definition, tax liability, special vehicles, expert certification
Heavy Earth Moving Machinery, intended for off-road use only, do not qualify as 'motor vehicles' under the Motor Vehicles Act and are not subject to taxation, as confirmed by expert certifications.
(A) Motor Vehicles Act, 1988 - Section 2(28) - Gujarat Motor Vehicles Tax Act, 1958 - Definition of 'motor vehicle' in context of Heavy Earth Moving Machinery and special services vehicles - The court ruled that such vehicles, not designed for road use and confirmed by expert certificates as off-road, do not qualify as 'motor vehicles' subject to taxation. (Paras 17, 36, 55) (B) Taxation Authority...
State of Uttar Pradesh VS Bhawana Mishra
Appointment – Available vacancies with Government being less, normal rule provides for a selection process to be followed so that best available candidate is selected – Essence of discrimination is un....
Service Law – Appointment – Post of Ayurvedic Nursing Training Course – Number of pass outs had far outnumbered available vacancies – It was impossible to recruit all pass outs – No such promise had been made in advertisement – It stipulated that only in case candidate is appointed after training, he/she shall compulsorily serve Government for at least 5 years – It is not that bond was applicable ...
Roshini Devi VS State of Telangana
Keywords: preventive detention, public order, drug offences, judicial custody, apprehension, subjective satisfaction, detaining authority, detention order, law and order, grounds for detention
(1) Preventive detention – There is fine distinction between “law and order” and “public order” – Mere registration of three offences by itself would not have any bearing on maintenance of public orde....
Telangana Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders [Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyb...
Joint Director (Rayalaseema), Anti-Corruption Bureau, A. P. VS Dayam Peda Ranga Rao Etc.
(1) FIR – If, on a hyper-technical ground, FIRs are quashed, High Court is duty-bound to lay down law with respect to jurisdiction that otherwise exists.
(2) When a Government Order is issued by wa....
(A) Criminal Procedure Code, 1973 – Section 2(s) and 2(o) – Police station – There need not be a specific place to be declared as a police station, as even a post being held by a police officer would constitute a police station – Definition clause, under Section 2(s) of Cr.P.C., 1973, is both exhaustive and inclusive – It is exhaustive to mean, any post or any place, while it includes any local ar...
C. S. Prasad VS C. Satyakumar
(1) Quashing of criminal case – Jurisdiction under Section 482, Cr.P.C. is extraordinary in nature and is to be exercised with great caution – High Court must avoid usurping function of trial court or....
(A) Criminal Procedure Code, 1973 – Section 482 [Section 528 of BNSS] – Quashing of criminal case – Jurisdiction under Section 482, Cr.P.C. is extraordinary in nature and is to be exercised with great caution – High Court must avoid usurping function of trial court or conducting mini-trial when disputed factual questions attend maintainability of complaint – Only requirement is to examine whether ...
Jan De Nul Dredging India Pvt. Ltd. VS Tuticorin Port Trust
Keywords: arbitration, idle time compensation, dredging project, contract interpretation, judicial intervention, arbitral award, public policy, legal reasoning, Section 34, Section 37
Judicial intervention in arbitration matters is limited; arbitral awards should be upheld unless a party shows clear evidence of patent illegality or violation of fundamental public policy.
(A) Arbitration and Conciliation Act, 1996 - Sections 34 and 37 - Arbitration award regarding compensation for idle time on dredging project - The learned Single Judge upheld the tribunal's award on merits, while the Division Bench set it aside, leading to appeals concerning dependent clauses and court intervention standard - Minimum judicial intervention endorsed - The appellate court cannot exce...
Md Imran @ D. C. Guddu VS State of Jharkhand
Bail – When a person is added as accused under Section 319 Cr.P.C. and that person is ultimately arrested and prays for bail, relevant consideration should be strong and cogent evidence than mere prob....
