“Would be a onslaught on the dignity of the womanhood and the age old principle of यतननायर्यस्तत पपूज्यन्ततरमन्तततत दतवतनाताः (where women are respected Gods live there) would recede to the background and the guilty not being punished by process of law or accused persons are allowed to move around freely in the society or in spite of there being prima facie material being present they are allowed to move around freely in the society before guilt is proved and are likely to indulge in either threatening the prosecution witnesses or inducing them in any manner to jettison the criminal justice system, then the superior court will have to necessarily step in to undo the damage occasioned due to erroneous orders being passed by courts below.”
Justice Aravind Kumar
Bhagwan Singh v. Dilip Kumar, 2023 SCC OnLine SC 1059
TOP STORIES
Conviction of Ex-RJD MP Prabhunath Singh in 1995 Double Murder Case
Inside the Supreme Court Verdict: How Ex-RJD MP Prabhunath Singh was Convicted in 1995 Double Murder Case
The 3-judge bench of Sanjay Kishan Kaul, Abhay S. Oka and Vikram Nath, JJ. reversed the acquittal of ex-RJD MP Prabhunath Singh in a double murder case. The Court went on to convict Prabhunath Singh under Sections 302 and 307 IPC for committing culpable homicide amounting to murder and attempt to murder and directed him to be taken into custody and be produced before the Court on 01.09.2023 to decide the quantum of sentence. Read more
[Harendra Rai v. State of Bihar, 2023 SCC OnLine SC 1023]
15-year old's Gang rape
“Where women are respected Gods live there”; Supreme Court cancels bail of Rajasthan MLA's son in 15-year-old's gang-rape case
In case related to the alleged gang-rape of a 15-year-old girl, followed by threat to make the video of the incident viral and threat and extortion by the accused (including a son of a sitting MLA), the bench of S. Ravindra Bhat and Aravind Kumar, JJ has held that delay in filing a case by itself would not be fatal for all times to come and the criminality attached to the incident would not evaporate into thin air or get extinguished by virtue of such delay. Read more
[Bhagwan Singh v. Dilip Singh, 2023 SCC OnLine SC 1059]
V Senthil Balaji
Decoding Supreme Court verdict on V Senthil Balaji's plea in Cash for Job Scam case
The division bench of AS Bopanna and MM Sundresh*, JJ. dismissed V Senthil Balaji's plea challenging ED custody in the money laundering case and allowed ED to have his custody till 12-08-2023 in connection with the cash-for-jobs scam. Read more
[V. Senthil Balaji v. State, 2023 SCC OnLine SC 934]
Manipur Violence
Women sexual violence in Manipur | Supreme Court constitutes all-women committee to oversee probe, suggest remedies
Supreme Court constituted an all-women three-member committee to examine probe being conducted by Manipur police and the Central Bureau of Investigation (‘CBI') respecting the incidents of violence in Manipur, specifically to be looked into by the former Maharashtra DGP and NIA officer Dattatray Padsalgikar. Read more
[Dinganglung Gangmei v. Mutum Churamani Meetei, 2023 SCC OnLine SC 965]
Bail to Unitech Promoter's wife Preeti Chandra
Money Laundering Case | Supreme Court refuses to interfere with bail to Unitech Promoter's wife Preeti Chandra
In a petition challenging the order dated 14-06-2023 passed by Delhi High Court in Preeti Chandra v. Enforcement Directorate, (2023) 3 HCC (Del) 1 granting bail to Unitech Promoter Sanjay Chandra’s wife, Preeti Chandra in a money laundering case, the Bench comprising of Dr. DY Chandrachud, CJI, J.B. Pardiwala and Manoj Misra, JJ. refused to interfere with the High Court’s order. Read more
[Enforcement Directorate v. Preeti Chandra, 2023 SCC OnLine SC 930]
Constitutionality of R. 4(10) and R.7(3) of Rajasthan Minor Mineral Concession Rules, 1986
Supreme Court upholds the constitutionality of R. 4(10) and R.7(3) of Rajasthan Minor Mineral Concession Rules
The division bench of A.S. Bopanna and MM Sundresh*, JJ. said that the said Rules have been introduced in exercise of the power conferred under Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 (‘1957 Act'). There is neither a right nor does it get vested through an application made over a Government land. Read more
