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26 Jan 2025

Posted by: Aishwarya Chourasia

Yashodeep Bisanrao Vadode v. State of Maharashtra & Anr: 2024 SC 798

Introduction: The case revolves around the tragic death of Renuka, who was married to Rajesh Jagan Karote. The prosecution alleged that Renuka was subjected to physical and mental harassment by her husband and his relatives, including the appellant, Yashodeep Vadode, due to dowry demands. Following Renuka's suspicious death in April 2011, the appellant was charged under various provisions of the Indian Penal Code (IPC), including dowry harassment, dowry death, abetment of suicide, and criminal breach of trust. The appellant was....

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25 Jan 2025

Posted by: Aishwarya Chourasia

Phoolchand v. Gopal Lal (1967 AIR 1470)

Bench comprising of Justice KN Wanchoo, Justice RS Bachawat and Justice V Ramaswami.    Introduction: This is a landmark judgment that laid down that in suits of partition more than one preliminary decree can be passed. It deals deals with the dispute over the partition of family property, highlighting significant issues regarding the validity of a will, the rights of a limited owner to sell property, and the court's ability to amend shares post a preliminary decree in a partition....

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25 Jan 2025

Posted by: Aishwarya Chourasia

Sonu Chaudhary v. State NCT of Delhi, 2024 AIR SC 1234.

Introduction: This case involves an appeal before the Supreme Court regarding the conviction of Sonu Chaudhary under Sections 324 (voluntarily causing hurt) and 452 (house-trespass after preparation for hurt) of the Indian Penal Code (IPC). The Supreme Court evaluated the findings of the lower courts and decided to uphold the conviction under Section 324 while setting aside the conviction under Section 452. Facts: The incident occurred at Baithak Restaurant in Delhi, where Rajat Dhyani (PW-1) was the complainant and the....

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24 Jan 2025

Posted by: Aishwarya Chourasia

Bhikaji vs. State of Madhya Pradesh (1955 AIR 781)

Introduction  The landmark case dealt with the conflict between individual property rights and state intervention in business operations, specifically in the motor transport sector. The case questioned whether state legislation could curtail individual rights, including the right to conduct business, for the greater public good. This case is a significant reflection on the limits of state power under the newly adopted Indian Constitution, balancing public welfare against individual freedoms. Facts The case arose from the enactment of the C.P. &....

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24 Jan 2025

Posted by: Aishwarya Chourasia

CENTRAL BANK OF INDIA & ANR. VERSUS SMT. PRABHA JAIN & ORS. (2025 LiveLaw SC 96)

Bench comprising of Justices JB Pardiwala and R Mahadevan Introduction: The Supreme Court, in this judgment, clarified an important aspect of Order VII Rule 11 of the Civil Procedure Code (CPC) regarding the rejection of a plaint that seeks multiple reliefs. The Court emphasized that a plaint cannot be rejected solely because one of the reliefs sought is barred by law, as long as the remaining reliefs are valid and within the jurisdiction of the court. Facts: The case involved....

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23 Jan 2025

Posted by: Aishwarya Chourasia

VIJAY @ VIJAYAKUMAR V. STATE REPRESENTED BY INSPECTOR OF POLICE 2025 (LiveLaw SC 94)

Bench comprising of J.B. Pardiwala and R. Mahadevan The Supreme Court dealt with whether grave and sudden provocation can reduce an offense from murder to culpable homicide. The case involved an altercation where the appellant, after being slapped and abused by the deceased, struck the latter on the head with a cement brick, causing his death. Facts The appellant, along with his friends, was sleeping under a bridge when the deceased, who was drunk, started an argument. The deceased slapped the....

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23 Jan 2025

Posted by: Aishwarya Chourasia

B. K. K. G. R. S. & Co. v. Shyam Sundar Rathi (2019) 10 SCC 346

Introduction: This case is significant because it addresses the issue of specific performance under the Indian Contract Act, 1872, particularly in relation to contracts for the sale of immovable property and the enforceability of agreements. Facts: Shyam Sundar Rathi entered into an agreement with B.K.K.G.R.S. & Co. (the appellant) for the sale of land. The agreement stipulated that the buyer would pay a certain amount within a specific period, and the seller would transfer the land. The buyer paid the....

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22 Jan 2025

Posted by: Aishwarya Chourasia

BALBIR SINGH & ANR ETC VERSUS BALDEV SINGH (D) THROUGH HIS LRS & ORS. ETC (2025 LiveLaw SC 82)

Bench comprising of Justices JB Pardiwala and R Mahadevan The Supreme Court, in a landmark judgment, clarified the nature of a suit for specific performance under the Specific Relief Act, 1963, particularly focusing on the power of the trial court after the decree for specific performance has been passed. The Court ruled on the question of whether the trial court retains jurisdiction and control over the decree even after the passing of the decree for specific performance. Facts: In the present....

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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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