Supreme Court Judgement

VRS not in effect after 3 month notice ?

Lahari Gurrala | Symbiosis Law School, Hyderabad | 17th December 2019 STATE OF UTTAR PRADESH AND OTHERS vs SUDARSHANA CHATTERJEE Under Rule 56 of the Fundamental Rules of the Financial…

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Whether delay to approach the SC or any other Courts are acceptable or not?

Kritika Pandey | Maharaja Sayajirao University of Baroda | 17th December 2019 Ningappa Thotappa Angadi (Dead) through LRs. vs The Special Land Acquisition Officer and Another Facts: The Special Land…

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Future prospect & Age multiplier in respect of the deceased is an essential criterion in computing compensation in Motor Accident Claim Cases

Harshit Sharma | Amity Law School, Madhya Pradesh | 16th December 2019  Kunjan Sadana & Anr. V/s. Mahesh Kumar & Ors.  FACTS OF THE CASE The deceased, Yitesh Sadana @…

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400 225 Hshits1997

Power under Section 319 of CrPC is discretionary and an extraordinary power but must be exercised only where strong and cogent evidence occurs against a person from the evidence led before the court.

Niharika Sharma | Lloyd Law College | 18th December 2019 SAEEDA KHATOON ARSHI VS. STATE OF UP AND ORS., Criminal Appeal No. 1815 of 2019 Facts: An FIR was lodged…

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In a criminal case, remand is not to be ordered as a matter of due course

Lahari Gurrala | Symbiosis Law School, Hyderabad | 18th December 2019 KOOLI SASEENDHARAN & ORS vs STATE OF KERALA Criminal Appeal NO(S).1874-1875 of 2010. Facts of the case: On 12.10.1999…

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150 150 Lahari Gurrala

In a criminal case, remand is not to be ordered as a matter of due course.

Lahari Gurrala | Symbiosis Law School, Hyderabad | 19th December 2019 It is only if there is a mistrial or some technical issues have arisen that such an order may…

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The judgments of acquittal passed by the Trial Court may be reversed or otherwise disturbed only for very substantial and compelling reasons.

Lahari Gurrala | Symbiosis Law School, Hyderabad | 16th December 2019 UOI v. Dafadar Kartar Singh & Anr., Criminal Appeal Nos. 3-4 of 2015 Very substantial and compelling reasons exist…

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If a woman commits suicide within a period of seven years of marriage the court is not bound to presume that suicide has been abetted by her husband.

Rohit Pradhan | 27th November 2019 Gurjit Singh v. State of Punjab., CRIMINAL APPEAL Nos. 1492 ­- 1493 OF 2010 Matter: Four accused including appellant is charged under Section 304-B   and   Section   498¬A   of   the  …

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The Court during Judicial Review do not have the same power as that of an Appellate Authority.

Aashray Chaudhary | Symbiosis Law School, Hyderabad | 16th December 2019 Ram Murti Yadav vs. State of Uttar Pradesh and Another., Civil Appeal No(s). 8875 OF 2019 The court, in…

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Rules framed under the proviso to Article 309 of the Constitution cannot be extended to the employees of the Pay Jal Nigam, unless they adopt it.

LAHARI GURRALA | Symbiosis Law School, Hyderabad | 8th December 2019 DHARMENDRA PRASAD & ORS. Vs SUNIL KUMAR & ORS. | CIVIL APPEAL NO. 9247 OF 2019 Facts of the…

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560 315 Lahari Gurrala

To test if the person was in intoxicated state will be determined by his ability to understand the consequences of his act.

Shubhani Mittal | Vivekananda Global University | 16th December 2019 Suraj Jagannath Jadhav Vs. The State of Maharashtra, Criminal appeal no. 1885 of 2019 FACTS In this case, the appellant…

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560 315 Shubhani

Re-employment of a civil servant can be done by State Government by the powers conferred upon it under Article 162 of the Constitution.

Aashray Chaudhary | Symbiosis Law School, Hyderabad | 10th December 2019 THE STATE OF TELANGANA v. SRI MANAGIPET @ MANGIPET SARVESHWAR REDDY Facts of the case Through these Criminal appeals…

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Issues in the case of recovery of Rent & Eviction suit cannot be framed at the stage of Appeal.