[State of Rajasthan v. Sharwan Kumar Kumawat, 2023 SCC OnLine SC 898]
Modi Surname Defamation Case
Supreme Court stays Rahul Gandhi's conviction
The Three Judge Bench comprising of B.R. Gavai, PS Narasimha and Sanjay Kumar, JJ. held that considering that there are wide ramifications of the conviction order and Section 8(3) of the Representation of the People Act, 1950 (‘Act') and they not only affect Rahul Gandhi's right to continue in public life but also affect the right of the electorate, who elected him, to represent their constituency therefore, the conviction order was stayed. Read more
[Rahul Gandhi v. Purnesh Ishwarbhai Modi, 2023 SCC OnLine SC 929]
SC EXPLAINERS ON GUIDELINES, PRINCIPLES, AND WRITS
POCSO| Role of Support person in child sexual abuse cases crucial; All States must frame guidelines in this regard: Supreme Court
The bench of S. Ravindra Bhat and Aravind Kumar, JJ has taken note of the fact that the role of a ‘support person' as envisaged in the Protection of Children from Sexual Offences Rules, 2020, despite being a progressive step — remains unfulfilled, or is given effect to, in a partial or ad-hoc manner, thus limiting its positive potential in offering support to victims and their families. Read more
[Bachpan Bachao Andolan v. Union of India, 2023 SCC OnLine SC 1031]
Supreme Court Ruling on the Principles governing issuance of Writ of Certiorari: All you need to know
While hearing a civil appeal filed by Central Council for Research in Ayurvedic Sciences (CCRAS) ('appellant') where respondent was held entitled to the benefit of enhancement of retirement age from 60 to 65 years as applicable to the Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy (AYUSH) doctors working under the Ministry of AYUSH, the division Bench comprising of the Chief Justice of India, Dr. D.Y. Chandrachud and J.B. Pardiwala*, J. discussed the law around the High Court's power to exercise extraordinary jurisdiction and issuance of writ of certiorari. Read more
[Central Council for Research in Ayurvedic Sciences v. Bikartan Das, 2023 SCC OnLine SC 996]
Premature Release of Convicts | SC discusses judicial involvement in Grant of Remission
In a criminal petition filed by the convict for offences punishable under Section 302 read with Section 34 of the Penal Code, 1860 (‘IPC') and Section 27 of the Arms Act, 1959, seeking premature release, the Division Bench of S. Ravindra Bhat* Prashant Kumar Mishra, JJ. allowed the petition and directed the Remission Board to reconsider the application of the convict for premature release. Read more
[Rajo v. State of Bihar, 2023 SCC OnLine SC 1068]
How Trial for offences under IPC would be affected if Sanction for offences under PC Act is declined? SC Highlights
The Division Bench of B.R. Gavai and J.B. Pardiwala*, JJ. highlighted an important question that the sanctioning authority at the time of declining to accord sanction under Section 19 of the Prevention of Corruption Act, 1988 (‘the PC Act, 1988') on the ground that sanction is being declined because the prosecution case against the accused could be termed as frivolous or vexatious, then, in such circumstances what would be its effect on the trial so far as the other offences under IPC are concerned? Read more
[A. Sreenivasa Reddy v. Rakesh Sharma, 2023 SCC OnLine SC 952]
Supreme Court directs HCs and DGPs of all States to ensure Arnesh Kumar guidelines are issued to lower courts and police authorities to prevent unnecessary arrests
The division bench of S. Ravindra Bhat and Aravind Kumar directed all the Courts to strictly follow the law laid down in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 469 and further reiterated the directions contained thereunder. Further, it directed the High Court to frame these directions in the form of notifications and guidelines to be followed by the Sessions Courts and all other Criminal Courts dealing with various offences. Read More
[Mohd. Asfak Alam v. State of Jharkhand, 2023 SCC OnLine SC 892]
Dying Declaration cannot be the sole basis of conviction; Supreme Court reproduces 11 factors to determine its weightage
