Month: May 2023

Shiv Sena Case – Appointment of Mr. Shinde – Speaker by recognising the action of a faction of the SSLP without determining whether they represented the will of the political party acted contrary to the provisions of the Tenth Schedule, the 1986 Rules, and the Act of 1956 – Decision of the Speaker recognising Mr. Shinde as the Leader is illegal.

SUPREME COURT OF INDIA CONSTITUTION BENCH SUBHASH DESAI — Appellant Vs. PRINCIPAL SECRETARY, GOVERNOR OF MAHARASHTRA AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI., MR Shah,…

State of Meghalaya seeks to assert its right to do business in lotteries under Article 298(b) and its executive power to do so would be subject to parliamentary legislation, viz., the Act of 1998, the grievances raised by it in that context would constitute disputes which fall squarely within the four corners of Article 131 of the Constitution.

SUPREME COURT OF INDIA DIVISION BENCH STATE OF MEGHALAYA — Appellant Vs. UNION OF INDIA & OTHERS — Respondent ( Before : Dinesh Maheshwari and Sanjay Kumar. JJ. ) Original…

(CrPC) – S 313 – (IPC) – Ss 302 read with 120B – Murder – Criminal Trial – Examination of accused – Failure to put material circumstances to the accused amounts to a serious irregularity – It will vitiate the trial if it is shown to have prejudiced the accused – Conviction and sentence is set aside – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH RAJ KUMAR @ SUMAN — Appellant Vs. STATE (NCT OF DELHI) — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. )…

Rape of a minor by Inspector – High Court ought to have been to confine itself to the acceptance/rejection of the prayer for bail made by the accused under Section 439 of the Code; however the High Court, being satisfied that there were, in its opinion, grave lapses on the part of the police/investigative machinery, which may have fatal consequences on the justice delivery system, could not have simply shut its eyes.

SUPREME COURT OF INDIA DIVISION BENCH SANJAY DUBEY — Appellant Vs. THE STATE OF MADHYA PRADESH AND ANOTHER — Respondent ( Before : Krishna Murari and Ahsanuddin Amanullah, JJ. )…

Tamil Nadu Cultivating Tenants Protection Act, 1955 – Sections 3 and 4 – – eviction of the cultivating tenant at the behest of the landlord is circumscribed, by the Act – Hence, the court is required to ensure that even the limited ground(s) for eviction by the landlord of the cultivating tenant, are not frustrated by granting some extra benefit or indulgence to the cultivating tenant.

SUPREME COURT OF INDIA DIVISION BENCH K. CHINNAMMAL (DEAD) THROUGH LRS. AND OTHERS — Appellant Vs. L.R. EKNATH AND ANOTHER — Respondent ( Before : Krishna Murari and Ahsanuddin Amanullah,…

Greater inconvenience is likely to be caused by passing any interim order of constitution of CoC in relation to the corporate debtor as a whole; and may cause irreparable injury to the home buyers – This Court are not inclined to alter the directions in the order impugned as regards the projects other than Eco Village-II.

SUPREME COURT OF INDIA DIVISION BENCH INDIABULLS ASSET RECONSTRUCTION COMPANY LIMITED — Appellant Vs. RAM KISHORE ARORA AND OTHERS — Respondent ( Before : Dinesh Maheshwari and Sanjay Kumar, JJ.…

Constitution of India, 1950 – Clauses 5 and 6(2) of Fifth Schedule and Article 19(1)(e) – Whether a non Tribal has the right to vote in a Scheduled Area – Right to vote will be governed by Part III of the 1950 Act – Every eligible voter is entitled to be registered in the electoral roll of a constituency, in which he is ordinarily residing – Therefore, any person eligible to vote who is ordinarily residing in the Scheduled Area has a right to vote, even if he is a non­ Tribal.

SUPREME COURT OF INDIA DIVISION BENCH ADIVASIS FOR SOCIAL AND HUMAN RIGHTS ACTION — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Abhay S. Oka and…

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