Case Comment

Y Bala ji v. Karthik Desari; SLP (Cri.) Nos. 12779-12781 of 2023

Facts [1]In the case of Y. Balaji v. Karthik Desari, the Supreme Court of India addressed serious allegations surrounding a cash-for-jobs scam involving Tamil Nadu’s Minister of Electricity and Prohibition, V. Senthil Balaji. The case revolves around accusations that Balaji accepted bribes from job aspirants in exchange for appointments to the Tamil Nadu State Transport …

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CASE COMMENTRY Rojer Mathew v. South Indian Bank Ltd. And Ors.

The case of ‘Rojer Mathew v. South Indian Bank Ltd. And Ors.’ revolves around the Finance Act, 2017, which was introduced on March 31, 2017. This Act made crucial changes to the structure and organization of tribunals in India. Specifically, it allowed the Central Government to set the rules concerning the qualifications, appointments, terms of …

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 Larsen Air Conditioning and Refrigration Company  v. Union of India

Bench: S. Ravindra Bhat and Dipankar Datta, JJ. FACTS The case of Larsen Air Conditioning and Refrigration Company v. Union of India was based on a contractual dispute between the appellant company and the Union of India. The exact terms of the contract are not outlined in the judgment, but it seems that Larsen Air …

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SUPREME COURT OF INDIA JANHIT ABHIYAN V. THE UNION OF INDIA (2022)

7 November 2022 (EWS Reservation Case) Hon’ble Judges- Justice Uday Umesh Lalit (CJI), Justice Dinesh Maheshwari, Justice Bela M Trivedi, Justice J B Pardiwala, and Justice Shripathi Ravindra Bhat Case Comment: In a 3-2 majority, the Supreme Court upheld the 103rd Constitutional Amendment providing EWS reservation. With this, the Court extended the net of reservation …

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CASE COMMENT: “SUPRIYO CHAKRABORTY & ANR V. UNION OF INDIA” 2023 INSC 920

CASE NUMBER – W.P. (C) No.-001011 – 2022 PETITIONER – Supriyo @ Supriya Chakraborty & Anr. RESPONDENTS – Union of India BENCH – Hon’ble Chief Justice of India D.Y.  Chandrachud, Hon’ble Mr. Justice Sanjay Kishan Kaul, Hon’ble Mr. Justice S. Ravindra Bhat, Hon’ble Ms. Justice Hima Kohli, Hon’ble Mr. Justice Pamidighantam Sri Narasimha DATE OF …

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CASE_COMMENT_ Harshada_Rajpure- _Harshada_Rajpure.docx by Safia Nu 

Submission date: 19-Sep-2024 11:05AM (UTC+0800)  Submission ID: 2450211496  File name: CASE_COMMENT_-_Harshada_Rajpure_-_Harshada_Rajpure.docx (19.65K) Word count: 1526  Character count: 8440 1  5 1  2  4 1  1  1  1  1  1  1  1  1 3 6 CASE_COMMENT_-_Harshada_Rajpure_- _Harshada_Rajpure.docx  ORIGINALITY REPORT  12% SIMILARITY INDEX  PRIMARY SOURCES  12%  INTERNET SOURCES  1%  PUBLICATIONS  2%  STUDENT PAPERS  1 9%  canonsphere.com  Internet …

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Committee Of Creditors of Essar Steel vs Satish Kumar Gupta,2019

Facts Essar Steel India Limited, a carbon steel manufacturing company, produced steel products from iron ore. However, after 2010, the company began incurring losses, forcing it to take substantial loans from both public and private banks. Once a key player in India’s steel industry, it faced financial troubles and was classified as a Non-Performing Asset …

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ALOK VERMA V UOI (2019)

FACTS Alok Verma was appointed as the Director of the Central Bureau of Investigation (CBI) in January 2017, marking the beginning of a significant tenure that was marred by controversies. A serious conflict arose between him and the CBI’s Special Director, Rakesh Asthana, who both accused each other of corruption, leading to a breakdown of …

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M/s. Sun Pharmaceutical Industries Ltd. Vs Union of India (2024)

Facts of the case: Issues Raised: Contention:     -Classification as Distributor: Sun Pharmaceutical contended that it should not be classified as a “distributor” under the DPCO. The company argued that it did not directly fulfill the role of a distributor as defined by the DPCO, and therefore, it should not be held liable for …

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SITA SOREN V. UNION OF INDIA (2024): PRIVILEGES OF PARLIAMENTARY AND CONSTITUTIONAL IMMUNITY SCHEME OF THE CONSTITUTION

