KEYWORDS:-RAPE AND MURDER-INTENTION-VICTIM NOT DIED INSTANTLY DATE: September 15, 2016 To hold that the accused is liable under Section 302 IPC what is required is an intention to cause death or knowledge that the act of the accused is likely to cause death. The intention of the accused in keeping the deceased in a supine position,… Read More Govindaswamy v. State of Kerala [ ALL SC 2016 SEPTEMBER]
KEYWORDS:-INVESTIGATION TO BE COMPLETED WITHIN TIME FRAME MANNER -DIRECTION BY MAGISTRATE- Registration of an F.I.R. involves only the process of recording the substance of information relating to commission of any cognizable offence in a book kept by the officer incharge of the concerned police station. The police should conduct a thorough investigation and complete the… Read More Hamant Yashwant Dhage Vs. State of Maharashtra and Others [SC 2016 FEBRUARY]
Keywords:- Domestic violence- Amendment of the Complaint If the power to amend the complaint/application etc. is not read into the aforesaid provision, the very purpose which the Act attempts to sub-serve itself may be defeated in many cases. Decided On:-APRIL 18, 2016 SUPREME COURT OF INDIA Kunapareddy @ Nookala Shanka Balaji Vs. Kunapareddy Swarna Kumari… Read More Kunapareddy @ Nookala Shanka Balaji Vs. Kunapareddy Swarna Kumari & ANR [SC 2016 April]
KEYWORDS:- Letters Patent- DATE : 25 February, 2016- This judgment only decided that a difference between two Judges of the Punjab and Haryana High Court would have to be decided in accordance with the provisions of Section 98(2) of the Code of Civil Procedure because Section 98(3) of the Code of Civil Procedure would not apply,… Read More Pankajakshi(Dead) Through L.Rs. vs Chandrika & Ors [ SC 2016 February]
Keywords: Letters Patent- Appellate Jurisdiction of High Court If the purpose behind the requirement of a matter to be heard by a Bench of not less than two Judges is to be achieved, in the event of the two Judges being unable to agree either on facts or on law, the matters should be heard… Read More Pankajakshi(Dead) Through L.Rs. … vs Chandrika & Ors[SC 2016 Feb] Constitution Bench
KEYWORDS:- Protected tenant-Lease-Binding Judgment-Precedent- DATE:- 20-01-2016 The provisions of the SARFAESI Act cannot be used to override the provisions of the Rent Control Act. ACTS:-The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002-The Maharashtra Rent Control Act, 1999 Bench: V. Gopala Gowda, Amitava Roy IN THE SUPREME COURT OF INDIA CRIMINAL/CIVIL… Read More VISHAL N. KALSARIA Vs. BANK OF INDIA & ORS [SC 2016 JANUARY]RC
Key Words:-Domestic Violence-Adult male-constitutional validity The words “adult male” in Section 2(q) of the 2005 Act will stand deleted since these words do not square with Article 14 of the Constitution DATE : 06-10-2016 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 10084 of 2016 (ARISING OUT OF SLP (CIVIL) NO.… Read More HIRAL P. HARSORA AND ORS. VERSUS KUSUM NAROTTAMDAS HARSORA AND ORS [SC 2016 OCTOBER] DV
This Court held that a writ of certiorari can be issued for correcting errors of jurisdiction committed by inferior courts or tribunals. It was further held that jurisdiction of High Court under Article 226 to issue a writ of certiorari is a supervisory jurisdiction and the High Court exercising it is not entitled to act as an appellate court.… Read More Pratap Mehta Vs. Sunil Gupta & Ors.[ALL SC 2018 November]
Securities and Exchange Board of India CIRCULAR SEBI/HO/IMD/DF2/CIR/P/2018/137 October 22, 2018 All Mutual Funds (MFs)/ Asset Management Companies (AMCs)/ Trustee Companies/ Boards of Trustees of Mutual Funds/ Registrar and Transfer Agents (RTAs)/ Association of Mutual Funds in India (AMFI) Sir / Madam, Subject: Total Expense Ratio (TER) and Performance Disclosure for Mutual Funds A. Transparency in… Read More SEBI CIRCULAR-Total Expense Ratio (TER) and Performance Disclosure for Mutual Funds-October 22, 2018
While identifying the relevant market in a given case, the CCI is required to look at evidence that is available and relevant to the case at hand. The CCI has to define the boundaries of the relevant market as precisely as required by the circumstances of the case. Where appropriate, it may conduct its competition… Read More COMPETITION COMMISSION OF INDIA Vs. CO-ORDINATION COMMITTEE OF ARTISTS AND TECHNICIANS OF W.B. FILM AND TELEVISION [ALL SC 2017 MARCH]
The apex court’s five-judge Constitution bench was unanimous in striking down Section 497 of the Indian Penal Code dealing with the offence of adultery, holding it as manifestly arbitrary, archaic and violative of the rights to equality and equal opportunity to women… Read More Joseph Shine Vs. Union of India [ALL SC 2018 SEPTEMBER]
September 07, 2018 – Direct Recruitment-Supreme Court discussed the following issues for decision:
I Whether the Railways is bound by the rules framed by the DoPT or it can frame its own rules and whether the IREM has statutory force?