Criminal Procedure Code, 1973 – Sections 319 and 439 [Sections 358 and 483 of BNSS] – Indian Penal Code, 1860 – Sections 147, 148, 149 and 302 and Sections 25(1-B)A/26/27/35 of Arms Act, 1959 – Bail application – Rejection – When a person is added as accused under Section 319 Cr.P.C. and that person is ultimately arrested and prays for bail, relevant consideration at the end of court while consid...
THE UNION OF INDIA & ANR. vs PARESH CHANDRA MONDAL
Keywords: Nomination, General Provident Fund, Entitlement, Succession Certificate, Trustee, Estate, Legal Conflict, Public Policy, Harmonization, Beneficial Owner
Nominees of General Provident Fund accounts are entitled to receive funds without needing a succession certificate if a valid nomination exists, reinforcing the sanctity of the nomination process over....
(A) General Provident Fund (Central Services) Rules, 1960 - Rule 33(ii) - Provident Funds Act, 1925 - Section 4 and Section 5 - Nomination in Provident Fund - Court upheld the nominee's entitlement over deceased's GPF balance despite objections from relatives - Valid nominations must be honored as trustees of the estate, promoting resolution without unnecessary legal conflict - Delayed payment to ...
Muslimveetil Chalakkal Ahammed Haji VS Sakeena Beevi
Keywords: specific performance, power of attorney, contractual obligations, limitation, ratification, joint property, appellate jurisdiction, equity, land transfer, school management
The court affirmed that an unregistered power of attorney remains valid until expressly revoked by a registered power of attorney, emphasizing the importance of ratification in contract performance.
(A) Specific Relief Act, 1963 - Limitation Act, 1963 - Appeal against dismissal of suit for specific performance - Plaintiff-appellant asserted readiness and willingness to perform contract, denied by trial Court and High Court citing limitation and authority of power of attorney - Ratification of act by defendant through affidavit dated 30 April 2013 established validity of agreement - Judgment s...
Meenakshi VS State of Haryana
Suspension of sentence and release on bail – Directing accused to be present before Appellate Court or Revisional Court would not be warranted particularly after order for suspension of sentence has b....
Criminal Procedure Code, 1973 – Section 389 [Section 430 of BNSS] – Suspension of sentence and release on bail – Rejection of application – Appellate Court or Revisional Court after being satisfied of necessity to suspend sentence would have exercised its power and granted prayer for suspension of sentence and ordered for release of such appellant-accused on bail – Appeal before Appellate Court ma...
Property Company (P) Ltd. VS Rohinten Daddy Mazda
Keywords: limitation, condonation of delay, Companies Act, quasi-judicial bodies, jurisdiction, share transfer, legal authority, Company Law Board, appeal, procedural law
The CLB lacked the authority to condone the delay in filing an appeal under Section 58(3) of the Companies Act, 2013, as the Limitation Act is not applicable to quasi-judicial bodies unless expressly ....
(A) Companies Act, 2013 - Section 58(3) - Limitation Act, 1963 - Delay in filing an appeal - Respondent failed to appeal within the stipulated time frame; the Company Law Board (CLB) condoned a delay of 249 days in favor of the respondent under the mistaken belief that it held such power - The Supreme Court determined that the CLB could not condone the delay without express legislative authority, ...
Regenta Hotels Private Limited VS Hotel Grand Centre Point
Automatic vacation of ad-interim injunction – Where an interim order has been granted on application made under Section 9 of Arbitration and Conciliation Act, 1996 but no arbitral proceedings are init....
Civil Procedure Code, 1908 – Order XXXIX Rules 1 and 2 read with Section 151 – Arbitration and Conciliation Act, 1996 – Sections 9, 21 and 43(2) read with Rule 9(4) of Arbitration (Proceedings Before the Courts) Rules, 2001 – Temporary injunction – Automatic vacation of ad-interim injunction – Commencement of arbitral proceedings is a statutory event defined exclusively under Section 21 of the Act...