The full bench of BR Gavai, JB Pardiwala* and Prashant Kumar Mishra, JJ. while setting aside a conviction order held that dying declaration while carrying a presumption of being true must be wholly reliable and inspire confidence. Where there is any suspicion over the veracity of the same or the evidence on record shows that the dying declaration is not true it will only be considered as a piece of evidence but cannot be the basis for conviction alone. Read more
[Irfan v. State of U.P., 2023 SCC OnLine SC 1060]
Supreme Court analyses application of Non Est Factum and Misrepresentation
In an appeal assailing correctness of the judgment and order passed by Madras High Court on 21-11-2008 allowing second appeal in N. Krishnasamy Mudaliar v. Ramathal, 2008 SCC OnLine Mad 864, the Division Bench of Vikram Nath and Ahsanuddin Amanullah, JJ. explained in detail the rule related to non est factum and misrepresentation in a document. Read more
[Ramathal v. K. Rajamani, 2023 SCC OnLine SC 1022]
DECISIONS ON AGE OF RETIREMENT, EMPLOYMENT AND MATERNITY
Retired employees cannot claim vested right to apply the extended age of retirement retrospectively: Supreme Court
The division bench of Hima Kohli and Rajesh Bindal, JJ. held that the retired employees cannot claim a vested right to apply the extended age of retirement to them retrospectively and assume that by virtue of the enhancement in age ordered by the State at a later date, they would be entitled to all the benefits including the monetary benefits flowing from GO on the ground of legitimate expectation. Read more
[Prakasan M.P. v. State of Kerala, 2023 SCC OnLine SC 1074]
Explained | Supreme Court verdict on claim of maternity benefits beyond the duration of contractual employment
While hearing an appeal by a pathology doctor/ appellant against the judgment and order of the Delhi High Court, the full bench of Aniruddha Bose, Sanjay Kumar and S.V.N. Bhatti J. held that maternity benefits could survive or go beyond the duration of employment of the employee. Read more
[Kavita Yadav v. Ministry of Health & Family Welfare Department, 2023 SCC OnLine SC 1067]
Explained | SC sets aside Orissa HC's order for extending superannuation age of CCRAS Research Assistant equivalent to AYUSH doctors
In a civil appeal filed by Central Council for Research in Ayurvedic Sciences (CCRAS) ('appellant') against the Judgment and order of Orissa High Court, whereby, Central Administrative Tribunal's (‘CAT') order was set aside and the respondent was held entitled to the benefit of enhancement of retirement age from 60 to 65 years as applicable to the Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy (AYUSH) doctors working under the Ministry of AYUSH, the division Bench comprising of the Chief Justice of India, Dr. D.Y. Chandrachud and J.B. Pardiwala*, J. allowed the appeal and set aside the impugned order of High Court. Read more
[Central Council for Research in Ayurvedic Sciences v. Bikartan Das, 2023 SCC OnLine SC 996]
SC upholds Kerala High Court Order: Pathological Laboratories covered under ESI Act from 2007; not 2002
The Division Bench of Hima Kohli and Rajesh Bindal*, JJ. held that the pathological laboratories would be covered within the ambit of the Employees' State Insurance Act, 1948 from the date of notification issued by the Government of Kerala dated 06-09-2007. Read more
[ESI Corpn. v. Endocrinology & Immunology Lab, 2023 SCC OnLine SC 908]
‘Beneficial Standing Orders to prevail over employer-employee agreements'; SC holds workmen temporarily engaged with Jet Airways entitled to permanency
In an appeal against judgment passed by Bombay High Court confirming award passed by the Central Government Industrial Tribunal (‘CGIT') on 30-03-2017 rejecting the demand of Bharatiya Kamgar Karmachari Mahasangh (‘Union') for reinstatement with full back wages, the Division Bench of Abhay S. Oka and Sanjay Karol, JJ. upheld the benefits which the Union was entitled to and set aside the said award and its confirmation. Read more
[Bharatiya Kamgar Karmachari Mahasangh v. Jet Airways Ltd., 2023 SCC OnLine SC 872]
CONVICTION CASES
