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Bench comprising Justice JB Pardiwala and Justice R. Mahadevan Introduction The Supreme Court in Cuddalore Powergen Corporation Ltd. vs. M/s Chemplast Cuddalore Vinyls Limited and Another dealt with the applicability of Order II Rule 2 of the Code of Civil Procedure (CPC) in cases involving subsequent suits based on fresh causes of action. The judgment clarified the scope of Order II Rule 2 CPC, emphasizing that it does not bar subsequent suits when the relief sought was not enforceable at the....
Read MoreThe case of Satyendra Kumar Dubey vs. Central Bureau of Investigation (CBI) pertains to the tragic death of whistleblower Satyendra Kumar Dubey, who was an Indian Engineering Service (IES) officer. Dubey was working on the Golden Quadrilateral project and had exposed large-scale corruption in the project. Satyendra Kumar Dubey wrote to the Prime Minister’s Office (PMO) in 2002, highlighting corruption in the National Highways Authority of India (NHAI). Despite requesting anonymity, his identity was disclosed, leading to threats. On November....
Read MoreBench Comprising of Justice Sudhanshu Dhulia and Justice Prashant Kumar Mishra Introduction This case examines the application of Section 34 IPC (Section 34: Acts done by several persons in furtherance of common intention) in the context of criminal liability. The Supreme Court emphasized that when multiple accused act with a common intention, the severity of injury inflicted by individual acts cannot be a sole factor to reduce the conviction or sentence. Facts Accused Nos. 2 (K.B. Vijayakumar) and 3 (K.B.....
Read MoreIntroduction The case deals with the principles of impleadment of parties under Order I Rule 10 of the Code of Civil Procedure, 1908 (CPC), Order I Rule 10 CPC: Deals with impleadment of parties in civil suits. It addresses the issue of whether a third party, who is not a necessary or proper party to the suit, can be added as a party based on their claim of interest in the subject matter of the dispute. The judgment provides clarity....
Read MoreBENCH COMPRISING OF JUSTICE D.A DESAI, JUSTICE RB MISRA This case revolves around the question of circumstantial evidence and the burden of proof in criminal law. The appellant, Dudh Nath Pandey, was convicted for the murder of his cousin, Ram Prakash Pandey. The conviction was based on circumstantial evidence, and the Supreme Court was called upon to address key issues of admissibility and sufficiency of such evidence to uphold the conviction. FACTS Ram Prakash Pandey was killed on the night....
Read MoreThe case deals with the issue of whether a resigned director of a company can be held liable under Section 141 of the Negotiable Instruments Act, 1882 (“NI Act”) for cheques issued by the company after their resignation. The Supreme Court quashed the High Court's decision, clarifying that liability under Section 141 cannot be imposed on a person who was no longer a director at the time of the issuance of the cheque. Provisions: 1. Section 138, NI Act: Deals....
Read MoreThe Supreme Court, in this case, clarified the applicability of Section 12(3) of the Specific Relief Act, 1963 (SRA). The bench, comprising Justice J.B. Pardiwala and Justice R. Mahadevan, ruled that part performance of a contract cannot be claimed when the unperformed portion is substantial, non-segregable, and the plaintiff neither relinquishes claims for the unperformed part nor demonstrates readiness to perform the contract. Facts The case arose from an agreement to sell a property for Rs 84 Lakhs. The Plaintiff....
Read MoreBench CJI DY Chandrachud and Justice JB Pardiwala The Supreme Court in Case Just rights for children alliance Vs S. Harish, a bench comprising CJI DY Chandrachud and Justice JB Pardiwala addressed critical issues concerning the possession and consumption of child sexual exploitative and abuse material (CSEAM) under Indian law. The Court's judgment clarified the legal interpretations of relevant provisions in the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Information Technology (IT) Act, 2000, emphasizing the stringent....
Read MoreThe case of Sheela Barse v. State of Maharashtra is a landmark judgment in India, shaping the course of juvenile justice and human rights. Social activist Sheela Barse played a pivotal role by raising her voice against the inhumane conditions prevalent in Indian jails and juvenile homes, bringing attention to the need for reform and justice. Facts of the case Journalist Sheela Barse, based in Bombay, sought permission to interview female inmates in Maharashtra prisons. She was told she could....
Read MoreThe petitioners challenged the validity of Article 323A of the Constitution, which was added by the 42nd Amendment in 1976. This article excluded the High Courts' jurisdiction under Articles 226 and 227 in service-related matters. Additionally, they contested Sections 4, 5, 6, and 28 of the Administrative Tribunals Act, 1985. These sections laid out the qualifications and appointment procedures for the Chairman and Vice-Chairman of the Administrative Tribunal. The case focused on two key issues: Whether removing the High Courts’....
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