Supreme court
Supreme Court Annual Digest 2024- Code Of Civil Procedure (CPC)
SUPREME COURT ANNUAL DIGEST 2024 - CODE OF CIVIL PROCEDURE, 1908Section 9 and Order 7 Rule 1 - Jurisdictional Fact and Maintainability of Suit - The issue of maintainability of a suit pertains to the jurisdiction of the trial court and strikes at the root of the proceedings under Order VII Rule 1, CPC. A suit barred by law renders the trial court incompetent to entertain it. Even if a case is...
Know The Law | Why Police Require Magistrate's Approval To Investigate Non-Cognizable Offences? Supreme Court Explains
The Supreme Court (on January 02) stated that police could immediately investigate serious crimes classified as cognizable after receiving information. In contrast, non-serious or non-cognizable offences can only be investigated after an order of magistrate. The Bench of Justices B. V. Nagarathna and Nongmeikapam Kotiswar Singh explained that when it comes to non-cognizable offences,...
Supreme Court Quashes Cheating Case Against Goa MLA Jit Vinayak Arolkar
The Supreme Court on Monday (January 6) quashed a cheating case against Goa MLA Jit Vinayak Arolkar concerning alleged lang grabbing and fraudulent sale of property by ArolkarA bench of Justice Abhay Oka and Justice Ujjal Bhuyan allowed the appeal filed by Arolkar against Bombay High Court's decision to dismiss a petition filed by Arolkar seeking the quashing of the cheating case."In this...
Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court
The Supreme Court recently held that offences in the chargesheet cannot be based on bald assertions of connivance. There must be some substance to it. A bench of Justices C.T. Ravikumar and Sanjay Karol also held that if the intent prima facie is absent qua one of the offences in the same transaction, it is absent in respect of other offences as well. These observations were made in a...
Know The Law | Supreme Court Explains Doctrine of Relation Back In Hindu Succession & Adoption Laws
Applicable to various branches of civil law, the 'Doctrine of Relation Back' refers to a principle that creates a legal fiction where certain acts or rights are allowed to take effect retroactively from an earlier date than the actual date of occurrence. Because the rights came to be enforceable from an earlier date, thus the doctrine saves the person from the prejudice suffered between...
State Cannot Deny Retiral Benefits Citing Its Own Failure In Regularising Employee As Per Judicial Order : Supreme Court
The Supreme Court recently overturned the findings of the division bench of the Madhya Pradesh High Court and upheld the observations made by the single judge of the High Court directing pensionary benefits to be granted to a Mason in accordance with the findings of the Labour Court declaring the Appellant (Madanlal) as a permanent employee. A bench of Justices Dipankar Datta and Prashant...
'IBC A Complete Code' : Supreme Court Disapproves Of High Court Exercising Writ Jurisdiction To Interdict CIRP
Disapproving a High Court's order interdicting a Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code (IBC), the Supreme Court recently observed that the IBC is a complete code in itself, having sufficient checks and balances, and thus, the exercise of supervisory and judicial review powers by High Courts demands rigorous scrutiny and...
Motor Accident Claims - Tax Returns Can Be Accepted To Determine Income Only If They Are Appropriately Produced : Supreme Court
The Supreme Court, recently (on January 02), while deciding a motor accident compensation claim case, observed that monthly income could be fixed after taking into account the tax returns. However, the details of tax payment must be properly brought into evidence to enable the Tribunal/Court to calculate the income. The Bench of Justices C.T Ravikumar and Sanjay Karol were deciding...
2018 Amendment To Kerala Paddy Land Act Applicable Only To Conversion Applications Filed After Dec 30, 2017 : Supreme Court
The Supreme Court has held that the 2018 amendment made to the Kerala Conservation of Paddy Land and Wetland Act, 2008, which came into effect from 30.12.2017, is applicable only to applications for conversion of land which are filed after 30.12.2017.The previous applications, which were pending when the 2018 amendment came into force, should be decided as per the un-amended regime, the...
Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court
Observing that the principle of res judicata is not strictly applicable to the criminal proceedings, the Supreme Court recently ruled that the dismissal of a previous petition does not preclude the filing of a subsequent petition under Section 482 of the Cr.P.C if it is prompted by a change in the law. The Court rejected the argument that if the earlier petition had been withdrawn...
S.354 IPC | To Establish Mens Rea, Something More Than Vague Statements Must Be Produced : Supreme Court Quashes Chargesheet
The Supreme Court, recently (on January 02), observed that for Section 354 IPC (Assault or criminal force to woman with intent to outrage her modesty) to apply, criminal force must be used. Further, such application of force must be coupled with intention to outrage a woman's modesty.The Bench of Justices Sanjay Karol and C.T. Ravikumar added that in order to establish mens rea something...
All Supreme Court 2024 Annual Round-Up Reports In One Place
Here is a compilation of the Supreme Court annual round-up stories published regarding various judgments delivered in 2024.100 Important Judgments Of Supreme Court Of 2024 [All Parts]25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest2024 Round-Up| Constitution Bench Decisions Of Supreme CourtArbitration Act: Important Judgments By Supreme Court In 2024Supreme Court Yearly...