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22 Jan 2025

Posted by: Aishwarya Chourasia

Jagmohan Singh v. State of Uttar Pradesh (1973)

Introduction The case dealt with the constitutionality of the death penalty under Section 302 of the Indian Penal Code (IPC). The appellant, Jagmohan Singh, challenged his death sentence, claiming it violated fundamental rights under Articles 14 (Right to Equality), 19 (Right to Freedom), and 21 (Right to Life) of the Indian Constitution. Facts Jagmohan Singh was convicted for murdering Chhotey Singh due to a longstanding personal dispute. He was sentenced to death by the Sessions Court, and the sentence was....

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21 Jan 2025

Posted by: Aishwarya Chourasia

State of U.P Vs Deoman Upadhyaya AIR 1960 SC 1125

Introduction Section 27 of the Indian Evidence Act and its interaction with Section 162(2) of the Code of Criminal Procedure (CrPC) has been a point of contention, particularly regarding whether it violates the principles of equality enshrined in Article 14 of the Indian Constitution. Indian Evidence Act, 1872 – Section 27: Admissibility of statements leading to the discovery of facts. Code of Criminal Procedure, 1973 – Section 162(2): Prohibition of statements made to police officers from being used in evidence,....

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21 Jan 2025

Posted by: Aishwarya Chourasia

Musheer Alam v. State of Uttar Pradesh (2025 LiveLaw (SC) 83)

A bench comprising Justice JB Pardiwala and Justice R Mahadevan Introduction The Supreme Court of India, questioned the practice of arresting accused persons after the filing of a chargesheet and the court’s cognizance of the same. A bench observed that such a practice is unwarranted, particularly when the accused was not arrested during the investigation. The decision aligns with previous judgments emphasizing the principle of arrest only when necessary, to prevent misuse of authority. Facts The petitioner, accused in a case under the....

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20 Jan 2025

Posted by: Aishwarya Chourasia

Indian Overseas Bank vs M.A.S. Subramanian & Ors. (2025 LiveLaw (SC) 77)

Introduction The Supreme Court, in Indian Overseas Bank vs M.A.S. Subramanian & Ors. (2025 LiveLaw (SC) 77), reaffirmed that mere possession under an agreement to sell does not confer ownership unless a registered sale deed is executed as per the Indian Registration Act, 1908. The bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan set aside the National Company Law Appellate Tribunal’s (NCLAT) decision, which held that the sale deed executed by the property owner's legal heirs was not....

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20 Jan 2025

Posted by: Aishwarya Chourasia

Sri Sankara Prasad Singh Deo vs Union of India and State of Bihar (1951) AIR 458

Bench comprising Chief Justice Harilal J. Kania, Justice M. Patanjali Sastri, Justice Mehr Chand Mahajan, Justice Bijan Kumar Mukherjea, Justice Sudhi Ranjan Das. This five-judge bench delivered a unanimous judgment, upholding the validity of the First Constitutional Amendment Act, 1951. Background of the Case: This case is one of the earliest landmark judgments related to the interpretation of the Indian Constitution. It primarily dealt with the constitutionality of the First Amendment Act, 1951, which introduced Article 31A and Article 31B,....

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19 Jan 2025

Posted by: Aishwarya Chourasia

Cuddalore Powergen Corporation Ltd. vs. M/s Chemplast Cuddalore Vinyls Limited and Another (2025 LiveLaw SC 73)

Bench comprising Justice JB Pardiwala and Justice R. Mahadevan Introduction The Supreme Court in Cuddalore Powergen Corporation Ltd. vs. M/s Chemplast Cuddalore Vinyls Limited and Another dealt with the applicability of Order II Rule 2 of the Code of Civil Procedure (CPC) in cases involving subsequent suits based on fresh causes of action. The judgment clarified the scope of Order II Rule 2 CPC, emphasizing that it does not bar subsequent suits when the relief sought was not enforceable at the....

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19 Jan 2025

Posted by: Aishwarya Chourasia

Satyendra Kumar Antil vs. CBI: BENCH: HON’BLE JUSTICE SANJAY KISHAN KAUL & JUSTICE MM SUNDRESH

 The case of Satyendra Kumar Dubey vs. Central Bureau of Investigation (CBI) pertains to the tragic death of whistleblower Satyendra Kumar Dubey, who was an Indian Engineering Service (IES) officer. Dubey was working on the Golden Quadrilateral project and had exposed large-scale corruption in the project. Satyendra Kumar Dubey wrote to the Prime Minister’s Office (PMO) in 2002, highlighting corruption in the National Highways Authority of India (NHAI). Despite requesting anonymity, his identity was disclosed, leading to threats. On November....

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18 Jan 2025

Posted by: Aishwarya Chourasia

The State of Karnataka vs. Battegowda & Ors. (2025 LiveLaw (SC) 76

Bench Comprising of Justice Sudhanshu Dhulia and Justice Prashant Kumar Mishra Introduction This case examines the application of Section 34 IPC (Section 34: Acts done by several persons in furtherance of common intention) in the context of criminal liability. The Supreme Court emphasized that when multiple accused act with a common intention, the severity of injury inflicted by individual acts cannot be a sole factor to reduce the conviction or sentence. Facts Accused Nos. 2 (K.B. Vijayakumar) and 3 (K.B.....

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18 Jan 2025

Posted by: Aishwarya Chourasia

Kasturi vs. Iyyamperumal (AIR 2005 SC 2813)

Introduction The case deals with the principles of impleadment of parties under Order I Rule 10 of the Code of Civil Procedure, 1908 (CPC), Order I Rule 10 CPC: Deals with impleadment of parties in civil suits. It addresses the issue of whether a third party, who is not a necessary or proper party to the suit, can be added as a party based on their claim of interest in the subject matter of the dispute. The judgment provides clarity....

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17 Jan 2025

Posted by: Aishwarya Chourasia

Dudh Nath Pandey vs State of UP 1981 (2 SCC 166)

BENCH COMPRISING OF JUSTICE D.A DESAI, JUSTICE RB MISRA This case revolves around the question of circumstantial evidence and the burden of proof in criminal law. The appellant, Dudh Nath Pandey, was convicted for the murder of his cousin, Ram Prakash Pandey. The conviction was based on circumstantial evidence, and the Supreme Court was called upon to address key issues of admissibility and sufficiency of such evidence to uphold the conviction. FACTS Ram Prakash Pandey was killed on the night....

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