Labour Laws -Industrial Disputes Act and other similarly situated legislations are social welfare oriented and have to be interpreted in the light of the values enshrined in the Preamble and the provisions of Part IV of the Constitution of India, more particularly…

Code of Criminal Procedure 1973 - Section 294- In case any document has been filed by the prosecution or the accused in any Court, such document is required to be included in a list. The genuineness of the documents included in the list can be ascertained…

Motor Accident Compensation - Man aged 95 years died in a road accident - The claimant-sons have failed to place any evidence on record to substantiate their dependency upon the deceased. The claimant-sons may be legal heirs, but not the dependents of the…

Environmental Law - The Supreme Court held that formaldehyde‑ manufacturing units in Rajasthan and Haryana, which had been validly established and operated on the basis of Consent to Establish and Consent to Operate granted by the State Pollution Control…

Motor Accident Compensation - Motor accident claim where a 14‑year‑old pillion rider suffered 100% permanent disability and challenged the limited enhancement granted by the Rajasthan High Court. The Supreme Court recalculated notional income on the basis…

Code of Criminal Procedure 1973 - Section 167(2) -A clear mandate exists restricting the custody of the accused for a period beyond 60 days or 90 days, as the case may be. If the investigation is not completed and chargesheet is not filed within the aforesaid…

Bharatiya Nagarik Suraksha Sanhita 2023- Section 482 : Code of Criminal Procedure 1973 - Section 438 - Practice to direct the applicant to surrender and apply for regular bail while rejecting the anticipatory bail prayer deprecated.

Putul Rai @ Putul Devi…

Code of Civil Procedure 1908 - Section 24- Order VII Rule 10 - There is a fine distinction between an order of return of plaint under Order VII Rule 10 and transfer of suit under Section 24 . The transfer of suit under Section 24 may be on any ground -

Arbitration and Conciliation Act, 1996 - Section 11 - In this case, Elecon Engineering, the Collaborator, was an inextricable and “veritable” party to the main contract between the Employer and the Contractor because the bid conditions required a Deed of…

Code of Criminal Procedure 1973 - Section 397-401 - In the absence of any challenge by the complainant seeking enhancement of sentence, the High Court, while exercising revisional jurisdiction at the instance of the accused, could not have placed the accused…

Specific Relief Act 1963 - Section 28 - (i) A decree for specific performance of a contract is in the nature of a preliminary decree and therefore, till the deed is executed pursuant to the decree, the Court that passed the decree is vested with the jurisdiction…

Electricity Act, 2003 - Section 2(5),14 - Railways is not a deemed distribution licensee under the third proviso to section 14 of the Electricity Act because its electrical network is an internal, captive system for self‑use and it neither operates a “distribution…

Hindu Succession Act, 1956 - Section 25 - The bar under Section 25 applies to both intestate and testamentary succession. A person accused of the murder of one from whom inheritance is claimed, is disentitled from asserting rights, not only under Section…

Code of Civil Procedure 1908 -Order XII Rule 6 - A decree can be passed under Order XII, Rule 6 CPC on the basis of an admission, whether it is contained in the pleadings or elsewhere. Such an admission may be in writing or may even be oral. No particular

NDPS Act - Section 37 - In a case under the NDPS Act, long duration of custody or the completion of investigation are not sufficient factors for enlarging the accused on bail. The accused persons seeking bail have to overcome the rigors of Section 37 of the…

Constitution of India - Article 226 - Disciplinary Proceedings - The findings of fact recorded by the disciplinary authority are not to be interfered with by the Court as a matter of course, particularly while exercising jurisdiction under Article 226 of…

Indian Penal Code 1860 - Section 34 -Mere presence of an accused without proof of participation or shared intention is insufficient to sustain a conviction with the aid of Section 34 IPC. (Para 23) Common intention implies a pre-arranged plan and prior meeting…

Indian Evidence Act 1872 - Section 106 -The ‘last seen’ theory can be applied only if the gap between the last sighting of the deceased and the accused together and the discovery of the deceased’s body is so proximate that it allows no possibility for the…

Constitution of India - Article 226 - Disciplinary Proceedings - High Court set aside the dismissal of a bank employee and remitted the matter to the Disciplinary Authority with a direction to impose any punishment other than dismissal or removal - SC held…

Contempt of Court - The Supreme Court upheld the Gujarat High Court’s finding that senior advocate and Bar Association President Yatin Oza committed criminal contempt by his press conference remarks (including calling the High Court a “gambling den”), holding…

Notes On Supreme Court Judgments