Article 105(2): No member of either House of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof. Further, no person shall be liable to any proceedings in any court in respect of the publication by or under …

SITA SOREN V. UNION OF INDIA (2024): PRIVILEGES OF PARLIAMENTARY AND CONSTITUTIONAL IMMUNITY SCHEME OF THE CONSTITUTION Read More »

CASE COMMENT M Siddiq (D) Thr Lrs vs Mahant Suresh Das & Ors on 9 November 2019

By  Gargi Singh, Symbiosis Law School, Pune Introduction:-  The Ayodhya dispute (M. Siddiq v. Mahant Suresh Das) It is a notable land case in India. The Ayodhya dispute had reached the Supreme Court, specifically M. Siddiq v. Mahant Suresh Das. In this case, the Indian High Court, which had a three-judge bench, pronounced its judgement …

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Civil Appeal No. 6466 OF 2024 KOLKATA MUNICIPAL CORPORATION & ANR. VERSUS BIMAL KUMAR SHAH & ORS

                                  Facts: i) The Kolkata Municipal Corporation (Appellant) acquired the property belonging to Mr. Bimal Kumar Shah (Respondent No. 1), located at Premises No. 106C, Narikeldanga North Road, Kolkata – 700011 (the Property), under the authority granted by Section 352 of the Kolkata Municipal Corporation Act, 1980. This section empowers the acquisition of lands and …

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2023 INSC 468 SHILPA SAILESH v. VARUN SREENIVASAN

BACKGROUND  Case Name: Shilpa Sailesh v. Varun Sreenivasan Acts Involved: Constitution of India; Hindu Marriage Act, 1955 Important Provisions: Article 142, Section 13B  Court: Supreme Court  Bench: Justices S.K. Kaul, Sanjiv Khanna, Abhay S. Oka, Vikram Nath, and J.K. Maheshwari. Petitioner: Shilpa Sailesh Respondent: Varun Sreenivasan   Case type: TRANSFER PETITION (CIVIL) / 1118/2014 Date of …

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Case Comment: Ravikumar Dhansukhlal Maheta & Anr. Vs. High Court of Gujarat & Ors. Writ Petition © No. 432 of 2023

The case of Ravikumar Dhansukhlal Maheta & Anr. Vs. High Court of Gujarat & Ors. involves a significant legal dispute that touches upon the interpretation and application of the principle of “Merit-cum-Seniority” in the promotion process for judicial officers in the state of Gujarat. This case is pivotal in understanding how merit and seniority are …

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CASE BRIEF WRIT PETITION (CRIMINAL) NO. 160 OF 2020 Amish Devgan v.  Union of India

Petitioners: Amish Devgan Respondents: Union of India  Acts involved: Indian Penal Code (IPC) Important provisions: Sections 153A, 295A, and 505(2) of the Indian Penal Code and Section 66F of the IT Act [1] Court: Supreme Court of India Bench: Justices A.M. Khanwilkar and Sanjiv Khanna Judgement date: December 7, 2020 FACTS ISSUES RAISED CONTENTION Contentions …

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CASECOMMENT:BIKRAMCHATTERJI & OTHERS Vs. UNION OF INDIA AND OTHERS

The Amrapali Group, established in 2003, quickly became a significant player in the Indian real estate market. The company’s primary goal was to provide affordable housing to meet the increasing demand in urban areas. Headquartered in Noida, Uttar Pradesh, the group’s portfolio included residential complexes, commercial buildings, and luxury apartments. By leveraging aggressive marketing strategies …

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X VS The Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi & Anr. (2022)

PARTIES:     TYPE OF CASE: Appellant: X  Respondents: The Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi & Anr Civil Appeal No 5802 of 2022 SLP (C) No 12612 of 2022 COURT: THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION DATE: September 29, 2022 BENCH: J. Dr Dhananjaya Y Chandrachud, J. …

X VS The Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi & Anr. (2022) Read More »

Indibily Creative Pvt. Ltd. vs Govt. Of West Bengal on 11 April, 2019.

