Issue for Consideration The High Court converted the conviction of respondents u/s.302 of IPC into the second part of s.304 of the IPC. Whether the judgment of the High Court requires interference. Headnotes† Penal Code, 1860 – s.302 and second part of s.304 – The case of the accused, with a common intention and object, came together and assaulted PW-1, PW-2, PW-3, PW-11, PW-12 and the deceased, on 01.11.1989 – The Trial Court convicted the respondents for the offences punishable u/s.147 and ss.452, 302, 325, and 323 r/w. s.149 of the IPC – By the
Issue for Consideration Whether on facts, the complainant-respondent would come under the definition of ‘consumer’ in terms of the Consumer Protection Act, 1986; whether any liability rested on the appellant to disburse the entire amount of Rs.31,00,000/- i.e., the remaining of the flat payable to the complainant-respondent by the borrower; whether borrower should have been joined in proceedings before the NCDRC. Headnotes† Consumer Protection Act, 1986 – s.2(1)(d) – Respondent- complainant took a housing loan of Rs.17,64,644/- from ICICI Bank and
Issue for Consideration In view of detection of anomalies in the functioning of the beneficiary research institution-Centre for Research in Rural and Industrial Development (CRRID), whether the appellant-Indian Council of Social Science Research (ICSSR) was justified in withholding whether the control exercised by ICSSR on CRRID is ‘deep and pervasive’. Headnotes† Grant-in-Aid – ICSSR's Rules of Grant-in-Aid to Societies and Institutions Doing Research in the field of Social Sciences – Complaints received by ICSSR against CRRID alleging
Issue for Consideration Matter pertains to the validity of the income tax dues of the corporate debtor owed to the Central Government, when not a part of the approved Resolution Plan. Headnotes† Insolvency and Bankruptcy Code, 2016 – s.31(1) – Legal effect of approval of a of resolution plan, issuance of demand notices by the Income Tax Department for assessment years 2012-13 and 2013-14 in respect of the Corporate Debtor-CD, however no claim about the demands submitted before the Resolution Professional – Application by the second respondent-Monitoring
Issue for Consideration Matter pertains to the adequacy of compensation granted to the appellants under Motor Vehicles Act, 1988. Headnotes† – Fatal accident – Compensation – Computation of – Victim crushed to death by the offending truck being driven by respondent no.1 in a rash and negligent manner – Appellant’s case that the deceased was aged about 45 years at the time of her death and was
Issue for Consideration The present Miscellaneous Applications have been filed seeking intervention in the matter and seeking clarification/ modification of the directions contained in Para 42 of the Judgment and in Criminal Appeal No. 3883-3884 of 2024. The two questions arise before the Court: (i) whether the Advocates have an indefeasible right to appear for a party or to get their appearances marked for a party, though not duly authorised to appear in the court proceedings and (ii) whether the
Issue for Consideration Whether the Division Bench was justified in interfering with the order of the Single Judge dismissing the writ petition by the eligible retired employee who had failed to exercise option under Bank of India (Employees’) Pension Scheme, 1995 within the Pension – Pension scheme – Exercise of option by the eligible retired employees when not within the stipulated period – Effect – Bank-appellant no.1 invited options from the eligible retired employees to join the Bank Employees’ Pension Scheme – First
Issue for Consideration Whether the High Court erred in reversing the conviction of the respondent-accused under Section 376, Penal Code, 1860 for the rape of a minor girl and acquitting him. Headnotes† Penal Code, 1860 – s.376 – Evidence of a child witness-victim – of the respondent-accused inter alia holding that the victim-child witness was indifferent/silent about the incident which was unlikely if the incident would have been true, and acquitted him – Challenge to: Held: There is no hard and fast rule qua testing the competency of a child
Issue for Consideration Matter pertains to the enhancement of the amount of compensation granted to the appellant, aged 21 years, a veterinary student and State Level player in Volleyball who sufferred quadriplegia-paralysis of all four limbs after being hit by the car and was declared Act, 1988 – Motor accident – Compensation – Enhancement – Appellant, aged 21 years, veterinary student and a State Level player in Volleyball hit by a car resulting in quadriplegia-paralysis of all four limbs, and declared 100% disabled – Claim petition –
Issue for Consideration Matter pertains to the quantum of sentence imposed on the appellant and his release on bail on deposit of enhanced amount of fine. Headnotes† Sentence/sentencing – Suspension of sentence – Payment of enhanced fine – Grant of bail – Wife of the who registered two trusts, wherein the appellant and his mother-in-law were appointed as trustees – Appellant, his wife, and the other co-accused misappropriated grant-in-aid funds for their own benefits, which were meant to be used for institutions for specially-abled children