II Whether Shri R.K. Kushwaha, the direct recruit had laid challenge to the rules, which provide for giving weightage in the seniority to the promotee officers?
III Whether the findings of the CAT in respect of N.R. Parmar’s case (supra) was limited to removing the arbitrariness only in respect of ‘DITS’?
IV Whether by issuing the memorandum dated 05.03.2018 amendment/modifying rules 327341 the Railways have violated the order issued by the CAT?
I Whether the Railways is bound by the rules framed by the DoPT or it can frame its own rules and whether the IREM has statutory force?… Read More Prabhat Ranjan Singh & ANR. Vs. R.K. Kushwaha & Ors. [ALL SC 2018 September]
SEPTEMBER 07, 2018 : Ordinarily wherever the word ‘substitute’ or ‘substitution’ is used by the legislature, it has the effect of deleting the old provision and make the new provision operative. The process of substitution consists of two steps: first, the old rule is made to cease to exist and, next, the new rule is brought into existence in its place. The rule is that when a subsequent Act amends an earlier one in such a way as to incorporate itself, or a part of itself, into the earlier, then the earlier Act must thereafter be read and construed as if the altered words had been written into the earlier Act with pen and ink and the old words scored out so that thereafter there is no need to refer to the amending Act at all. No doubt, in certain situations, the Court having regard to the purport and object sought to be achieved by the Legislature may construe the word “substitution” as an “amendment” having a prospective effect.… Read More Gottumukkala Venkata Krishamraju Vs. Union of India & Ors. [ALL SC 2018 SEPTEMBER]
Criminal Law — Murder — Last seen theory — The conclusion of the Trial Judge appears inherently contradictory when he holds that the police had nothing to do with the dispensation of justice and it was the duty and prerogative of the Court and investigation was only a formality. This conclusion, to say the least, runs completely contrary to the concept of criminal jurisprudence and are therefore unacceptable. The Trial Judge has then reversed the entire principle of criminal jurisprudence by holding that even though the prosecution has not placed concrete and satisfactory evidence but because there was suspicion against the appellants and they had not led proper evidence in support of their defence, they must be presumed to be guilty. This principle is clearly unsustainable in law.… Read More JAGESHWAR CHOUHAN AND ANOTHER Vs. STATE OF M.P. [ALL HC 2016 JANUARY CHHATTISGARH]
September 07, 2018: LAND ACQUISITION-Any act done by the parties in relation to the subject matter of the appeals after the impugned order, cannot be pressed into service to support the impugned order. In other words, the legality and correctness of the impugned order has to be examined in the light of reasoning contained in the impugned order and not on the basis of the acts done by the parties subsequent to the passing of impugned order. It is for this reason the acts done by the party subsequent to passing of the impugned order are of no relevance for deciding the present appeals. APPEAL ALLOWED.… Read More Mysore Urban Development Authority Vs. K.M. Chikkathayamma & Ors.[ALL SC 2018 September]