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The Bench Comprising Justice Sudhanshu Dhulia and Justice Prasanna B. Varale Introduction: The Supreme Court held that protection under Section 53A of the Transfer of Property Act, 1882, is unavailable to a person who knowingly enters into an agreement despite being aware of pending litigation. The Court held that such a transferee cannot obstruct decree holders' rights. Section 53A, Transfer of Property Act, 1882 – Doctrine of part performance. Section 52, Transfer of Property Act, 1882 – Lis pendens principle.....
Read MoreThe respondents (petitioners) approached the Allahabad High Court seeking a writ of mandamus to compel the appellants (authorities) to grant them a license to trade in birds bred in captivity. The High Court ruled in favor of the respondents, allowing the license. Dissatisfied with this decision, the appellants challenged it before the Supreme Court. Issues Before the Court Whether the respondents were entitled to a license renewal for trading in birds listed under Schedule IV of the Wild Life (Protection) Act, 1972. Whether the amendment to Section 9 of the....
Read MoreBackground and Facts The petitioner was elected as a member of the Bihar Legislative Council (BLC) as a candidate of the Indian National Congress. Subsequently, when the Lok Sabha elections were announced, the petitioner contested as an independent candidate from a different constituency. Salman Rageev, another member of the BLC, filed a petition with the Chairman of the Legislative Council, alleging that the petitioner, by contesting the parliamentary election as an independent candidate, had voluntarily given up his membership of....
Read MoreThe Bench Comprising Justice Vikram Nath and Justice Sanjay Karol Introduction The Supreme Court of India reinstated the conviction, where a minor was raped in 1986. It criticized the Rajasthan High Court for acquitting the accused solely due to the victim’s silence during cross-examination. The Court ruled that a traumatized child’s silence cannot favor the accused when medical and circumstantial evidence supports conviction, sentencing him to 7 years under Section 376 IPC. Section 376 IPC(Now Section 64 Of BNS) – Punishment....
Read MoreIntroduction: The Supreme Court ruled that a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) cannot continue against an ex-director of a company if the cause of action arose after a moratorium was imposed under Section 14 of the Insolvency and Bankruptcy Code, 2016 (IBC). The Court emphasized that once a moratorium is declared, the management of the corporate debtor is taken over by the Insolvency Resolution Professional (IRP), and the ex-directors are no....
Read MoreA Bench of Justices Vikram Nath and Sandeep Mehta Introduction: The case revolves around allegations of corruption and criminal breach of trust against former Gujarat IAS officer Pradeep Sharma. The Supreme Court recently rejected his bail plea in connection with a 2023 illegal land allotment case. The case was lodged in Bhuj, Kutch, and involves charges under various sections of the Indian Penal Code (IPC) and the Prevention of Corruption Act. Facts of the Case: Pradeep Sharma, a retired IAS officer....
Read MoreThe Bench Comprising Justice Vikram Nath and Justice Sandeep Mehta Introduction In a landmark judgment, the Supreme Court of India recently ruled that a wife, who received a flat as part of a settlement in a matrimonial dispute, is exempt from paying stamp duty under the Registration Act, 1908. This decision underscores the importance of legal provisions that facilitate equitable settlements in divorce proceedings. Registration Act, 1908 – Section 17(2)(vi): Exempts certain documents from compulsory registration, including those forming part of....
Read MoreIn this case, the appellant challenged the constitutional validity of Section 30 of the Code of Criminal Procedure, 1898 (Cr.P.C.). This section allowed the State Government to grant certain Magistrates, including District Magistrates or First-Class Magistrates, the power to try all offences except those punishable by death in states where Deputy or Assistant Commissioners existed. Additionally, Section 34 of Cr.P.C. permitted such Magistrates to conduct trials and impose sentences, except for death penalty or imprisonment exceeding seven years. The appellant....
Read MoreThe case revolves around Mr. Ram Bahadur Thapa, who, on May 20, 1958, in Rasgovindpur village (Balasore district), mistakenly attacked a group of women, believing them to be ghosts. Due to widespread local superstitions among the Adivasi communities, including the Majhis and Santhals, an abandoned airport in the village was thought to be haunted, making people afraid to go near it at night. On the night of the incident, Thapa, along with Chandra Majhi and Krishna Patro, went to the....
Read MoreOn February 28, 1997, the Indian Railways issued a circular stating that reserved category candidates who were promoted through roster points could not claim seniority over general category candidates who were promoted later. This circular was based on the Supreme Court’s ruling, which held that while reserved candidates could be promoted earlier through roster points, they would not automatically become senior to general candidates who were promoted later to the same level. The Supreme Court further clarified that once a....
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