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Landmark Judgments and Articles on Law

What are essential ingredients of offence U/S 366 of IPC?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 459 of 2016 Decided On: 24.04.2018 Kavita Chandrakant Lakhani Vs. State of Maharashtra and Ors. Hon’ble Judges/Coram:A.K. Sikri and R.K. Agrawal, JJ. Citation: (2018) 6 SCC 664 1. This appeal is directed against the judgment and…

Passing of orders by lower court ignoring judicial pronouncement of supreme court amounts to judicial impropriety

Supreme Court of India Kamini Jaiswal Vs. Union of India & ANR. [Writ Petition (Criminal) No.176 of 2017] 1. The facts are disturbing in the instant case. By moving two successive petitions, one on Wednesday (8.11.2017) and the other on Thursday (9.11.2017), identically worded similar…

Whether party can challenge jurisdiction of court at appellate stage or revisional stage?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.9051­9052 OF 2018 (arising out of SLP (C) Nos. 4275­4276 of 2017) OM PRAKASH AGARWAL SINCE DECEASED THR. LRS. & ORS. … APPELLANT(S) VERSUS VISHAN DAYAL RAJPOOT & ANR. …RESPONDENT(S) J U D G M…

Whether court is bound to release accused on bond as per S.88 of CRPC on his appearance before court?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 321 of 2018 (Arising Out of SLP (Crl.) Diary No. 1445 of 2018) Decided On: 23.02.2018 Pankaj Jain Vs. Union of India (UOI) and Ors. Hon’ble Judges/Coram: A.K. Sikri and Ashok Bhushan, JJ. Citation:(2018) 5 SCC…

Aadhaar Project Wholly Unconstitutional?

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 494 OF 2012 JUSTICE K.S. PUTTASWAMY (RETD.) AND ANOTHER …..PETITIONER(S) VERSUS UNION OF INDIA AND OTHERS …..RESPONDENT(S) WITH TRANSFERRED CASE (CIVIL) NO. 151 OF 2013 TRANSFERRED CASE (CIVIL) NO. 152 OF 2013 WRIT…

Whether plaint can be rejected if subsequent suit is filed seeking same relief founded on same cause of action?

IN THE SUPREME COURT OF INDIA Original Suit No. 1 of 2016 Decided On: 04.10.2016 State of Rajasthan Vs. Union of India (UOI) Hon’ble Judges/Coram: A.K. Sikri and N.V. Ramana, JJ. Citation: (2018) 12 SCC 83 1. The State of Rajasthan has filed the instant suit…

Whether appeal is maintainable if miscellaneous application is dismissed in default?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 9409 of 2017 (Arising out of SLP (C) No. 28713 of 2013) Decided On: 21.07.2017 Jaswant Singh and Ors. Vs. Prakash Kaur and Ors. Hon’ble Judges/Coram: A.K. Sikri and Ashok Bhushan, JJ. Citation: AIR 2017 SC…

Whether appellate court permitting production of additional evidence is bound to give opportunity to other side to lead evidence in rebuttal?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 2108 of 2018 (Arising out of SLP (C) No. 19738/2017) Decided On: 21.02.2018 Akhilesh Singh Vs. Lal Babu Singh and Ors. Hon’ble Judges/Coram:A.K. Sikri and Ashok Bhushan, JJ. Citation: (2018) 4 SCC 659 1. This appeal…

Whether accused can be convicted with aid of S 34 of IPC if it is not possible to convict him U/S 149 of IPC?

IN THE SUPREME COURT OF INDIA Criminal Appeal Nos. 701, 702, 703-704, 705-706, 707, 708 of 2012 Decided On: 06.10.2017 Birbal Choudhary Vs. State of Bihar Hon’ble Judges/Coram:A.K. Sikri and R.K. Agrawal, JJ. Citation: (2018) 12 SCC 440 1. The eleven Appellants herein, out of…

Whether Arbitrator has power to set aside order terminating arbitration proceeding?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 15036 of 2017 (Arising out of SLP (C) No. 16636 of 2015) Decided On: 20.09.2017 Srei Infrastructure Finance Limited Vs. Tuff Drilling Private Limited Hon’ble Judges/Coram: A.K. Sikri and Ashok Bhushan, JJ. Citation: (2018) 11 SCC…

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