(1)
M/S B AND T AG … PETITIONER Vs.
MINISTRY OF DEFENCE … RESPONDENT D.D
18/05/2023
Arbitration - Barred by limitation - Distinction between claims being barred by limitation and the application for appointment of an arbitrator being barred by limitation. [Para 52]
Cause of action - Determination of when a cause of action accrues - Cause of action arises when there is a person who can sue and another who can be sued, and when all the material facts have happened that are neces...
(2)
THE ANIMAL WELFARE BOARD OF INDIA & ORS. PETITIONER(S) Vs.
UNION OF INDIA & ANR. ..RESPONDENT(S) D.D
18/05/2023
Animal Welfare - Legality of bovine sports under the Prevention of Cruelty to Animals Act, 1960 - Constitutional validity of Amendment Acts - Whether Amendment Acts are colorable legislation - Whether Amendment Acts relate to cultural heritage and preservation of native breeds - Whether Amendment Acts violate constitutional provisions - Whether Amendment Acts overcome defects pointed out in previo...
(3)
ARTI DIXIT & ANR …APPELLANT (S) Vs.
SUSHIL KUMAR MISHRA & ORS …RESPONDENT (S) D.D
18/05/2023
Court of Small Causes - Ex-parte decree - Application to set aside - Requirements - Compliance with proviso to Section 17 of the Act - Deposit or security to be furnished - Duty of the Court - Order promptly - Application under Section 17 to be filed before the application under Order IX Rule 13 of CPC - Permission to furnish security - Security to be acceptable and enforceable. (Para 18)
Inter...
(4)
MADHUPANDIT DAS …APPELLANT Vs.
THE STATE OF WEST BENGAL & ANR. …RESPONDENTS D.D
18/05/2023
Criminal proceedings - Quashing of - Power of High Courts under Section 482 of the Criminal Procedure Code (Cr.P.C.) - Exercise of power to prevent abuse of process of any Court or to secure ends of justice - Powers to be exercised sparingly and with caution - Clear case of abuse of process of law must be made out by accused - Guidelines laid down for exercise of powers of quashing in the case of ...
(5)
Gian Chand …Appellant Vs.
State of Himachal Pradesh …Respondent D.D
18/05/2023
Criminal Appeal - Conviction under Section 304 Part II, IPC - Discrepancies in prosecution evidence - Variance in witness statements - Corroborative testimonies - Medical evidence - Defence version - Appellant convicted by High Court after acquittal by Trial Court - Appeal challenged on grounds of inconsistencies in evidence, non-consideration of defence witness, and passage of time - Held, minor ...
(6)
Government of NCT of Delhi … Appellant Vs.
Ravinder Kumar Jain & Ors. … Respondents D.D
18/05/2023
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Locus of subsequent buyer to invoke Section 24(2) - Held, a subsequent buyer of the land after the completion of the acquisition process does not have the locus to invoke Section 24(2) of the 2013 Act to claim that the acquisition has lapsed. The rights under Section 24(2) a...
(7)
SALEM MUSLIM BURIAL GROUND PROTECTION COMMITTEE …APPELLANT Vs.
STATE OF TAMIL NADU AND ORS. …RESPONDENTS D.D
18/05/2023
Muslim Law - Wakf - Creation of wakf - Requirements - Property dedicated for pious, religious, or charitable purposes - Express dedication or inferred from facts and circumstances - Long usage for religious or public charitable purposes - No evidence of express dedication or long usage in present case - Suit land not established as wakf property. [Para 25-30]
Wakf Act, 1954 - Notification decla...
(8)
SEBIL ELANJIMPALLY Appellant(s) Vs.
THE STATE OF ODISHA Respondent D.D
18/05/2023
Bail application - Rejection of - Co-accused released on bail not surrendering - Whether a relevant factor to decline bail to the appellant - Held, no - Co-accused's actions cannot be attributed to the appellant - Matter requires reconsideration by the High Court.
Narcotic Drugs and Psychotropic Substances Act, 1985 - Offenses under Section 20(b)(ii)(C) - Bail application - Rejection of - C...
(9)
State of Uttarakhand and Anr. .… Appellants Vs.
Ravi Kumar (Deceased) through LRs and others …. Respondents D.D
18/05/2023
Land ownership dispute - Nature of Sale Deed - Inconsistent stand by Respondents - Need for clarification on whether it pertains to sale of leasehold rights or title per se - High Court's parallel findings on the nature of Sale Deed criticized - Sale Deed appears to indicate sale of title rather than leasehold rights. (Para 34-38)
Determination of 1924 Lease Deed - Breach of condition of pr...