Atbir VS State of NCT of Delhi - 29 Apr 22

Furlough – When furlough is an incentive towards good jail conduct, even if person is otherwise not to get any remission and has to remain in prison for whole of reminder of his natural life, that does not, as a corollary, means that his right to seek furlough is foreclosed.

India - Supreme Court


Waqf Board, Rajasthan VS Jindal Saw Limited - 29 Apr 22

Declaration as Waqf – In absence of any proof of dedication or user, a dilapidated wall or a platform cannot be conferred a status of a religious place for the purpose of offering prayers/Namaz.

India - Supreme Court


National Medical Commission VS Pooja Thandu Naresh - 29 Apr 22

S(1) Grant of Medical Degree – National Medical Commission is not bound to grant provisional registration to student who has not completed entire duration of course from Foreign Institute including clinical training.(2) Without practical training, there cannot be any Doctor who is expected to take care of citizens of country.

India - Supreme Court


Bharat Sanchar Nigam Limited VS Sandeep Choudhary - 28 Apr 22

Reservation – Merit must be given precedence and if candidates, who belong to SCs, STs and OBCs have secured higher marks or are more meritorious, they must be considered against seats meant for unreserved candidates.

India - Supreme Court


Union of India VS Mukesh Kumar Meena - 28 Apr 22

Departmental Examination – Benefit of grace marks was not to allow reserved category candidate to switch over to general category – CBDT introduced grace marks policy with the purpose of enabling marginally failing candidates to pass in examination.

India - Supreme Court


Rajasthan Financial Corporation Jaipur VS Jain Bandhu Sneh Resorts Private Limited - 27 Apr 22

Auction Sale of Mortgaged Asset – Sale in favour of Auction Purchaser cannot be set aside only on the ground that Corporation has not taken into account escalation of prices in property.

India - Supreme Court


Rathish Babu Unnikrishnan VS State (Govt. of NCT of Delhi) - 26 Apr 22

S(1) Dishonour of cheques – Legal presumption of cheque having been issued in discharge of liability must also receive due weightage.(2) To non-suit complainant, at the stage of summoning order, when factual controversy is yet to be canvassed and considered by trial court will not be judicious.(3) When proceedings are at a nascent stage, scuttling of criminal process is not merited.

India - Supreme Court


KALYANI (DEAD) THROUGH LRS. VS SULTHAN BATHERY MUNICIPALITY - 26 Apr 22

S(1) Article 300A though not a fundamental right but nevertheless it has status of being a constitutional or a statutory right.(2) Acquisition of land – Non-payment of compensation would be arbitrary and unreasonable.

India - Supreme Court


Shraddha Gupta VS State of Uttar Pradesh - 26 Apr 22

S(1) A person against whom a single FIR/charge sheet is filed for any of anti-social activities mentioned in section 2(b) of Gangsters Act, 1986 can be prosecuted under Gangsters Act.(2) Provisions of statute are to be read and considered as it is.

India - Supreme Court


ASSET RECONSTRUCTION CO. (INDIA) LTD. VS CHIEF CONTROLLING REVENUE AUTHORITY - 26 Apr 22

Once a single instrument has been charged under a correct charging provision of Statute, Revenue cannot split instrument into two, because of reduction in stamp duty facilitated by a notification of Government.

India - Supreme Court


Akhilesh Prasad VS Jharkhand Public Service Commission - 26 Apr 22

India - Supreme Court


Kaithuami [L] Through Lrs. VS Ralliani - 26 Apr 22

India - Supreme Court


Satnam Singh VS Satnam Singh - 26 Apr 22

India - Supreme Court


MANIBEN MAGANBHAI BHARIYA VS DISTRICT DEVELOPMENT OFFICER DAHOD - 25 Apr 22

India - Supreme Court


P. RANJITHARAJ VS STATE OF TAMIL NADU - 25 Apr 22

India - Supreme Court


HARIS MARINE PRODUCTS VS EXPORT CREDIT GUARANTEE CORPORATION (ECGC) LIMITED - 25 Apr 22

S(1) An ambiguous term in an insurance contract is to be construed harmoniously by reading the contract in its entirety – If after that, no clarity emerges, then the term must be interpreted in favour of insured.(2) While interpreting insurance contracts, risks sought to be covered must also be kept in mind.

India - Supreme Court


State of Maharashtra VS 63 Moons Technologies Ltd. - 22 Apr 22

India - Supreme Court


Imran VS Mohammed Bhava - 22 Apr 22

S(1) Once bail has been granted it would require overwhelming circumstances for its cancellation.(2) Bail can be revoked by a superior court when previous court granting bail has ignored relevant material available on record, gravity of offence or its societal impact.

India - Supreme Court


Jafarudheen VS State of Kerala - 22 Apr 22

S(1) Court will have to be conscious of witness's credibility and other evidence produced when dealing with a recovery under Section 27 of Evidence Act.(2) To attract Section 149 of IPC, prosecution has to prove its foundational facts.(3) Recoveries are expected to be proved if relied upon by Court.(4) Mere delay in despatch of FIR to Magistrate by itself cannot be a sole factor in rejecting prosecution's case arrived at after due investigation.

India - Supreme Court


Anuj Singh @ Ramanuj Singh @ Seth Singh VS State of Bihar - 22 Apr 22

S(1) Testimony of a witness in a criminal trial cannot be discarded merely because of minor contradictions or omission.(2) Evidentiary value of a medical witness is very crucial to corroborate case of prosecution and it is not merely a check upon testimony of eyewitnesses.

India - Supreme Court


SUKHDEV SINGH S/O SH. PRITAM SINGH VS STATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY (HOME) TO THE GOVERNMENT OF HIMACHAL PRADESH - 22 Apr 22

Point of Law : Quash of Criminal proceedings – Compromise - Powers under section 482 have no limits. Of course, where there is more power, it becomes necessary to exercise utmost care and caution while invoking such powers.

India - Himachal Pradesh


SANJEEV KUMAR S/O SH. INDERJEET PRESENTLY VS STATE OF HIMACHAL PRADESH THROUGH SECRETARY HOME, H. P. SECRETARIAT, CHOTTA SHIMLA - 22 Apr 22

Point of Law : While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised; (i) to secure the ends of justice or (ii) to prevent an abuse of the process of any court.

India - Himachal Pradesh


RAMESH SINGH, S/O SH. JAGAT RAM VS STATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY (HOME) TO THE GOVERNMENT OF HIMACHAL PRADESH - 22 Apr 22

Point of Law : In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power-Quash of Criminal proceedings.

India - Himachal Pradesh


NAR SINGH SON OF SHRI JEETU VS STATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY (HOME) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA - 22 Apr 22

Point of Law : Decision as to whether a complaint or First Information Report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated.

India - Himachal Pradesh


State of Uttar Pradesh VS Uday Education and Welfare Trust - 22 Apr 22

India - Supreme Court