PARTIES: Petitioner: Indibility Creative Pvt Ltd Respondent: Govt of West Bengal COURT: Supreme court of India DATE: April 11, 2019 BENCH: Justice D Y Chandrachud and Hemant Gupta LEGAL COUNSELS: Petitioner: Mr. Sanjay Parikh Respondent: Dr Abhishek Manu Singhvi FACTS: Voltaire: “I despise what you say but will defend to the death your right to …

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DOBBS v. JACKSON WOMEN’s HEALTH ORGANIZATION (2022)

FACTS The Gestational Age Act of Mississippi, which was approved in 2018, was the key controversy in the Dobbs v. Jackson case. It restricted abortions that were beyond 15 weeks of pregnancy when there was proof of urgent medical needs or extreme fetal defects. Furthermore, this law linked abortion providers to fines including license termination. Jackson Women’s …

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VINUBHAI HARIBHAI MALAVIYA VS. STATE OF GUJARAT. 2019 (SC) 5233

Facts of the Case Vinubhai Haribhai Malaviya and others, the petitioners, were accused in a criminal case regarding a dispute over an agricultural land situated in Surat and involving severe offenses under the Indian Penal Code (IPC), now known as the Bharatiya Nyaya Sanhita (BNS). The investigation was completed with a written petition and the …

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SHRIMANTH BALASAHEB PATIL VS HON’BLE SPEAKER KARNATAKA, 2020 (2) SCC 595 

Facts of the case The current case pertains to a group of writ petitions filed by Members of the Legislative Assembly (MLA’s) of the Karnataka Legislative Assembly against the disqualification orders issued by the Speaker of the assembly. The disqualification petition was lodged with the Speaker against five MLA’s from the ruling party on 11.02.2019. …

SHRIMANTH BALASAHEB PATIL VS HON’BLE SPEAKER KARNATAKA, 2020 (2) SCC 595  Read More »

Purno Agitok Sangma vs. Pranab Mukherjee (2013) 2 SCC 239

Case name: PURNO AGITOK SANGMA VS PRANAB MUKHERJEE Citation: (2013) 2 SCC 239  Petitioner: Purno Agitok Sangma  Responder: Pranab Mukherjee Petitioner Counsel: Learned Senior Advocate Ram Jethmalani Responder Counsel:  Learned Senior Advocate Harish Salve FACTS: The case revolves around the 2012 presidential election between Purno Agitok Sangma and Pranab Mukherjee. Sangma challenged Mukherjee’s eligibility, claiming …

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TAJ MAHAL HOTEL V. UNITED INDIA INSURANCE CO. LTD AND ORS. [SC/1566/2019]

FACTS: ISSUES RAISED: 1. “Whether it is true that the insurer had locus standi to file the subrogee complaint? 2. Whether the Appellant-hotel, under the laws of bailment or elsewhere, will be held liable for the theft of the car taken for valet parking?  3. Whether it is possible for the Appellant-hotel to be released …

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INDIAN EX-SERVICEMEN MOVEMENT V. UNION OF INDIA (2022)

Case Citation: WP (C) 419/2016 Judges: D Y Chandrachud (CJI), Surya Kant J, Vikram Nath J Facts: Issues raised  Contention Contentions from Petitioner’s side: Contentions from the Respondent’s side:  Rationale Defects in law: Inference The Apex court in its judgment has quoted the description given by Lon Fuller on public policy issues that come up …

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 Larsen Air Conditioning and Refrigeration Company  v. Union of India

FACTS The instant case was due to a contractual dispute between the appellant company and the Union of India. The exact terms of the contract are not outlined in the judgment, but it seems that Larsen Air Conditioning won some work on tender, which subsequently led to certain disputes. Thereafter, on April 22, 1997, the …

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CHARAN SINGH@ CHARANJIT SINGH V. STATE OF UTTARAKHAND, 2023

FACTS ISSUES RAISED CONTENTIONS Contentions by the Appellant – Charan Singh Contentions by State (Prosecution) RATIONALE The Supreme Court’s decision to allow the appeal and set aside the High Court’s judgment was based on the following rationale: .    The Court emphasized that mere unnatural death of a woman in her matrimonial home within seven years …

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CASE COMMENT ON M.K. RANJITSINH V. UNION OF INDIA (GREAT INDIAN BUSTARD CASE)

INTRODUCTION “Create the right environment before you work on the future. There’s nothing worse than walking through hell to get to heaven” -Troy Gathers Development and Environment both are inversely proportional to each other. If we chose development, there will be an adverse impact on environment and if environment is prioritized then development will eventually …

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CASE COMMNET Republic TV Vs. Maharashtra 

{TRP Scam Case} Facts The controversy also known as “TRP Scam Case.” Where in 2020, Mumbai Police arrested several individuals including Republic TV and its editor Arnab Goswami and former employees of rating agency BARC {Broadcast Audience Research Council}. The investigation revealed that some of the channels were using unwanted means to manipulate ratings which …