Rambali Sahni VS State of Bihar
Review of Judgment/Order – Once judgment or order is signed, no alternation or review of same is permissible except to correct a clerical or arithmetical error.
Criminal Procedure Code, 1973 – Section 362[Section 403 of BNSS] – Review of Judgment/Order – Once judgment or order is signed, no alternation or review of same is permissible except to correct a clerical or arithmetical error – In instant case, there being no clerical or arithmetical error which had crept in, yet High Court recalled earlier order granting bail by impugned order – It was not justi...
Bhashkar Singh @ Bikash Kumar VS State of Bihar Patna
Keywords: appellant, bail, incarceration, offences, Indian Penal Code, Information Technology Act, Bihar Act, grounds for bail, trial court, appeal
Bail granted based on prolonged incarceration and previous bail approvals in similar cases, establishing principles for granting bail in serious offenses.
(A) Indian Penal Code, 1860 - Sections 419, 420, 379, 406, 467, 468, 471, 120B and 34 - Information Technology Act, 2000 - Section 66D - Bihar Protection of Interest of Depositors (in Financial Establishments) Act, 2002 - Bail application - The appellant sought bail after being incarcerated for over two years in connection with multiple offences, yet had been granted bail in similar cases - The co...
Pratima Das VS State Of Himachal Pradesh
Keywords: marksheets, administrative error, university records, student rights, clerical mistake, academic documents, Legal Education, court directives, public interest litigation, higher education access
The university is responsible for correcting clerical errors that affect students' access to academic documents, reaffirming the principle that students should not suffer due to administrative mistake....
(A) UGC Act, 1956 - Manav Bharti University (Establishment & Regulation) Act, 2009 - Issue of marksheets - The appellant has completed the BA.LLB program but was initially denied marksheets due to clerical errors; the Court emphasized the university's responsibility for record accuracy and student welfare, concluding that no factual dispute warranted further litigation. (Paras 18-22) (B) Administr...
S. Nagesh VS Shobha S. Aradhya
(1) Cognizance of offence – Power conferred upon Court to take cognizance of a belated complaint is subject to complainant first satisfying Court that he had sufficient cause for not making complaint ....
Negotiable Instruments Act, 1881 – Sections 138 and 142 – Criminal Procedure Code, 1973 – Section 482 [Section 528 of BNSS] – Dishonour of cheque – Cognizance of offence – Power conferred upon Court to take cognizance of a belated complaint is subject to complainant first satisfying Court that he had sufficient cause for not making complaint within time – Satisfaction in that regard, resulting in ...
UV Asset Reconstruction Company Limited VS Electrosteel Castings Limited
Keywords: guarantee, obligations, contract, financial covenants, interpretation, insolvency, NCLT, NCLAT, appeal, resolution plan
A Deed of Undertaking that lacks a clear promise to discharge a debtor’s obligation does not constitute a contract of guarantee under Section 126 of the Indian Contract Act, 1872.
(A) Insolvency and Bankruptcy Code, 2016 - Section 62 - Indian Contract Act, 1872 - Section 126 - Appeal regarding rejection of application under Section 7 of Code - The crux of the dispute was whether Clause 2.2 of Deed of Undertaking constituted a contract of guarantee, rendering an entity a guarantor for financial obligations - The court held that Clause 2.2 merely imposed an obligation to arra...
Prasanna Kasini VS State of Telangana
Keywords: transfer, bias, judicial independence, court proceedings, family ties, threat to life, woman rights, distance, unsubstantiated claims, reprehensible conduct
The transfer of proceedings was deemed unjustified, as familial relationships with court staff do not imply bias, reaffirming judicial independence.
(A) Criminal Procedure Code, 1973 - Transfer of proceedings - The appellant contends the transfer of C.C. No.136 of 2023 was unjustified due to potential bias, as relatives of the wife work in proximity to the court - Concerns about the wife's ability to prosecute the case at a distant location were raised - Arguments regarding the husband's allegations of threat and bias were considered - Court r...
