Kerala High Court Act, 1958 - Section 5 ; Contempt of Courts Act, 1971 - Section 19 - Appeal against an interlocutory order of a Single Judge of the Kerala High Court in contempt proceedings, where the High Court had only found a prima facie case of civil…

SC sets aside Delhi HC’s sewer-line directions, says courts can’t step into admin’s shoes

Code of Civil Procedure, 1908 - Section 2(2) - Partition Act, 1893 - Section 2– 4 - An Order made under Sections 2 to 4 of the Partition Act is also a deemed Decree within the meaning of Section 2(2) of the CPC. There is no need to

Unlawful Activities (Prevention) Act, 1967 - UAPA Act - Constitution of India - Article 21-22 - The statutory embargo of Section 43-D(5) must remain a circumscribed restriction that operates subject to the guarantee of Articles 21 and 22 of the Constitution.…

Indian Penal Code 1860 - Section 304A ; - Motor Vehicles Act, 1988 - Section 134(b),187; Probation of Offenders Act, 1958 - No legal aspects discussed in this judgement - The appellant, a BMTC bus driver, was convicted under Section 304-A IPC and Section…

Constitution of India - Article 21 -The right to live with dignity under Article 21 of the Constitution of India necessarily encompasses the right of every citizen to move freely and access public spaces without living under a constant apprehension of physical…

Is Crime Scene Re‑enactment Based Evidence Admissible In Criminal Trials?

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483 -Bail - The Supreme Court considered an appeal arising from the Allahabad High Court’s rejection of Rambalak’s second bail application, where the High Court had also reiterated wide‑ranging administrative…

Electricity Act, 2003, - Punjab State Grid Code, 2013 - SG Code in its operation and scheduling and despatch contemplates breach by the SGS on four facets : (i) over-injection and underinjection, covered in UI Regulations (ii) deviation, reckoned by the DSM…

Motor Accident Compensation - In a given case, while assessing the compensation, the Court may adopt the amount of minimum wages notified, if they are found higher than the rates of salary notified by the other authorities like the District Commissioner,…

Motor Accident Compensation - A skilled driver’s income should not be mechanically tied to minimum wage notifications when the claim is reasonable. [Context: In this case, the Supreme Court held that fixing the monthly income at only Rs. 1,800 was unconscionably…

Matrimonial - Transfer Petition - The husband challenged a Gujarat High Court order that had allowed the wife’s transfer application and moved his divorce case from the Family Court at Ahmedabad to Vadodara. The Supreme Court noted that the two minor children…

Gujarat Panchayats Act, 1993 - Section 30(1)(g) - Too restrictive an interpretation to the disqualification clause would frustrate the very object for which it is incorporated in the statute. [Context: The petitioner, a Sarpanch, challenged her removal under…

Will - When the validity of a Will is to be determined, the overall terms of a Will, the intention of the testator and the surrounding circumstances have also to be seen. Mere exclusion of the natural heirs from the property of the testator, by itself, cannot…

Legislation- Transitional provision - The function of a transitional provision is to make special provision for the application of legislation to the circumstances which exist at the time when the legislation comes into force . One feature of atransitional…

Criminal Trial - In the cases of circumstantial evidence when the chain of circumstances have been adequately proved to link to the culpability of the accused, motive is irrelevant. (Para 23) [Context: SC dismissed appeal of husband–accused against his conviction…

Practice and Procedure- Undertakings given by State Authorities- Constantly giving undertakings before a constitutional Court and thereafter resiling from them does not comport with the standards expected of a model employer. An undertaking recorded by a…

Constitution of India - Article 235 - The Registrar General of the High Court has absolutely no authority either in terms of the constitutional scheme or the statutory rules governing the service conditions of the judicial officers, to suo-moto initiate disciplinary…

Indian Penal Code 1860 - Section 506 - The act of video-recording the victim in a naked state while she was taking a bath and the threat to upload it on digital social media can be construed to be an act amounting to a threat to impute unchastity within the

Notes On Supreme Court Judgments