Harshit Sharma | Amity Law School, Madhya Pradesh | 16th December 2019 Espire Infolabs Pvt Ltd. v/s. Sadhana Foundation Civil Appeal No. 9265/2019 FACTS OF THE CASE: The present appeal…

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560 315 Hshits1997
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Right of appeal is a statutory right which cannot be dismissed merely on the ground that the application filed by applicant under Order IX Rule 13 was dismissed.

Srishti Sneha | Symbiosis Law School, Hyderabad | 22nd November 2019 N. Mohan v. R. Madhu., Civil Appeal No. 8898 of 2019 FACTS The appellants in the instant case were…

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Is Post Convictional mental illness a mitigating factor?

Sridhruti Chitrapu | 24th November 2019 Introduction  Death sentence is awarded in the rarest of rare cases. It is given in certain exceptional cases after examining the aggravating and mitigating…

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Shiv Sena and Ors. Vs Union of India

Sridhruti Chitrapu | 26th November 2019 Introduction The concept of separation of powers has been introduced in our constitution in such way that it can be tailored as per the…

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Conviction can be made over Extra-Judicial Confession along with other Circumstantial Evidence in absence of ‘Evidence of last seen’.

Lahari Gurrala | Symbiosis Law School, Hyderabad | 9th December 2019  DARSHAN SINGH v. SATE OF PUNJAB., CRIMINAL APPEAL NO. 1688 OF 2009 FACTS: An FIR was lodged by Jarnail…

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560 315 Lahari Gurrala

Execution of a lease deed which is subsequent to the previous deed by a trustee of a foundation is valid though the trustee is removed before the execution of the subsequent lease deed.

Lahari Gurrala | Symbiosis Law School, Hyderabad | 10th December 2019 M/S Espire Infolabs Pvt. Ltd v. Sadhana Foundation., Civil Appeal No(s). 9265 of 2019 BACKGROUND The landlord – respondent…

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560 315 Lahari Gurrala

Is A Delay In Test Identification Parade Admissible.

Sarthak Khandelwal | Kirit P. Mehta School Of Law, NMIMS University, Mumbai | 14th December 2019 Raja vs. State by the inspector of police Facts of the Case: On 27.05.1999, plaintiff No.1…

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When a criminal proceeding is manifestly attended with mala fide and is maliciously instituted, the High Court will not hesitate in exercise of its jurisdiction under Section 482 Cr.P.C.

Rohit Pradhan | 23rd November 2019 Vineet Kumar & Ors. v. State of UP and Anr., CRIMINAL APPEAL NO.577 OF 2017 Facts: There have been lot of financial transaction which were made between the…

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Space tourism: Legal issues and challenges in reference to India

Kartikey Mishra | Presidency university | 9th November 2019 INTRODUCTION With the growing nature of the economy tourism for the most parts has been a major source of growth. Specially…

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Order VIII Rule 6A CPC does not put blanket ban on filing of Counter-Claim after filing of Written Statement.

Rohit Pradhan | 19th November 2019 Ashok Kumar Kalra v. Wing CDR. Surendra Agnihotri & Ors., SLP (C) No. 23599 of 2018 Issue: Whether language of Order VIII Rule 6A…

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Inhuman Conditions in Prisons

Sridhruti Chitrapu | 20th November 2019 Introduction The Public interest litigation has compelled the court to look into the matters relating to violations affecting the society at large and the…

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Private Counsel Engaged By Victim To Assist Public Prosecutor Cannot Make Oral Argument or Cross Examine Witnesses

Rohit Pradhan | 21st November 2019 Facts: Appellate is wife of the deceased. Charges were made against Respondent 2 u/s 302 and 326 of IPC. While trial was in its…

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Conviction stayed! Disqualified or not?

Sridhruti Chitrapu | 22nd November 2019 Lok Prahari (through its general secretary, S.N. Shukla) vs Election Commission of India and others Introduction  In cases where there is a criminal charge…

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