Karnataka Lokayuktha Bagalkote District, Bagalkot VS Chandrashekar
Keywords: exoneration, criminal prosecution, disciplinary proceedings, standard of proof, corruption, Karnataka Lokayukta, evidence, acquittal, continuation, independent proceedings
Exoneration in a disciplinary proceeding does not automatically terminate criminal prosecution; both proceedings are governed by different evidentiary standards.
(A) Karnataka Lokayukta Act, 1984 - Disciplinary Proceedings - Criminal Prosecution - Standard of proof in disciplinary proceedings is preponderance of probabilities; in criminal proceedings, it is beyond reasonable doubt. Acquittal in criminal proceedings does not automatically absolve the accused in disciplinary proceedings when evidence qualifies as distinct. (Paras 2-9) (B) Exoneration in Disc...
Gurupada Bera VS Binod Kumar
Keywords: contempt, compliance, salary, teachers, hearing, representation, government, court directive, procedural fairness, state responsibility
Contempt proceedings emphasize the right to a fair hearing, necessitating that authorities provide opportunity for representation and consideration of claims in compliance with court directives.
(A) Constitution of India - Article 215 - Contempt of Court - Allegations of non-compliance with directions issued by Supreme Court regarding disbursement of salaries to part-time teachers - Petitioners allege breach of court orders, noting non-compliance from the State Government regarding salary payments due from July 2010 to December 2013 - Respondents claim payments have been disbursed. (Paras...
Abhay Kumar Patel VS State of Bihar
(1) Appointment – Even if relevant rules permit competent authority to set benchmarks at different stages of recruitment process, same must be done at any time before relevant stage is reached.
(2)....
(A) Service Law – Appointment – [Bihar Engineering Services Class-II Recruitment Rules, 2019 – Rule 8(5)] – Suitability of candidates for the purpose of appointment as per 2019 Rules has to be determined only as per marks obtained in written examination – Selection was to be based solely on marks obtained in written examination – There was no mention of weightage or age relaxation for contractual ...
Divjot Sekhon VS State of Punjab
Keywords: Admission Process, Sports Quota, Policy Change, Fairness, Transparency, Procedural Integrity, Favoritism, Criteria Modification, Legal Norms, Equity
Admission criteria for educational institutions must be firmly established prior to the application process to ensure transparency and prevent arbitrariness in selection, especially in competitive fie....
(A) Admission to MBBS/BDS Courses - Sports Quota - Prospective modification prohibited - Court reiterates that admission criteria must be established prior to the commencement of the admission process to ensure transparency and prevent arbitrariness. The change to include achievements from earlier classes (IX and X) contradicted existing policies, leading to claims of favoritism. (Paras 18, 24, 36...
Dalsukhbhai Bachubhai Satasia VS State of Gujarat
Keywords: Urban Land Ceiling, possession, abatement, mandatory notice, excess land, illegal occupation, dispossession, repealing act, land ownership, judicial review
Failure to issue notice under Section 10(5) of the ULC Act to possessors renders dispossession unlawful and results in the abatement of proceedings under Section 4 of the Repealing Act.
(A) Urban Land (Ceiling and Regulation) Act, 1976 - Sections 10 and 4 of the Repealing Act, 1999 - Appeal against dismissal of Writ Petitions - High Court held appellants were illegal occupants and dismissed their applications regarding possession and NOC - Court found the requirement for notice under Section 10(5) of the ULC Act to be mandatory, and absence of such notice implies unlawful disposs...
Kadirkhan Ahmedkhan Pathan VS Maharashtra State Warehousing Corporation
Keywords: jurisdiction, disciplinary proceedings, retirement, financial loss, pension rules, service regulations, authority, retiral benefits, sanction, procedural compliance
Institution of post-retirement disciplinary proceedings is invalid without specific provisions in applicable regulations, necessitating prior government sanction for such proceedings.
