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Latest Cases
IMPORTANT POINT
Apartment Buyers Agreement – Cancellation of allotment – To justify forfeiture of advance money being part of “earnest money” terms of contract should be clear and explicit – Agreement is one-sided and totally tilted in favour of Developer. ,03 Feb 2025
Supreme Court of India
IMPORTANT POINTS
(1) Insult within public view – If alleged offence takes place within four corners of wall where members of public are not present, then it cannot be said that it has taken place at a place within public view.
(2) Exercise of Inherent Jurisdiction – Power under Section 482 of Cr.P.C. is required to be exercised sparingly and with circumspection and that too in rarest of rare cases. ,31 Jan 2025
Supreme Court of India
IMPORTANT POINT
Summoning of accused in a criminal case is a serious matter – Criminal law cannot be set into motion as a matter of course. ,30 Jan 2025
Supreme Court of India
IMPORTANT POINT
Summoning of accused in a criminal case is a serious matter – Order of Magistrate summoning accused must reflect that he has applied his mind to facts of the case and law applicable thereto – Magistrate is not a silent spectator at the time of recording of preliminary evidence before summoning accused. ,30 Jan 2025
Supreme Court of India
IMPORTANT POINTS
(1) Conspiracy cannot be made out without some kind of physical manifestation of alleged agreement being established – Principal ingredient of this offence is agreement to commit an offence.
(2) Discharge of accused – Legislative spirit behind this provision envisions rights of accused being balanced with public interest, so as to ultimately prevent abuse of legal process.
(3) Exploitation and Abuse of Domestic Help – Legislature and elected representatives of Indian people, are expected to take imperative steps towards ensuring an equitable and dignified life for domestic workers. ,29 Jan 2025
Supreme Court of India
IMPORTANT POINT
Murder – Conviction and sentence cannot be upheld where version of witnesses does not inspire confidence. ,29 Jan 2025
Supreme Court of India
IMPORTANT POINTS
(1) Appeal – Locus Standi – A stranger cannot be permitted to file an appeal in any proceedings unless he satisfies court that he falls within category of aggrieved persons.
(2) Impleadment of transferee pendente lite – Rejection of application filed under Order I Rule 10 CPC is per se not a ground to reject application for leave to file appeal – A transfer pendente lite is not illegal ipso jure but remains subservient to pending litigation. ,29 Jan 2025
Supreme Court of India
IMPORTANT POINTS
(1) Common intention – For convicting accused with aid of Section 34 of IPC prosecution must establish prior meetings of minds – It must be established that criminal act has been done in furtherance of common intention of all accused.
(2) Appeal against acquittal – Interference with finding of acquittal recorded by Trial Judge would be warranted by High Court only if Judgment of acquittal suffers from patent perversity.
Cases Referred:
Gadadhar Chandra v. State of West Bengal, (2022) 6 SCC 576 [Para 7] – Relied.
Babu Sahebagouda Rudragoudar and others v. State of Karnataka, (2024) 8 SCC 149 [Para 11] – Relied.
Ezajhussain Sabdarhussain and another v. State of Gujarat, (2019) 14 SCC 339 [Para 20] – Relied.
Jasdeep Singh alias Jassu v. State of Punjab, (2022) 2 SCC 545 [Para 20] – Relied.
Madhusudan and others v. State of Madhya Pradesh, 2024 SCC OnLine SC 4035 [Para 20] – Relied.
,28 Jan 2025
Supreme Court of India
IMPORTANT POINT
L.P.G. Distributorship can be allotted where land satisfied all requirements as per advertisement. ,27 Jan 2025
Supreme Court of India
IMPORTANT POINT
Refund of Stamp Duty – Denying a legitimate refund solely on technical grounds of limitation, fails to strike equitable balance ordinarily expected in fiscal or quasi-judicial determinations. ,24 Jan 2025
Supreme Court of India
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