Test Identification Parade does not violate Article 20(3) of Constitution: Supreme Court upholds conviction order of murder convict
In an appeal filed by the convict against the judgment and order passed by the Delhi High Court, wherein the Court has affirmed the conviction order passed by the Additional Sessions Judge holding the convict guilty for the offences punishable under Sections 302, 392, 394 and 397 read with Section 34 of the Penal Code (for short, ‘IPC’)., the division bench of MM Sundresh and JB Pardiwala*, JJ. while upholding the conviction order, held that Test Identification Parade (‘TIP’) does not violate Article
[Mukesh Singh v. State (NCT of Delhi), 2023 SCC OnLine SC 1061]
‘Prosecution utterly failed to prove incriminating circumstances beyond reasonable doubt'; SC acquits three murder convicts
In a criminal appeal against the judgment and order of Delhi High Court, wherein the conviction of the three accused persons by Trial Court for offences under Section 302 read with Section 34 of the Penal Code, 1860 (‘IPC'), the Division Bench of B.R. Gavai and Prashant Kumar Mishra, JJ. allowed the appeal and set aside the High Court's impugned order and conviction order. Read more
[Kamal v. State (NCT of Delhi), 2023 SCC OnLine SC 933]
Supreme Court grants regular bail to pregnant woman accused of abetting husband's suicide
he division bench of J.B.Pardiwala and Manoj Misra, JJ. recently granted regular bail to a wife accused of abetting suicide of her husband with whom she was pregnant with a child. Read more
[Kamana Naykar v. State of U.P., 2023 SCC OnLine SC 942]
Murder accused not represented by a lawyer due to strike; SC set aside Rajasthan HC order rejecting bail and remands matter
In a criminal appeal against the order of Rajasthan High Court, wherein the Court rejected the bail to an undertrial prisoner facing charges of committing murder, the division bench of Hrishikesh Roy and Pankaj Mithal, JJ. while granting leave to appeal, set aside the impugned order and remanded the matter to be decided afresh. Read more
[Bhagwan Das v. State of Rajasthan, 2023 SCC OnLine SC 928]
DECISIONS ON ARBITRATION
Dissenting Opinion in Arbitration cannot be treated as an award if majority award is set aside: Supreme Court
In a batch of civil appeals, a common question was to be dealt with relating to the interpretation of a contract condition which required the measurement of quantities used for payment for embankment construction with soil or with pond ash. The Court also dealt with the question of relevance of dissenting opinion in arbitration, the division Bench of S. Ravindra Bhat* and Aravind Kumar, JJ. observed that a dissenting opinion cannot be treated as an award if the majority award is set aside. Read more
[Hindustan Construction Co. Ltd. v. National Highways Authority of India, 2023 SCC OnLine SC 1063]
‘Court cannot modify arbitral award under Section 34 of Arbitration Act': Supreme Court reiterates
The Division Bench of S. Ravindra Bhat and Dipankar Datta, JJ. analysed the scope of interference with arbitration award and reiterated that Court's cannot modify arbitral award under Section 34 of the Arbitration Act. Read more
[Larsen Air Conditioning & Refrigration Co. v. Union of India, 2023 SCC OnLine SC 982]
OTHER NOTABLE JUDGMENTS
Whether Customs Act creates a first charge, overriding the charge in favour of secured creditor? SC answers
While hearing a civil appeal by the Industrial Development Bank of India (‘IDBI’) against the Judgment of Andhra Pradesh High Court, whereby it was held that incase of winding up, the customs authorities have the first right to sell the imported goods under the Customs Act, 1962 (‘Customs Act’) and adjust the sale proceeds towards payment of customs only, the Division Bench of Sanjiv Khanna* and Sudhanshu Dhulia, J. allowed the appeal and held that Customs Act does not create a first charge overriding the charge in favour of secured creditor, in view of Section 529A of the Companies Act, 2013 (‘the Act’). Read more
[Industrial Development Bank of India v. Superintendent of Central Excise & Customs, 2023 SCC OnLine SC 1024]
‘Criminal antecedents of accused cannot be sole consideration to decline quashment of proceedings'; SC Observes