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ELECTROSTEEL STEELS LIMITED VS UNION OF INDIA, 2021

The company Electrosteel Steels Limited (ESL) operates a huge steel production facility in Bokaro, Jharkhand, which leaves behind a substantial economic footprint. The company has stated that it has approximately 3,000 regular and 7,000 contractual employees, and its steel production stands valued at Rs.4,200 crores. On top of this, the plant also indirectly has around …

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Neha Chawla vs. Virender Chawla and Anr. (CRR – 1503 – 2019)

Fouzaan Ahsan1 The Supreme Court of India decided the matter of Neha Chawla vs. Virender Chawla and Anr. on October 4, 2019. This case emerged from a complaint filed by Neha Chawla against her brothers-in- law, Virender Chawla and another respondent, under the Domestic Violence Act, 2005. Neha Chawla took her marriage vows in the …

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CASE COMMENT: BIKRAMCHATTERJI & OTHERS Vs. UNION OF INDIA AND OTHERS 

• FACTS  The Amrapali Group, established in 2003, quickly became a significant player in the Indian real estate market. The company’s primary goal was to provide affordable housing to meet the increasing demand in urban areas. Headquartered in Noida, Uttar Pradesh, the group’s portfolio included residential complexes, commercial buildings, and luxury apartments. By leveraging aggressive …

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CASE COMMENT ON CHEBROLU LEELA PRASAD RAO AND ORS. V. STATE OF ANDHRA PRADESH AND ORS.

Appellant: Chebrolu Leela Prasad Rao & Ors. Respondent: State of Andhra Pradesh & Ors. Court: Supreme Court of India Case Number: Appeal (Civil) No. 3609 of 2002 Citation: 2020 SCC Online SC 383 Bench: Justice Arun Mishra; Justice Indira Banerjee; Justice Vineet Saran; Justice M.R.Shah and Justice Aniruddha Bose Date of Judgment: 22nd April 2020 …

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Chief Election Commissioner of India vs M.R Vijayabhaskar and Others

Decided on: 06th May, 2021 Bench: Dr. D.Y Chandrachud and M.R Shaw, JJ[i] Facts On 26th February 2021, the Election Commission of India (ECI) announced General Elections to the Legislative Assemblies of Tamil Nadu, Kerala, West Bengal, Assam, and Puducherry. Accordingly, the elections in the State of Tamil Nadu were scheduled such that the polling …

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Supreme Court of India Supriyo @ Supriya Chakraborty & Anr. versus Union of India

Facts In November 2022, a group of 21 same sex couples led by petitioners Supriyo (aka Supriya Chakraborty) and Abhay Dhang approached the Supreme court seeking legal recognition of same-sex marriage under various Indian laws. The petitioners sought judicial intervention to challenge non recognition under laws like the Special Marriage Act, of 1954, the Foreign …

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CASE COMMENT : Vijay Madanlal Choudhary vs Union Of India[2022] SLP(Crl.) No. 4634 of 2014

FACTS:- A crucial piece of legislation in India designed to halt the process of money laundering and confiscate assets linked to such activities is the Prevention of Money Laundering Act, 2002 (PMLA). Its primary objectives are to prevent and manage money laundering, confiscate and forfeit assets obtained through or utilized in money laundering, and combat …

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Case Comment on Shilpa Sailesh v. Varun Sreenivasan [2023] 5. S.C.R. 165

The case of Shilpa Sailesh v. Varun Sreenivasan is a watershed moment in Indian Family Law, introducing in a unused worldview in the judiciary’s approach to conjugal issues and separate. This case bargains with critical lawful questions with respect to the scope of the Supreme Court’s powers beneath Article 142 of the Indian Constitution.  The …

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CASE COMMENTARY: MANOHAR v. STATE BY INSPECTOR OF POLICE, VARIETY POLICE STATEION, COIMBATORE.

Case name: Manoharan v. State by Inspector of Police Equivalent Citation: 7 SCC 716 Date of Judgement: 7 November, 2019 Appellant: Manoharan Respondent: State by Inspector of Police, Variety Hall Police Station, Coimbatore Bench: Rohinton Fali Nariman, Sanjiv Khanna, Surya Kant Facts of the case:  Issues Raised:  Appellant’s Contentions: Respondent’s Contentions: Trial Court Judgement: The …

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