Notes On Supreme Court Judgments

Constitution of India - Article 226 - Judicial Review ; Environmental Law - Doctrine Of Sustainable Development - Precautionary principle ; Administrative Law ; Punjab Regional and Town Planning and Development Act

Code of Criminal Procedure 1973 - Section 438 ; Bharatiya Nagarik Suraksha Sanhita 2023 - Section 482 - Anticipatory bail may be granted by the Court even in a case of murder provided the Court is convinced that the accused persons praying for anticipatory…

NDPS Act - Anticipatory Bail - The accused not named in the Crime/FIR, though the car from which the contraband was seized belongs to him - SC allows his appeal and grants him anticipatory bail - On state submission that the investigation, the accused has…

Code of Criminal Procedure 1973 - Section 451,457 - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 497,503 - Narcotic Drugs and Psychotropic Substances(Seizure, Storage, Sampling and Disposal) Rules, 2022 - Rules of 2022 cannot be interpreted as divesting…

Code of Criminal Procedure, 1973 - Section 197 ; Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 217 ; Prevention of Corruption Act, 1988 - Deemed Sanction Concept - In this case, High Court directed: All the competent authorities including His Excellency…

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Indian Penal Code 1860 - Section 306,107 -The surviving partner in a mutual suicide pact is legally culpable- A suicide pact involves mutual encouragement and reciprocal commitment to die together. The survivor’s presence and participation…

Will Section 27 Evidence Act apply when the accused at the time of the statement is not in the custody of the police?

Can victim compensation provision be treated as a substitute of sentence ?

Cancellation of Bail - Past criminal record and the conduct of the accused ignored.

Constitution of India - Article 12,226 ; Democracy - Nepotism and Self-aggrandizement

Indian Penal Code 1860 - Section 375 - Protection of Children from Sexual Offences Act, 2012 - Attempt to Rape ; Judiciary - Judgment -Guidelines to inculcate sensitivity and compassion in judges

Interest Act, 1978 - The object of the Interest Act, 1978 is to mandate the payment of interest to the parties in the absence of, or any vacuum in the agreement, or where the interest so fixed is contrary to law, being in the nature of an exorbitant charge.…

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Motor Accident Compensation - In this case, the deceased was travelling in the subject tempo along with Ganesh Idol, which was taken for immersion - SC held: The dominant purpose for hiring the vehicle was not for travelling but for carrying the Ganesh idol…

Limitation Act, 1963 - Article 135 - Limitation for enforcement of a decree granting a mandatory injunction - When the decree passed by the First Appellate Court did not specify any date for performance, the limitation period would commence from the date…

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Chhattisgarh Niji Kshetra Vishwavidyalaya Act, 2002 - The Supreme Court held that librarians appointed by the State of Bihar, who had obtained B.Lib degrees from the University of Technology and Science, Raipur, under the Chhattisgarh…

IBC- Initiation of CIRP by financial creditor and an operational creditor - Distinction and scope.

Constitution of India - Article 226 - Public Auction ; Precedent - Contradictory Orders

Code of Civil Procedure 1908 - Order XXXIX Rule 2A

Juvenile Justice (Care and Protection) Act, 2015 - Section 9(2)- The plea of juvenility may be raised before any Court and it shall be recognized at any stage, even after the final disposal of the case - Whenever a claim of juvenility is raised, an inquiry…