In a criminal appeal filed at the instance of the accused persons/ appellants, against the Allahabad High Court’s order, whereby the accused persons’ petition to quash the First Information Report (‘FIR’) against them for the offences under Sections 395, 504, 506 and 323 of the Penal Code, 1860 (‘IPC’) was declined, the Division Bench of B.R. Gavai and J.B. Pardiwala* allowed the appeal and quashed the impugned order along with the criminal proceedings arising from the FIR. Read more
[Mohd. Wajid v. State of U.P., 2023 SCC OnLine SC 951]
Investigating Agencies not obliged to submit translation of charge sheet in language of the Court: Supreme Court
In twin appeals filed by the Central Bureau of Investigation (‘CBI’) against the High Court order allowing translation of two charge sheets in VYAPAM Scam case, the Division Bench of Abhay S. Oka* and Rajesh Bindal, JJ. held that there was no specific provision for translation of charge sheet in the language of the Court and allowed the instant appeals. Read more
[CBI v. Narottam Dhakad, 2023 SCC OnLine SC 1069]
Executing Court cannot hold execution decree inexecutable, merely because decree-holder lost possession to an encroacher: Supreme Court
The Division Bench of B.V. Nagarathna and Prashant Kumar Mishra*, J. reiterated that the Executing Court could not hold execution decree as inexecutable merely for the reason that the decree-holder lost possession of decretal land to a third party or encroacher, and that it must adjudicate resistance to delivery of possession as per Order XXI Rules 97 to 101 of Civil Procedure Code, 1908 (‘CPC’). Read more
Courts must look into attending circumstances with due care in cases based on ulterior motive for wreaking personal vengeance: Supreme Court
In an appeal filed by the accused against the order passed by the Allahabad High Court, wherein the Court rejected to quash the FIR filed against him for the offence punishable under Section 506 of the Penal Code, 1860 (‘IPC’), the division bench of BR Gavai and JB Pardiwala, JJ. concluded that the FIR dated 11-08-2022 deserves to be quashed, as it is apparent that the State believes that the father-in-law of the accused is a very hardened criminal, the accused who has been implicated in the further statement of the first informant is also a criminal. Thus, the Court set aside the impugned order. Read more
[Salib v. State of U.P., 2023 SCC OnLine SC 947]
Supreme Court decides taxability of interest income on Bank FDs of Clubs; Illuminates Ratio Decidendi
The Division Bench of B.V. Nagarathna and Prashant Kumar Mishra, JJ. held that the decision in Bangalore Club v. CIT, (2013) 5 SCC 509 was to be construed as a precedent and therefore, income earned on fixed deposits by the said Clubs fell within the meaning of Section 2(24) of Income Tax Act, 1961. Read more
[Secundrabad Club v. CIT, 2023 SCC OnLine SC 1004]
Supreme Court | Section 3(2) of Andhra Pradesh Prevention of Dangerous Activities Act, 1986 deals with delegation of powers, not detention period
The 3-judge bench of Dr DY Chandrachud, CJI and JB Pardiwala and Manoj Misra, JJ has held that Section 3(2) of the Andhra Pradesh Prevention of Dangerous Activities of Boot-leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 refers to the period of delegation of powers and it has no relevance at all to the period for which a person may be detained. Read more
[Pesala Nookaraju v. State of A.P., 2023 SCC OnLine SC 1003]
Partition of Property may also be effected under a settlement or an oral understanding: Supreme Court
The Division Bench of Bela M. Trivedi and S.V.N. Bhatti, JJ. observed that there is a principle that there is no prohibition to effect a partition otherwise than through an instrument in writing by duly complying with the requirement of law. The Court explained that the division of property may also be effected under a settlement or an oral understanding. Read more
[H. Vasanthi v. A. Santha, 2023 SCC OnLine SC 998]
“Election contest not an action at law or suit in equity, but a purely statutory proceeding; Election provisions must be strictly construed”: Supreme Court