(A) Maharashtra Civil Services (Pension) Rules, 1982 - Rule 27 - Maharashtra State Warehousing Corporation (Staff) Service Regulations, 1992 - Jurisdiction - Institution of departmental proceedings against a retired employee in the absence of specific provision is invalid. (Paras 9, 24, 31) (B) Recovery of financial losses - Lack of legal authority to institute proceedings post-retirement for misc...
S. Shakul Hameed VS Tamil Nadu State Transport Corporation Limited
Keywords: disability, compensation, motor accident, income assessment, minimum wage, disability percentage, enhancement, legal precedent, appeal decision, Motor Vehicles Act
Minimum wage should be considered for income assessment in disability claims under the Motor Vehicles Act, and proper disability assessment must reflect Tribunal's determinations unless justifiable gr....
(A) Motor Vehicles Act, 1988 - Sections 163A and 166 - Compensation enhancement sought for a claimant with disability due to a motor accident - Tribunal initially awarded Rs.2,12,800; High Court enhanced it to Rs.2,23,000 - Issue of lost income claimed not substantiated, yet minimum wage should apply - Court rules income computed at Rs.5,000 monthly based on precedent, with a multiplier of 17 and ...
Jaswinder Singh @ Shinder Singh VS State of Punjab
Keywords: acquittal, double murder, lack of evidence, key witnesses, involvement, criminal procedure, testimony, circumstantial evidence, conviction, defense
Acquittal necessitates clear and compelling evidence of active participation in a crime; mere association is insufficient to uphold a conviction.
(A) Criminal Procedure Code, 1973 - Section 161 - Acquittal of accused - Appellant's conviction affirmed by High Court reversed since there was insufficient evidence to establish involvement in a double murder - Key witness did not substantiate any direct action by the appellant, while those identified the true perpetrators - Lack of incriminating evidence against the appellant led to acquittal. (...
Union of India VS G. Kiran
Keywords: cadre allocation, relaxed standards, reserved category, general category, examination rules, merit list, public service commission, judicial review, eligibility criteria, Supreme Court ruling
Reservation – For allocation of unreserved vacancy to a candidate of reserved category, selection must be on ‘General Standard’ without availing any ‘Relaxed Standard’ in either eligibility or selecti....
Service Law – Reservation – Indian Forest Service – [Rules, 1, 13, 14 and 17 of UPSC Exam Rules, 2013] – For allocation of unreserved vacancy to a candidate of reserved category, selection must be on ‘General Standard’ without availing any ‘Relaxed Standard’ in either eligibility or selection criteria – In case any ‘Relaxed Standard’ has been availed by him, his allocation of cadre would be as per...
IFGL Refractories Ltd. VS Orissa State Financial Corporation
Keywords: new industrial unit, subsidy, capital investment, estoppel, industrial policy, government representation, financial assistance, legal relationship, amalgamation, public interest
A new industrial unit under the industrial policy of 1989 is established if fixed capital investments occur post-effective date, independent from existing units; prior subsidies do not limit new unit ....
(A) Industrial Policy of 1989 - Clauses 2.7, 4.1, 4.4, 5.1, 11.4.4 - Definition of a ‘new industrial unit’ - The court found that the MM Plant unit qualified as a new industrial unit as it commenced operations post the effective date, with substantial fixed capital investments, which were distinct from the existing Indo Flogates unit. The respondents' refusal to disburse sanctioned subsidies was d...
Arvind Dham VS Directorate of Enforcement
Keywords: bail, prolonged detention, economic offenses, speedy trial, health concerns, fraud allegations, right to liberty, trial commencement, PMLA, judicial discretion
(1) Bail – Money Laundering – All economic offences cannot be classified into one group as it may involve various activities and may differ from one case to another – Court cannot categorize all offen....
(A) Prevention of Money Laundering Act, 2002 – Section 45 read with Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 – Constitution of India – Article 21 – Bail application – Rejection – Gravamen of allegation against appellant is that he is ultimate beneficiary of fraud which was a well- orchestrated scheme, executed at his behest, involving diversion and siphoning of public funds through...
