P.Kishore ...Petitioner Vs 1.The Secretary to Government
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Friday, 4 July 2025
From Bribery Probe to Privacy Landmark: Phone Tapping Orders Face Strict Scrutiny of Madras HC
P.Kishore ...Petitioner Vs 1.The Secretary to Government
Supreme Court: Statute creating public duties are directory and those conferring private rights are imperative
In my opinion, this contention of the learned Attorney-General must prevail. It is well settled that generally speaking the provisions of a statute creating public duties are directory and those conferring private rights are imperative. When the provisions of a statute relate to the performance of a public duty and the case is such that to hold null and void acts done in neglect of this duty would work serious general inconvenience or injustice to persons who have no control over those entrusted with the duty and at the same time would not promote the main object of the legislature, it has been the practice of the Courts to hold such provisions to be directory only, the neglect of them not affecting the validity of the acts done. The considerations which weighed with (1) [1947] F.C.R. 141 (154-9).
SUPREME COURT OF INDIA
Dattatreya Moreshwar Pangarkar vs The State Of Bombay And Others on 27 March, 1952
Equivalent citations: 1952 AIR 181, 1952 SCR 612, AIR 1952 SUPREME COURT 181, 54 BOM L R525
Bench: M. Patanjali Sastri, Mehr Chand Mahajan, B.K.
Read full Judgment here: Click here.
Supreme Court Clarifies Law on Unregistered Lease Agreements
Analysis of K.B. Saha & Sons Pvt. Ltd v. Development Consultant Ltd (2008) 8 SCC 654
Introduction
The Supreme Court’s decision in K.B. Saha & Sons Pvt. Ltd v. Development Consultant Ltd (2008) 8 SCC 654 stands as a landmark judgment on the admissibility and legal effect of unregistered lease agreements in India. This case is frequently cited for its authoritative interpretation of Section 49 of the Registration Act, 1908, and its impact on landlord-tenant disputes, especially regarding the use of lease agreements that have not been registered as required by law.
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Several significant Supreme Court judgments in 2025 have clarified the application of dowry death provisions and reinforced the importance of establishing all essential ingredients.
Baljinder Singh v. State of Punjab (June 2025)
The Supreme Court firmly rejected a Black Cat Commando's plea for exemption from surrender in a dowry death case, emphasizing that military service provides no immunity from domestic crimes. In this case, the accused was convicted under Section 304B IPC for strangling his wife within two years of marriage after continuous dowry harassment. The Punjab and Haryana High Court had upheld his 10-year sentence in May 2025, and the Supreme Court refused to grant any exemption, stating that "participating in Operation Sindoor doesn't give you immunity from committing atrocity at home".
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