Author name: chambersofsumitsuri.in

The Hon’ble Supreme Court recently in Mallappa v. State of Karnataka, (2024) 3 SCC 544, has laid down the guiding principles for the appellate court while deciding an appeal against acquittal. It was held that: a. The appreciation of evidence must be comprehensive, covering all the oral and documentary evidence. b. Selective or partial appreciation […]

The Hon’ble Supreme Court in Appaiya v. Andimuthu, 2023 SCC OnLine SC 1183 summarized the principles governing “substantial question of law” in the following words: “12. The phrase “substantial question of law”, as occurring in the amended Section 100 is not defined in the Code. The word substantial, as qualifying “question of law”, means —

The Hon’ble Supreme Court recently in Cuddalore Powergen Corporation Ltd v. M/s Chemplast Cuddalore Vinyls Limited and Anr [2025] 2 S.C.R. 123 : 2025 INSC 73, while adjudicating the rejection of suit under Order II Rule 2, categorically held that it does not operate as a bar when the subsequent suit is based on a cause

The question that arose in Rina Kumari @ Rina Devi @ Reena v. Dinesh Kumar Mahto @ Dinesh Kumar Mahato and another (Criminal Appeal No. 161 of 2025) was whether a husband, who secures a decree for restitution of conjugal rights, stands absolved of paying maintenance to his wife by virtue of Section 125(4), Code

An importance question arose before the Hon’ble Supreme Court in Subrata Choudhury @ Santosh Choudhury & Ors. v. The State of Assam & Anr. [2024] 11 S.C.R. 1 : 2024 INSC 834 that whether after the acceptance of a negative Final Report in the first complaint, upon considering the written objections/protest petition and hearing the complainant,

An important issue arose before the Hon’ble Supreme Court in Birma Devi & Ors. v. Subhash & Anr. [2024] 12 S.C.R. 484 : 2024 INSC 949 that whether the relief of possession may be granted by the executing court in a case where the suit has been decreed for specific performance simpliciter and no express

The Hon’ble Supreme Court recently in Chatrapal v. The State of Uttar Pradesh & Anr. [2024] 2 S.C.R. 348 : 2024 INSC 115 summarized the principles governing the scope of interference by a High Court under Article 226/ 227 of the Constitution of India in disciplinary proceedings held against an erring employee. It held that the

The Hon’ble Supreme Court in Mamidi Anil Kumar Reddy v. The State of Andhra Pradesh & Anr. [2024] 2 S.C.R. 252 : 2024 INSC 101 held that if the allegations of cruelty and domestic violence levelled against in-laws are found to be general and vague, lacking any material particulars and specific role, such proceedings would amount

The Hon’ble Supreme Court in Naresh Chandra Agrawal v. The Institute of Chartered Accountants of India and Others [2024] 2 S.C.R. 194 : 2024 INSC 94 summarized the following legal principles that are relevant in adjudicating cases where subordinate legislation are challenged on the ground of being ‘ultra vires’ the parent Act: The doctrine of ultra vires envisages

In Ernakulam Regional Cooperative Milk Producers Union Ltd. Etc. v. Nithu & Ors. Etc. [2024] 1 S.C.R. 1235 : 2024 INSC 230 the Hon’ble Supreme Court, in the context of adjudicating an issue which involved the challenge to maintainability of a writ petition under Article 226 of the Constitution of India before a High Court, reiterated