Golden Food Products India VS State of Uttar Pradesh
(1) Allotment of Industrial Plot – Ordinarily, when large areas of industrial land are auctioned, overall price would be separately assessed as compared to smaller plots – Merely because selling price....
(A) Industrial Law – Allotment of Industrial Plot – Cancellation of bid – Ordinarily, when large areas of industrial land are auctioned, overall price would be separately assessed as compared to smaller plots – Merely because selling price or financial bids made by parties vis-à-vis smaller plots were concerned was higher per square metre cannot be a reason to also expect a very high price or a si...
State (NCT) of Delhi VS Khimji Bhai Jadeja
Amalgamation of complaints being part of same transaction – Consolidation of FIRs is permissible in law but that would depend upon conclusions to be arrived at after investigation.
Criminal Procedure Code, 1973 – Sections 220 and 223 [Sections 243 and 246 of BNSS] – Amalgamation of complaints being part of same transaction – Under Sections 220(1) Cr.P.C. and 223(a) and (d) Cr.P.C., consolidated charges can be framed against several accused persons in relation to several offences, if such offences are committed during course of same transaction – Precedential law has laid dow...
Commissioner of Customs (Import) VS Welkin Foods
Keywords: classification, customs, aluminium, machinery, structures, tariff, interpretation, appeal, explanatory notes, duty
Classification of imported goods under customs law must adhere to statutory definitions and general rules, emphasizing product characteristics over intended use, especially when 'use' is not explicitl....
(A) Customs Act, 1962 - Section 12(1) - Customs Tariff Act, 1975 - Chapters 76 and 84 - Classification of goods - The subject goods, aluminium shelves, were initially classified under CTI 84369900 as 'parts of agricultural machinery' by the appellant but reclassified by the CESTAT as 'aluminium structures' under CTI 76109010. The court examined the definitions and criteria under the Acts and Appea...
Shalini Bhateja VS State of U. P.
Arrest is not always necessary where charge-sheet has been filed.
Criminal Procedure Code, 1973 – Section 482 [Section 528 of BNSS] – Quashing petition – Three FIRs were registered in three different places – It is alleged that there was clear cheating involved in denying refund, which was already granted, but surreptitiously credited to another person’s account of same name – It is submitted that dispute if at all is civil in nature and there is no cause for in...
Adani Power Ltd. VS Union of India
Keywords: Customs duty, Special Economic Zone, Domestic Tariff Area, levy, judicial precedent, delegated legislation, refund, electricity, administrative power, constitutional law
Customs duty cannot be lawfully imposed on electricity generated in Special Economic Zones and supplied to Domestic Tariff Areas due to lack of a proper charging provision, reaffirming the authority s....
(A) Customs Act, 1962 - Section 12 - Special Economic Zones Act, 2005 - Section 30 - Appeal against the High Court's judgment denying relief from customs duty on electrical energy from SEZ to DTA - The court reaffirms that customs duty cannot be levied on electricity generated in SEZs that is supplied to Domestic Tariff Areas on the grounds of absence of a lawful charging event, misuse of exemptio...
Nirbhay Singh Suliya VS State of Madhya Pradesh
Keywords: disciplinary proceedings, judicial independence, error in judgment, corruption allegations, bail applications, Madhya Pradesh Excise Act, inquiry findings, judicial officer, removal order, evidence
Judicial officers cannot be penalized merely for error in judgment; substantial evidence of misconduct is necessary for disciplinary action, reinforcing the duty to protect judicial independence.
(A) Madhya Pradesh Excise Act, 1915 - Section 59-A - Removal of judicial officer after 27 years of service based solely on four bail orders criticized - The High Court found that the appellant did not refer to Section 59-A in these orders, establishing a reasoning of double standards against him. In total, he allowed fewer bail applications than he rejected, showing no bias. (Paras 2, 4, 23, 40) (...
