Complete Supreme Court Half Yearly Digest 2024 [Part-1]

Abuse of Process of LawCollusion between parties in tender process – Held, respondent no. 1 in collusion with respondent no. 2, had misused the process of law for covering up the irregularities and illegalities committed in the tender process. The division bench of High Court failed to notice the ill-intention of the respondent nos. 1 and 2 and via the impugned order, permitted respondent no....

Supreme Court Half Yearly Digest 2024 - Criminal Minor Acts

Food Safety and Standards Act, 2006If a case is registered against an accused for food adulteration under the Indian Penal Code, 1860 (“IPC”), then by virtue of the overriding effect of Section 89 of Food Safety and Standards Act, 2006 (“FSSA”), the proceedings under IPC cannot be continued against the accused. There cannot be simultaneous prosecution under the IPC and FSSA because...

Supreme Court Half Yearly Digest 2024 - Civil Minor Acts

Agricultural Produce and Livestock Markets Act, 1966 (Andhra Pradesh)Ghee as a product of livestock – The inclusion of “ghee” as a livestock product cannot be faulted merely because it is not directly obtained from milk, which is a product of livestock, it would still be a “product of a product of livestock”. 'Ghee' is derived out of 'milk' by undergoing a process, yet it still...

Supreme Court Half Yearly Digest 2024 - Constitution of India

Article 12 & 226 – Maintainability of Writ Petition – 'State' or 'Other Authority' – The respondent employer, Air India Limited (AIL) after its disinvestment ceased to be a State or its instrumentality within the meaning of Article 12 of the Constitution of India – The writ petitions were maintainable on the date of institution but whether they continued to be maintainable as on...

Supreme Court Half Yearly Digest 2024 -Indian Penal Code, 1860

Section 34 – Common intention – The existence of common intention in a given case must necessarily be established by the Prosecution with relevant evidence. The Court also has the responsibility to analyze and assess the evidence before convicting a person with the aid of Section 34 of the IPC. Importantly, a mere common intention per se may not attract Section 34 IPC without action...

Supreme Court Half Yearly Digest 2024: Evidence Act

EvidenceAppreciation of Evidence – The High Court fails to appreciate evidence in a thorough manner and merely relied on a limited set of facts to arrive at a finding. In an appeal, as much as in a trial, appreciation of evidence essentially requires a holistic view and not a myopic view. Appreciation of evidence requires sifting and weighing of material facts against each other and...

Supreme Court Half Yearly Digest-Code Of Criminal Procedure [Jan – June, 2024]

Code of Criminal Procedure, 1973 'Absurdity': Supreme Court quashes FIR which alleged book in Indore law college library hurt religious sentiments. Inamur Rahman v. State of M.P. 2024 LiveLaw (SC) 423 Appeal against conviction – Held, Conviction is confirmed. The impugned judgments do not suffer from any infirmity warranting any interference. (Para 49 & 50) Sukhpal Singh v....

Supreme Court Biannual Digest 2022 -2023: Code Of Criminal Procedure

Code of Criminal Procedure 1973High Courts should endeavour to ensure that all basic essentials (i.e. FIR No., Date, the concerned police station and the offences allegedly committed etc.) are duly recorded or reflected in the format of the bail orders. Ravish Kumar v. State of Bihar, 2023 LiveLaw (SC) 206No accused can be permitted to play with the investigation and/or the court's process....

Gujarat High Court Half Yearly Digest: January - June 2024 [Citation 1 to 80]

Nominal Index [Citations: 2024 LiveLaw (Guj) 1-80 ]M/S AMIT HOSPITAL PVT. LTD. Versus PRINCIPAL COMMISSIONER OF INCOME TAX 2024 LiveLaw (Guj) 1 DHVANIL HEMENDRA RESHAMWALA Versus INCOME TAX OFFICER, WARD 1(3)(1) 2024 LiveLaw (Guj) 2 The Principal Commissioner Of Income Tax (Central), Versus Montecarlo Construction Ltd. 2024 LiveLaw (Guj) 3 Madhaviben Jitendrabhai Rupareliya vs State of...

Jammu & Kashmir And Ladakh High Court Half Yearly Digest: January To June 2024

Nominal Index:Sahil Gupta Vs UT of J&K 2024 LiveLaw (JKL) 1Abdul Rahim Ganai V/s State of JK and others (SRTC) 2024 LiveLaw (JKL) 2Waqas Riyaz Khan Vs UT of J&K 2024 LiveLaw (JKL) 3MOHAMMAD BIN SHORA Vs. UNION OF INDIA AND ANOTHER 2024 LiveLaw (JK) 4Pritam Chand alias Pritam Singh Vs Dr. Kamal Saini 2024 LiveLaw (JKL) 5Haja @ Hajira Bano Vs Gh. Mohammad Ahangar 2024 LiveLaw (JKL)...

Supreme Court Biannual Digest 2022 - 2023 [Indian Penal Code]

Penal Code 1860Appeal against judgment of Allahabad HC which acquitted accused by setting aside conviction recorded by Trial Court under Section 302 and 148 IPC - Partly allowed - Accused convicted under Section 304 Part I r/w Section 149 IPC and for the offence under Section 148 IPC. State of Uttar Pradesh vs Subhash @ Pappu, 2022 LiveLaw (SC) 336 : AIR 2022 SC 1651 : (2022) 6 SCC...

Jharkhand High Court Half Yearly Digest: January - June 2024

Nominal Index [Citations: 2024 LiveLaw (Jha) 1- 103]Rahul Yadav @ Hari Kumar Yadav, vs. The State of Jharkhand & Anr 2024 LiveLaw (Jha) 1Gautam Kumar Banarjee vs. Dr. C.P. Vidyarthi & Anr 2024 LiveLaw (Jha) 2Steel Authority of India Ltd vs. The State of Jharkhand and others 2024 LiveLaw (Jha) 3CTET Utteern Abhiyarthi Sangh vs. State of Jharkhand 2024 LiveLaw (Jha) 4Branch Manager,...