The Division Bench of Bela M. Trivedi* and S.V.N. Bhatti, JJ. held the Election Petition filed before the Sub Divisional Officer seeking re-counting of votes only not maintainable for not following the procedure laid in the rules regarding re-counting of votes. Read more
[Dharmin Bai Kashyap v. Babli Sahu, 2023 SCC OnLine SC 1000]
Marine Hull Insurance Policy| Insurer not liable to reimburse loss upon Insured's failure to comply with warranty class; SC upholds NCDRC order
In an appeal filed by Hind Offshore Pvt. Ltd. / appellant against the order of the National Consumer Disputes Redressal Commission (‘NCDRC') dated 15-05-2015 wherein the Commission held that the insurance company/respondent is under no contractual or legal obligation to reimburse the appellant for the loss suffered by it on account of the sinking of the vessel, the division bench of A.S. Bopanna and M.M. Sundresh, JJ. after taking note of the provisions relating to warranty and the way the Classification Certificate is issued, said that the appellant had failed to establish that the warranty class had not been breached by them and in that context the seaworthiness or otherwise at the point of accident is not of relevance. Thus, the Court opined that the NCDRC, having considered the relevant aspects of the matter in its correct perspective, has arrived at its conclusion, which cannot be interfered with. Read more
[Hind Offshore (P) Ltd. v. IFFCO – Tokio General Insurance Co. Ltd., 2023 SCC OnLine SC 966]
CCTV in Court complexes; Judicial Infrastructure Digitisation: Supreme Court's big guidelines for improved security for all stakeholders
Considering the non-negotiable nature of the need to ensure safety and security of stakeholders in the judicial process, the bench of S. Ravindra Bhat and Dipankar Datta, JJ has issued guidelines to implement security measures in Courts across the country, with regard to a) Installation of CCTV cameras and other measures to ensure security within court premises; and b) digitisation of Judicial Infrastructure. Read more
[Pradyuman Bisht v. Union of India, 2023 SCC OnLine SC 983]
Supreme Court strikes 75% marks criteria in Class 12 for sports quota
In an appeal challenging order passed by Punjab and Haryana High Court rejecting the petition questioning the imposition of minimum 75% aggregate marks as an eligibility for admission in engineering courses under 2% sports quota, the Division Bench of S. Ravindra Bhat* and Aravind Kumar, JJ. Set aside the said criteria and issued directions for admission to remaining seats of PEC University under Sports quota. Read more
[Dev Gupta v. PEC University of Technology, 2023 SCC OnLine SC 960]
“Right to education not only includes free and compulsory, but also quality education”; Supreme Court rules B.Ed. Graduates ineligible for primary school teaching
The division bench of Aniruddha Bose and Sudhanshu Dhulia, JJ. held that the decision of the NCTE to include B.Ed. as a qualification for teachers in a primary school seems arbitrary, unreasonable and has no nexus with the object sought to be achieved by the Right to Education Act, 2009 (‘RTE Act'), which is to give to children not only free and compulsory but also ‘quality' education. Read more
[Devesh Sharma v. Union of India, 2023 SCC OnLine SC 985]
‘Witnesses from West Bengal expected to communicate and convey their version in National Language Hindi before UP Court': SC
While hearing a transfer petition, seeking transfer of the claim petition lodged before Motor Accident Claims Tribunal (‘MACT'), Farrukhabad, Uttar Pradesh to the MACT, Darjeeling, West Bengal, Dipankar Datta, J. stated that, Hindi being the national language, it is expected of the witnesses of the petitioner, who would be produced before the MACT, Fatehgarh, U.P. to communicate and convey their version in Hindi. Read more
[Pramod Sinha v. Suresh Singh Chauhan, 2023 SCC OnLine SC 924]
NEVER REPORTED JUDGMENTS
Price paid less than market value in transfer of property cannot convert a genuine transaction into a sham one