Subhash Aggarwal VS Mahender Pal Chhabra
Agreement to Sell – Suit for Specific Performance – Equity must operate in a manner that prevents unjust enrichment and restores parties to their original position, as far as possible particularly whe....
Specific Relief Act, 1963 – Section 16(c) – Agreement to Sell – Suit for Specific Performance – Appeal by unsuccessful plaintiff – High Court vide impugned order set aside decree of specific performance earlier granted by Single Judge and dismissed suit for relief of specific performance – There is no straitjacket formula with regard to ‘readiness and willingness’ – Same has to be construed with r...
Motilal Oswal Financial Services Limited VS Santosh Cordeiro
Keywords: Arbitration, Non-arbitrability, Jurisdiction, Leave and License Agreement, Small Cause Court, Public Policy, Legal Provisions, Dispute Resolution, Agreement Validity, Force Majeure
Arbitration agreements under the Arbitration & Conciliation Act remain valid and binding despite exclusive jurisdiction claims by special statutes like the Presidency Small Cause Courts Act.
(A) Arbitration & Conciliation Act, 1996 - Section 11 - Presidency Small Cause Courts Act, 1882 - Section 41 - Appointment of arbitrator - Dispute regarding a Leave and License Agreement - The High Court allowed an application under Section 11 appointing an arbitrator for the dispute - Appellant contended the dispute was non-arbitrable due to Section 41, but the court noted jurisdiction issues reg...
Anjani Singh VS State of Uttar Pradesh
Keywords: Eyewitness Testimony, Inconsistent Evidence, Burden of Proof, Public Event, Criminal Acquittal, Prosecution Case, Benefit of Doubt, Fatalities, Visibility, Weapon Identification
Murder – Conviction and sentence cannot be sustained where prosecution has been consistent on material aspects of the case.
Indian Penal Code, 1860 – Sections 302/34, 307/34 and 504 – Murder, attempt to murder and intentional insult – Common intention – Conviction and sentence – Seized rifle was without its magazine and magazine was in possession of license holder – What is important is that magazine recovered from spot, could not be forensically connected with seized rifle – Insofar as country made pistol, alleged to ...
Bhagheeratha Engineering Ltd. VS State of Kerala
Keywords: Arbitration, Jurisdiction, Notice, Disputes, Contract, Award, Conduct, Binding, Waiver, Adjudication
The Supreme Court clarified that an Arbitral Tribunal's jurisdiction encompasses all disputes arising from a contract unless expressly limited, and failure to issue a notice under Section 21 of the Ac....
(A) Arbitration and Conciliation Act, 1996 - Section 21 - Dispute Resolution Clauses - The High Court set aside the Arbitration award on grounds of jurisdiction, contending that the Arbitrator exceeded his mandate by adjudicating disputes not specifically referred. It was observed that an Arbitral Tribunal's jurisdiction, once constituted, includes all disputes arising from the contract. The Supre...
HANUMAN vs RADHEYSHYAM BUNKAR
Keywords: compensation, enhancement, paraplegia, lifelong support, attendant care, wage inflation, decent living, permanent disability, court ruling, quantum
Compensation should cover lifelong care needs for disabled individuals, reflecting contemporary wage rates and ensuring a decent quality of life.
(A) Motor Vehicles Act, 1988 - Compensation - Enhanced amount of compensation from Rs.17,45,068/- to Rs.75,00,000/- awarded due to the appellant's condition of being paraplegic and requiring lifelong support - Court considered factors such as the need for full-time attendant care and inflation in wage rates since prior judgments. (Paras 4-11) (B) Quantum of Compensation - Court emphasized that com...
Gulfisha Fatima VS State (Govt. of NCT of Delhi)
Keywords: Prolonged Incarceration, Public Order, Constitutional Rights, Terrorism, Unlawful Activities Act, Conspiracy, Bail, Judicial Scrutiny, Fundamental Rights, Statutory Framework
(1) Right to personal liberty enshrined under Article 21 is of seminal importance, and prolonged pre-trial incarceration is a matter of serious constitutional concern – At the same time, where Parliam....