Issue for Consideration The present appeals assail the orders passed by the Punjab and Haryana High Court in several writ petitions in respect of acquisition of various parcels of land from time to time by issuance of notifications u/ss.4 and 6 of the Land Acquisition Act, 1894. Headnotes† – ss.4 and 6 – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – The respondents land owners/subsequent purchasers have assailed the acquisition process – The validity of the acquisition were
Issue for Consideration Matter pertains to the issue as to a person joining as an Assistant Engineer, has option to migrate to either the degree or diploma quota; and the scope of the Kerala Public Health Engineering Service Special Rules, 1960 and the Kerala Public Health Engineering 1966. Headnotes† Kerala Public Health Engineering Service Special Rules, 1960 – r.4(b) – Kerala Public Health Engineering Subordinate Service Rules, 1966 – Promotion – Option to migrate to either the degree or diploma quota – Appellants inducted as Draftsman,
Issue for Consideration Law governing the arbitration agreement in the present case. Headnotes† Arbitration and Conciliation Act, 1996 – s.11(6) – International Commercial Arbitration – Petitioner is a company incorporated in Bogota, Colombia – Respondent is in Gujarat, India – International Exclusive Distributor Agreement executed between parties for distribution of medical products in Colombia – Disputes emerged – Petition u/s.11(6) of the Arbitration and Conciliation Act, 1996, for appointment of an arbitral panel in terms
Issue for Consideration Whether the High Court was justified in non-suiting the appellant and others on the ground that an appropriate civil action would mean the proceedings only before a Civil Court and not Writ Court. Headnotes† Constitution of India – Art.226 – Writ Court Civil Court – Hyper-technical view – Payment of salary for service rendered – In an earlier SLP, petitioners including appellant had sought liberty to claim payment of salary for the period they have worked – While dismissing the SLP, the Supreme Court granted liberty to
Issue for Consideration Matter pertains to the applicability of the doctrine of “clean hands and non-suppression of material facts” to the writ petition filed by the respondent seeking substantially the same relief without disclosing the material fact of the dismissal of earlier order passed by the High Court entertaining the said writ petition; and as regards the right of the Residents’ Assembly to be part of any committee or council constituted by the Governing Board of the appellant Foundation. Headnotes† Constitution of India – Art. 226 –
Issue for Consideration Does the decision in Lalita Kumari v. Government of Uttar Pradesh & Ors. [2013] 14 SCR 713 create an absolute rule that a preliminary inquiry must be conducted in every case before the registration of an FIR. Headnotes† Code of Criminal Procedure, 1973 – reliance on Lalita Kumari v. Government of Uttar Pradesh & Ors., to argue that the registration of an FIR should be preceded by a preliminary inquiry in cases involving allegations of abuse of official position – Correctness: Held: The scope of a preliminary inquiry, as clarified in the
Issue for Consideration The High Court dismissed the appellant’s criminal revision application and refused to the quash the order of the Trial Court rejecting the appellant’s discharge application in a case for offences under the Prevention of Money Laundering Laundering Act, 2002 – The allegation against the appellant was that he was involved in financial transactions related to proceeds of crime, generated through fraudulent activities causing significant financial losses to the State – The appellant has contended that the alleged acts
Issue for Consideration an accident. The appellants filed claim petition for compensation. In the Miscellaneous First Appeal, the High Court fixed the monthly income of deceased as Rs.8000/- per month. Whether the High Court was justified in fixing the monthly income of the deceased as Rs. 8000/- per month in the given
184 : 2025 INSC 355 Gangubai Raghunath Ayare v. Gangaram Sakharam Dhuri (D) Thr. LRs and Ors. Gangaram Sakharam Dhuri (D) Thr. LRs (R1 to R8) R1: Anandi Gangaram Dhuri (D) Thr. LRs (R2 to R8) R2: Sunanda Gangaram Dhuri R3: Vaishali Vilas Majalkar R4: Kavita Kashiram Ugave R5: Vithal Gangaram Issue for Consideration Whether the High Court was right in holding that when the principal prayer for administration of the estate was rejected by the Trial Court, any other prayer indirectly seeking
Issue for Consideration Whether the petition for modification of the decree regarding the custody of the child filed by the respondent-mother and the execution petition filed by the appellant-father should be heard together or whether the execution petition should proceed irrespective of the Headnotes† Hindu Marriage Act – ss.13-B, 26 – Appellant-father and respondent-mother of a minor child got divorce by mutual consent – Respondent-mother was granted the permanent custody of the minor son and the appellant-father was granted interim custody during the