Govindaswamy v. State of Kerala [ ALL SC 2016 SEPTEMBER]

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]

Hamant Yashwant Dhage Vs. State of Maharashtra and Others [SC 2016 FEBRUARY]

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]

Kunapareddy @ Nookala Shanka Balaji Vs. Kunapareddy Swarna Kumari & ANR [SC 2016 April]

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]

Pankajakshi(Dead) Through L.Rs. vs Chandrika & Ors [ SC 2016 February]

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]

Pankajakshi(Dead) Through L.Rs. … vs Chandrika & Ors[SC 2016 Feb] Constitution Bench

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

VISHAL N. KALSARIA Vs. BANK OF INDIA & ORS [SC 2016 JANUARY]RC

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

HIRAL P. HARSORA AND ORS. VERSUS KUSUM NAROTTAMDAS HARSORA AND ORS [SC 2016 OCTOBER] DV

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

JAGESHWAR CHOUHAN AND ANOTHER Vs. STATE OF M.P. [ALL HC 2016 JANUARY CHHATTISGARH]

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]

Mysore Urban Development Authority Vs. K.M. Chikkathayamma & Ors.[ALL SC 2018 September]

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]

Navtej Singh Johar & Ors. Vs. Union of India through Secretary, Ministry of Law and Justice [ALL SC 2018 September]

September 6, 2018:-SECTION 377of IPC-Homosexuality-It is declared that insofar as Section 377 criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15, 19, and 21 of the Constitution. It is, however, clarified that such consent must be free consent,… Read More Navtej Singh Johar & Ors. Vs. Union of India through Secretary, Ministry of Law and Justice [ALL SC 2018 September]

Maj. Amod Kumar Vs. Union of India & ANR. [ALL SC 2018 SEPTEMBER]

September 6, 2018-Writ Petitions under Article 32-Army Service Corps-The Officers belonging to the ASC, Army Ordinance Corps, and Electronic and Mechanical Engineers, i.e. the services stream, do not constitute a common cadre with those serving in the Arms, and Arms Support for the purposes of promotion.4 As a result, they were not entitled to be considered for promotion to the rank of Colonel against the vacancies created in pursuance of the implementation of the AVS Committee Report.

The Petitioners have contended that the Posting Orders passed by the Respondents posting them to operational areas/units is violative of their Fundamental Rights guaranteed by Articles 14 and 21 of the Constitution. The Petitioners have, however, failed to substantiate how their Fundamental Rights have been violated. Postings and transfers are a necessary incident of service. Hence, the grievance, if any, cannot be entertained under Article 32.… Read More Maj. Amod Kumar Vs. Union of India & ANR. [ALL SC 2018 SEPTEMBER]

S.K. Raju @ Abdul Haque @ Jagga Vs. State of West Bengal [ALL SC 2018 SEPTEMBER]

September 05, 2018: Section 42 OF NDPS ACT-An empowered officer under Section 42(1) is obligated to reduce to writing the information received by him, only when an offence punishable under the Act has been committed in any building, conveyance or an enclosed place, or when a document or an article is concealed in a building, conveyance or an enclosed place. Compliance with Section 42, including recording of information received by the empowered officer, is not mandatory, when an offence punishable under the Act was not committed in a building, conveyance or an enclosed place. Section 43 is attracted in situations where the seizure and arrest are conducted in a public place, which includes any public conveyance, hotel, shop, or other place intended for use by, or accessible to, the public-CONVICTION UPHELD.… Read More S.K. Raju @ Abdul Haque @ Jagga Vs. State of West Bengal [ALL SC 2018 SEPTEMBER]

St Xavier’s University, Kolkata Act, 2016

Whereas it is expedient to constitute and incorporate the St. Xavier’s University, Kolkata to enable it to function efficiently as a University encouraging and providing for instruction and research in various branches of learning and courses of study, promoting advancement and dissemination of knowledge and learning, and extending higher education, to meet the growing needs of the society,… Read More St Xavier’s University, Kolkata Act, 2016