Digest Of Supreme Court Cases

Tenancy and land Laws- Madhya Bharat Land Revenue and Tenancy Act Samvat 2007b(Act 66 of 1950)- Gwalior Act S 13- Pujari who performs puja and maintains temple property, will he be treated as Bhumiswami / Kashtkar/ Muafidar

The Pujari is only a grantee to manage the property of the deity and such grant can be reassumed if the Pujari fails to do the task assigned to him, i.e., to offer prayers and manage the land. He cannot be thus treated as a Bhumiswami. Priest cannot be treated to be either a Muafidar […]

Tenancy and land Laws- Madhya Bharat Land Revenue and Tenancy Act Samvat 2007b(Act 66 of 1950)- Gwalior Act S 13- Pujari who performs puja and maintains temple property, will he be treated as Bhumiswami / Kashtkar/ Muafidar Read More »

Insurance — Rejection of claim on lapsed insurance policy and effect of Repudiation/Rescission

Rejection of claim as policy stood lapsed on account of non-payment of premium, on date on which insured event took place, held, proper and justified. Further held, subsequent renewal cannot be relied on to base a claim for period during which the policy stood discontinue / lapsed, where the same is obtained by suppression of

Insurance — Rejection of claim on lapsed insurance policy and effect of Repudiation/Rescission Read More »

Human and Civil Rights — Rights of Differently-Abled/Disabled Persons and Mental Health — Dignified and Easy accessibility in public places and transportation

Rights of differently-abled persons during air travel: Objections/suggestions pertaining to Draft of revised guidelines dt. 2-7-2021 regarding “Carriage by Air of Persons with Disability and/or Persons with Reduced Mobility” put in public domain in the year 2021, directed to be submitted within stipulated time. Further, suggestions that (i) No differently-abled person should be manually lifted without

Human and Civil Rights — Rights of Differently-Abled/Disabled Persons and Mental Health — Dignified and Easy accessibility in public places and transportation Read More »

Penal Code, 1860 — Ss. 304-A and 279 — Motor Vehicles Act, 1988, Ss. 3/181- Rash and negligent driving resulting in death of one person — When Lenient view and reduction of sentence is warranted

In this case, It was a rash and negligent act as there was no allegation against appellant-accused that at the time of accident, he was under influence of liquor or any other substance impairing his driving skills and driving in inebriated condition warranting stricter and harsher punishment.  Hence, conviction of appellant under Ss. 279 and

Penal Code, 1860 — Ss. 304-A and 279 — Motor Vehicles Act, 1988, Ss. 3/181- Rash and negligent driving resulting in death of one person — When Lenient view and reduction of sentence is warranted Read More »

Constitution of India ——Art. “Personal Liberty”and imperativeness of speedy trial:

Held, deprivation of personal liberty without ensuring speedy trial is not consistent with Art 21 of the Constitution. Once it si obvious that timely trial would not be possible and accused has suffered incarceration for significant period of time, courts wouls ordinarilily be obligated to enlarge him on bail.(Paras 10-12)  [Ashim v. National Investigation Agency, (2022)

Constitution of India ——Art. “Personal Liberty”and imperativeness of speedy trial: Read More »

Civil Procedure Code, 1908- Object and purpose of Pleadings and effect on relief to be granted by the court when case not specifically pleaded- Or. 6 Rr. 2 – and Or. 7 Rr. 7

Relief can only be on the basis of the pleadings alone. Evidence is also to be based on such pleadings. The only exception would be when the parties know each other’s case very well and such a pleading is implicit in an issue. Additionally, a court can take judicial note of a fact when it

Civil Procedure Code, 1908- Object and purpose of Pleadings and effect on relief to be granted by the court when case not specifically pleaded- Or. 6 Rr. 2 – and Or. 7 Rr. 7 Read More »

Criminal Procedure Code, 1973 — S. 439 – Permitted grant of Bail to attend wedding of child with strict conditions

Directions issued by Supreme Court to take appellant out of jail he is presently lodged in to be transferred to prison of State where marriage ceremony and post-marriage ceremonies of his daughter has to take place and further directed, that on all such days of appellant attending ceremonies, he shall be accompanied by police personnel

Criminal Procedure Code, 1973 — S. 439 – Permitted grant of Bail to attend wedding of child with strict conditions Read More »

Penal Code, 1860 — Ss. 302/149 or Ss. 326/149 and Ss. 325/149, 324/149, 323/149 and 147

In this case of altercation leading to assault by 21 accused (including appellants herein) using deadly weapons resulting in death of one and injuries to others, fatal injury on deceased were caused by hard and blunt weapon on left parietal bone but, held, there was no injury corresponding to weapons used by four accused. As

Penal Code, 1860 — Ss. 302/149 or Ss. 326/149 and Ss. 325/149, 324/149, 323/149 and 147 Read More »

Criminal Procedure Code, 1973 — Ss.170, 41,41-A,41-B,41-C, 41-D, 42, 438 and 468 – Obligation on police to arrest accused prior to taking charge-sheet on record

Held, not mandatory as per S. 170 and thus anticipatory bail cannot be denied solely on the ground that as police were ready to file charge sheet, it was mandatory to arrest appellant-accused. Therefore, if the IO does not believe that the accused will abscond or disobey summons he/she need not be produced in custody.

Criminal Procedure Code, 1973 — Ss.170, 41,41-A,41-B,41-C, 41-D, 42, 438 and 468 – Obligation on police to arrest accused prior to taking charge-sheet on record Read More »

Criminal Procedure Code, 1973 — S. 439 — classical example of Forum shopping to obtain bail

In this case, accused was charged under special Act (MCOCA) and IPC. Upon failure to obtain bail as per law, accused challenged the Vires of the sections of the special Act under which he was charged and sought quashment of the proceedings before High Court under Art. 226 of the Constitution. By impugned order by

Criminal Procedure Code, 1973 — S. 439 — classical example of Forum shopping to obtain bail Read More »

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