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…
Request of recusal is nothing but an attempt to indulge in Forum Shopping and Bench Hunting and to avoid the Bench with mala fide intention – Prayer for recusal is rejected.
SUPREME COURT OF INDIA DIVISION BENCH SANJIV KUMAR RAJENDRABHAI BHATT — Appellant Vs. STATE OF GUJARAT AND ANOTHER — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Police officers duty bound to be vigilant before invoking any provision of a very stringent statute, like the SC/ST Act, which imposes serious penal consequences on the concerned accused.
SUPREME COURT OF INDIA DIVISION BENCH SRI GULAM MUSTAFA — Appellant Vs. THE STATE OF KARNATAKA AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and Ahsanuddin Amanullah, JJ. )…
Arbitration and Conciliation Act, 1996 – Sections 34 and 37 – If an Arbitrator construes the term of contract in a reasonable manner, the award cannot be set aside with reference to the deduction drawn from construction
SUPREME COURT OF INDIA DIVISION BENCH RELIANCE INFRASTRUCTURE LTD. — Appellant Vs. STATE OF GOA — Respondent ( Before : Dinesh Maheshwari and Sanjay Kumar, JJ. ) Civil Appeal No.…
Essential Commodities Act, 1955 – Section 7 – Probation of Offenders Act, 1958 – Section 4 – Probation – Even if minimum sentence is provided in the EC Act, 1955 the same will not be a hurdle for invoking the applicability of provisions of the Probation of Offenders Act, 1958
SUPREME COURT OF INDIA DIVISION BENCH TARAK NATH KESHARI — Appellant Vs. STATE OF WEST BENGAL — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Criminal…
(CrPC) – Section 102 – Power of police officer to seize certain property.- If a criminal investigation against unrelated party that is not related to company, bank account of a company cannot be freeze.
SUPREME COURT OF INDIA DIVISION BENCH M/S. JERMYN CAPITAL LLC DUBAI — Appellant Vs. CENTRAL BUREAU OF INVESTIGATION AND OTHERS — Respondent ( Before : Krishna Murari and Sanjay Kumar,…
Constitution of India, 1950 – Article 239AA – Special provisions with respect to Delhi – Lieutenant Governor is bound by the aid and advice of the Council of Ministers of NCTD in relation to matters within the legislative scope of NCTD.
SUPREME COURT OF INDIA CONSTITUTION BENCH GOVERNMENT OF NCT OF DELHI — Appellant Vs. UNION OF INDIA — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI., Mr Shah, Krishna…