In a case wherein, an appeal was filed against the judgment of Calcutta High Court (‘High Court'), the Division Bench of Fazl Ali* and Vivian Bose, JJ., opined that the fact that properties were in danger of being sold in execution or price paid was less price than the market value could not convert a genuine transaction into a sham one, and accordingly, set aside the judgment of the High Court and directed the Trial Court's decree to be restored. Read more
[Sanat Kumar Chakravarty v. Krishnadhan Mazumdar, (1952) 1 SCC 127]
Practice of merely agreeing with lower courts is not satisfactory; Appellate court should give clear indication of evidence it relies on
In a case wherein twenty persons were tried for rioting under Sections 147 and 148 of the Penal Code, 1860 (‘ IPC’) and out of these, ten people who were not acquitted by the Sessions Court and the Patna High Court (‘High Court’), had appealed before this Court, the 3-Judges Bench of M.C. Mahajan, Chandrasekhara Aiyar and Vivian Bose*, JJ., held that as the counsel for the appellants did not challenge the analysis of the Sessions Court in regard to their individual cases before the High Court in appeal, thus, this Court could not permit the omission to be agitated as a grievance in special appeal. Read more
[Manzoor Khan v. State of Bihar, (1952) 1 SCC 432]
When Supreme Court upheld validity of detention for more than three months under Section 12 of the Preventive Detention Act, 1950
In a case wherein the validity of orders passed by the District Magistrate of Amritsar (‘DM’) on 6-12-1950 and on 28-3-1951 was challenged, the 3-Judges Bench of Fazl Ali*, B.K. Mukherjea, and Vivian Bose, JJ., opined that the detention order was in conformity with the provisions of Section 12 of the Preventive Detention Act, 1950 (‘the Act’) and the Preventive Detention (Amendment) Act, 1951 (‘Amendment Act’) and accordingly dismissed the petition. Read more
[Prem Singh v. State of Punjab]
When a co-sharer in possession of a joint estate disposes of entire property and appropriates sale proceeds, he will be accountable for money to other co-sharers
In a case wherein the present appeal arises out of the suit, commenced in the Court of the Subordinate Judge at Surat, for administration of the estate of Dhanjibhai Ratanji, who died intestate leaving properties, the 4-Judges Bench of Fazl Ali, M.C. Mahajan, B.K. Mukherjea* and Chandrasekhara Aiyar, JJ., held that when a co-sharer in possession of a joint estate purports to dispose of the entire property including the shares of the other co-sharers to a stranger and appropriates the entire sale proceeds, he was accountable for the money, thus received, to the other co-sharers. The Supreme Court held that subject to the modification that Rs. 1249/8 should be deducted from the amount for which Defendant 1-appellant had been held liable in respect of the mortgage debt due by Dayalji and his sons, the appeal should stand dismissed. Read more
[Dadabhai Kersasji Vandriwalla v. Hirabai, 1951 SCC 122]
KNOW THY SUPREME COURT JUDGES
The Remarkable Odyssey of Justice Sudhanshu Dhulia — from bar to bench
Justice Sudhanshu Dhulia is a second-generation legal professional who joined the Bar at High Court of Judicature at Allahabad and went on to become Judge at Supreme Court of India. His journey from his early schooling days to the present esteemed position is a testament to the power of knowledge, dedication, and the pursuit of justice. Read more…
Justice Jamshed Burjor Pardiwala assumed office as Judge of the Supreme Court of India on 09-05-2022 and is in line to become the Chief Justice of India in 2028. Justice Pardiwala is expected to serve a two-year and three months term as Chief Justice of India from 03-05-2028 to 11-08-2030. Read more…
Justice PV Sanjay Kumar is a judge of the Supreme Court of India. He has formerly served as the Chief Justice of Manipur High Court and Judge of Punjab & Haryana High Court as well as Andhra Pradesh High Court. Read more…
Justice Sanjay Karol served the High Courts of Tripura and Patna as Chief Justice before his elevation as a Supreme Court Judge on 06-02-2023. Read more…
Justice Prashant Kumar Mishra started his legal career from the District Courts and High Courts of Madhya Pradesh and Chhattisgarh and was later appointed as the Chief Justice of Andhra Pradesh High Court. Read more…