(A) Constitution of India – Article 21 – Unlawful Activities (Prevention) Act, 1967 – Section 43D (5) – Right to life and personal liberty – Article 21 occupies a central place in constitutional scheme – Right to life and personal liberty, and insistence that any deprivation must conform to procedure established by law, are foundational guarantees – Right to speedy trial has been recognised as an ...
Nak Engineering Company Pvt. Ltd. VS Tarun Keshrichand Shah
Keywords: improper impleadment, necessary party, service charges, jurisdiction, delay, appellant, successorship, legal standing, High Court, interlocutory order
An appellant seeking to be impleaded in a suit must establish necessary standing, which was not demonstrated here; hence, the dismissal was upheld.
(A) Constitution of India - Article 227 - Jurisdiction of High Court - Improper impleadment - The High Court erroneously set aside the order allowing the appellant’s impleadment in a suit for recovery of service charges by concluding the appellant was not a necessary party - The court reiterated the distinction between necessary and proper parties, affirming that a necessary party is one without w...
Panganti Vijaya VS United India Insurance Company Ltd.
Death in course of employment – Finding of fact recorded by Commissioner to the effect that deceased was employee of owner of vehicle which met with accident, cannot be interfered with by High Court.
Workmen’s Compensation Act, 1923 – Section 10 – Death in course of employment – High Court allowed appeal and set aside order of Commissioner, awarding compensation of Rs. 3,73,747/- along with 12% interest – Finding recorded by Commissioner was based on correct appreciation of evidence and did not suffer from perversity or legal infirmity – Commissioner had considered in addition to other materia...
Bhadra International (India) Pvt. Ltd. VS Airports Authority of India
Keywords: unilateral appointment, ineligibility, waiver, arbitration, public policy, jurisdiction, Consent, procedural fairness, impairment, dispute resolution
Unilateral appointment of an arbitrator is void if it violates Section 12(5) of the Arbitration Act; mere participation does not imply waiver without express written consent post-disputes.
(A) Arbitration and Conciliation Act, 1996 - Section 12(5) - Challenge to the appointment of a sole arbitrator and waiver of ineligibility - Arbitration agreement allowing unilateral appointment deemed void if the appointed arbitrator is ineligible per the Seventh Schedule - The court ruled that mere participation in arbitration does not waive the statutory objection to ineligibility without an ex...
Dharmendra Sharma VS M. Arunmozhi
Keywords: refund, compliance, directions, stamp papers, judicial orders, contempt, limitation, justice, public interest, interpretation
The court affirmed the necessity of compliance with judicial directives, ordering a refund despite statutory limitations on stamp paper refunds.
(A) Contempt of Courts Act, 1971 - Compliance with Court Directions - Petitioner alleged that the respondent failed to comply with the Supreme Court's earlier judgment regarding refund of non-judicial stamp paper costs. Court emphasized adherence to its directive and ordered refund within two months. (Paras 8 and 9) (B) Limitation for Refund - The ruling highlighted that refusal to refund exceeded...
Habeas Corpus Inapplicable to Child Custody Disputes Needing Detailed Welfare Inquiry: Delhi High Court
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No Sane Person De-Boards Running Train: Gujarat HC Upholds Rs 8 Lakh Compensation under Section 124A Railways Act
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Supreme Court Orders Action Against Noida Bar Strikes
30 Apr 2026
Delhi High Court Preserves Sunjay Kapur Assets Pending Trial
30 Apr 2026
PIL Dismissed with ₹25K Costs for Concealing Credentials & Pending Criminal Cases: Allahabad High Court
30 Apr 2026
Pendency of EP Against One Judgment Debtor No Bar to Proceed Against Guarantor: Andhra Pradesh High Court
30 Apr 2026
Madras High Court Denies Anticipatory Bail in Film Leak
30 Apr 2026
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