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Constitution of India, 1950 — Article 32 — Criminal Procedure Code, 1973 (CrPC) — Sections 154, 173 — Clubbing/Transfer of FIRs — Multiple FIRs registered against petitioners in different jurisdictions arising from same set of transactions relating to a real estate project — Held, multiplicity of FIRs and parallel investigations on same facts leads to avoidable multiplicity of proceedings, conflicting findings and serious prejudice to the accused — Principle laid down in T.T — Antony v — State of Kerala, (2001) 6 SCC 181, that there cannot be multiple FIRs for the same occurrence or transaction, squarely applies — FIR No. 30/2019 (EOW, Delhi) directed to be transferred and clubbed with FIR No. 439/2024 (Gurugram, Haryana) for investigation — Blanket direction restraining coercive steps in future FIRs declined, but petitioners permitted to avail remedies in law if future FIRs are based on the same transaction. Criminal Procedure Code, 1973 (CrPC) — Section 482 — Abuse of Process of Court — Discharge of Accused — Vague Allegations — Where allegations in FIR and charge sheet are general and do not specify the role of the accused, continuation of criminal proceedings amounts to abuse of process of court and may cause prejudice. Civil Procedure Code, 1908 (CPC) — Section 2(2), Order 20 Rule 18 — Preliminary vs. Final Decree — A Preliminary Decree declares rights and liabilities, leaving actual results to be worked out in further proceedings — A Final Decree is passed after further inquiries, completely disposing of the suit — A Preliminary Decree cannot be executed directly unless it is partly final — Provisions of Order 20 Rule 18 allow a court to pass a Preliminary Decree declaring rights and giving further directions if partition cannot be conveniently made without further inquiry in suits for partition of immovable property — The Supreme Court noted that the High Court erred by focusing on the nomenclature of the decree rather than its executable portions, especially when the property was not divisible by metes and bounds. Unlawful Activities (Prevention) Act, 1967 — Section 43-D(5) — Bail — Constitutional Courts’ power to grant bail — The Supreme Court reiterated that statutory restrictions on bail under the UAP Act do not oust the power of constitutional courts to grant bail on grounds of violation of fundamental rights, particularly the right to a speedy trial under Article 21 of the Constitution — The Court emphasized that the rigors of Section 43-D(5) can “melt down” when there is no likelihood of trial completion within a reasonable time and the period of incarceration is substantial. Penal Code, 1860 (IPC) — Section 304-A — Causing death by negligence — Motor Vehicles Act, 1988 — Section 134(b) and Section 187 — Duty of driver in case of accident and injury to a person and Punishment for offences relating to accident — Appeal against conviction and sentence — Driver convicted under Section 304-A IPC and Sections 134(b) and 187 MVA — High Court partly allowed revision, setting aside conviction for Section 279 IPC but maintaining conviction for Section 304-A IPC.

Constitution of India, 1950 – Article 14 – An appointment to the heirs of the employees on their retirement and/or superannuation shall be contrary to the object and purpose of appointment on compassionate grounds and is hit by Article 14 of the Constitution of India.

SUPREME COURT OF INDIA DIVISON BENCH AHMEDNAGAR MAHANAGAR PALIKA — Appellant Vs. AHMEDNAGAR MAHANAGAR PALIKA KAMGAR UNION — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

IPC Sections 376(2)(n) and 506 – Going by the allegations made in the First Information Report that the incident in question had occurred five months before the First Information Report was lodged and the attending circumstances, in our view, the case of anticipatory bail is made out.

SUPREME COURT OF INDIA DIVISON BENCH BEERBAL PRASAD RAJORIYA — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Uday Umesh Lalit, CJI. and S. Ravindra Bhat, JJ.…

Prevention of Corruption Act, 1988 – Section 13(2) read with 13(1)(e) – It is for the accused to account satisfactorily for the money/assets in his hands – Onus in this regard is on the accused to give satisfactory explanation – Accused cannot make an attempt to discharge this onus upon him at the stage of Section 239 of the CrPC. State appeal allowed.

SUPREME COURT OF INDIA DIVISON BENCH STATE THROUGH DEPUTY SUPERINTENDENT OF POLICE — Appellant Vs. R. SOUNDIRARASU ETC. — Respondent ( Before : Dinesh Maheshwari and J.B. Pardiwala, JJ. )…

Urban Land (Ceiling and Regulation) Act, 1976 – Section 10(1), 10(3) and 10(5) – Once the land stood vested with the Government compensation paid no justification for the appellants to claim deemed possession of the subject land in question and even if they are in physical possession, no right could be claimed in reference to the subject land by the appellants.

SUPREME COURT OF INDIA DIVISON BENCH GOPALBHAI PANCHABHAI ZALAVADIA (DEAD) THR LRS — Appellant Vs. STATE OF GUJARAT AND OTHERS — Respondent ( Before : Ajay Rastogi and Abhay S.…

Benami ownership – Where the first plaintiff had proved that the properties had been purchased, with his funds, and the sons were minors, with no source of income – Plaintiff also proved that he had possession of the property, by adducing positive evidence of tenants, who paid rent to him – Elements necessary to establish benami ownership within the meaning of Section 4(3)(a) of the Act.

SUPREME COURT OF INDIA FULL BENCH PUSHPALATA — Appellant Vs. VIJAY KUMAR (DEAD) THR. LRS. AND OTHERS — Respondent ( Before : Uday Umesh Lalit, S. Ravindrabhat and Sudhanshu Dhulia,…

Central Excise Act, 1944 – Section 173­L – HELD returned goods may be treated as a raw material and therefore the “value” of the raw material can be considered for the purpose of “value” while determining the refund under Section 173­L cannot be accepted – Denial of the refund is in consonance of Section 173­L (v) of the Central Excise Act – Appeal dismissed.

SUPREME COURT OF INDIA DIVISON BENCH M/S PEACOCK INDUSTRIES LTD. — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : M. R. Shah and Krishna Murari, JJ.…

Reduction of sentence – Court is required to go by the principle of proportionality – If undue sympathy is shown by reducing the sentence to the minimum, it may adversely affect the faith of people in efficacy of law – It is the gravity of crime which is the prime consideration for deciding what should be the appropriate punishment.

SUPREME COURT OF INDIA DIVISON BENCH SAHEBRAO ARJUN HON — Appellant Vs. RAOSAHEB S/O KASHINATH HON AND OTHERS — Respondent ( Before : Surya Kant and Abhay S. Oka, JJ.…

Civil Procedure Code, 1908 (CPC) – Section 2(12) – In the case of determination of a lease by the lease coming to an end, tenant would be liable to pay damages for use and occupation at the rate at which the landlord could have let out the premises on being vacated by the tenant

SUPREME COURT OF INDIA DIVISON BENCH INDIAN OIL CORPORATION LTD. — Appellant Vs. SUDERA REALTY PRIVATE LIMITED — Respondent ( Before : K.M. Joseph and Pamidi Ghantam Sri Narasimha, JJ.…

Gujarat Value Added Tax, 2003 – IBC – State is a secured creditor under the GVAT Act. Section 3(30) of the IBC defines secured creditor to mean a creditor in favour of whom security interest is credited. Such security interest could be created by operation of law – Definition of secured creditor in the IBC does not exclude any Government or Governmental Authority

SUPREME COURT OF INDIA DIVISON BENCH STATE TAX OFFICER (1) — Appellant Vs. RAINBOW PAPERS LIMITED — Respondent ( Before : Indira Banerjee and A.S. Bopanna, JJ. ) Civil Appeal…

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