Supreme Court sets aside High Court order quashing FIR in breach of trust case: Digvijaysinh vs. State (2023) INSC 1045 (29 November 2023) LEGAL ISSUE: Whether the High Court should have quashed the FIR based on disputed questions of fact. CASE TYPE: Criminal Case Name: Digvijaysinh Himmatsinh Jadeja vs. The State of Gujarat & Ors. […]
Supreme Court Clarifies Eligibility for Resolution Applicants in MSME Insolvency Cases Date of the Judgment: 29 November 2023 Citation: 2023 INSC 1056 Judges: Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia Can a promoter of a company, facing insolvency, submit a resolution plan if the company is classified as a Micro, Small, and Medium Enterprise
Supreme Court Clarifies Stamp Act Applicability on Agreements to Sell: Vijay vs. Union of India (2023) LEGAL ISSUE: Applicability of Section 35 of the Indian Stamp Act, 1899 on unstamped agreements to sell executed before the 1989 amendment and admissibility of secondary evidence for such documents. CASE TYPE: Civil Law, Property Law, Stamp Duty Case
Supreme Court alters conviction from culpable homicide amounting to murder to culpable homicide not amounting to murder: Pop Singh & Ors. vs. State of Madhya Pradesh (2023) INSC 1038 (29 November 2023) LEGAL ISSUE: Whether the accused persons are liable for culpable homicide amounting to murder or culpable homicide not amounting to murder. CASE TYPE:
Supreme Court Clarifies Applicability of Standing Orders vs. CCA Rules in Disciplinary Proceedings for Workmen LEGAL ISSUE: Applicability of Central Civil Services (Classification, Control and Appeal) Rules, 1965 (CCA Rules) versus Standing Orders under the Industrial Employment (Standing Orders) Act, 1946 in disciplinary proceedings against workmen. CASE TYPE: Service Law/Industrial Law Case Name: Union of
Supreme Court Clarifies Eligibility for Primary Teachers: 18-Month D.El.Ed. Not Equivalent to 2-Year Diploma LEGAL ISSUE: Whether an 18-month Diploma in Elementary Education (D.El.Ed.) obtained through Open and Distance Learning (ODL) from the National Institute of Open Schooling (NIOS) is equivalent to a 2-year D.El.Ed. for the purpose of appointment as Assistant Teachers in primary
Supreme Court quashes criminal case against landlords in property dispute: Vishnu Kumar Shukla vs. State of Uttar Pradesh (2023) INSC 1026 (28 November 2023) LEGAL ISSUE: Whether a criminal case for house-trespass can be sustained against a landlord when the tenant’s claim of possession is based on a forged document. CASE TYPE: Criminal Case Name:
Supreme Court Upholds BSF’s Decision on Medical Unfitness in LDCE: Pavnesh Kumar vs. Union of India (2023) INSC 1025 LEGAL ISSUE: Whether a candidate, declared medically unfit in a detailed medical examination for a Limited Departmental Competitive Examination (LDCE), can claim fitness based on a prior routine medical check-up. CASE TYPE: Service Law Case Name:
Supreme Court quashes criminal charges against husband in matrimonial dispute: Abhishek Saxena vs. State of Uttar Pradesh (2023) INSC 1088 (28 November 2023) LEGAL ISSUE: Whether criminal charges of voluntarily causing hurt, extortion and criminal breach of trust can be sustained in a matrimonial dispute where the basic ingredients of these offences are not met.
Supreme Court acquits accused due to flawed Section 313 CrPC examination in NDPS case (24 November 2023) LEGAL ISSUE: Whether a conviction can be sustained if material circumstances are not put to the accused during their examination under Section 313 of the Code of Criminal Procedure, 1973. CASE TYPE: Criminal Law, Narcotic Drugs and Psychotropic
Supreme Court Upholds Insurance Claim, Dismissing New India Assurance Appeal: Mudit Roadways Case LEGAL ISSUE: Whether an insurance company can reject a claim based on grounds not stated in the initial repudiation letter and the extent of surveyor’s report in determining insurance liability. CASE TYPE: Insurance Law, Consumer Law Case Name: New India Assurance Co.
Supreme Court Reduces Murder Conviction to Culpable Homicide in Land Dispute Case LEGAL ISSUE: Whether the act of the accused falls under culpable homicide amounting to murder or culpable homicide not amounting to murder. CASE TYPE: Criminal Law Case Name: Mariappan vs. State Rep. by Inspector of Police Judgment Date: 24 November 2023 Date of
Supreme Court Reduces Murder Conviction to Culpable Homicide in Land Dispute Case Read Post »
