Case Comment

Case Comment: Satender Kumar Antil v. Central Bureau of Investigation (2022)

Bench- Justice Sanjay Kishan Kaul and Justice M.M Sundresh Introduction The Supreme Court observed that there had been many judgements in the High Court favouring the accused regarding his groundless arrest and upholding the right as enshrined under Articles 19 and 21 of the Indian Constitution, however, there were also many instances where the Trial …

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In Re Prashant Bhushan & Anr. (2020) (Contempt of Court Case)

-Case commentary INTRODUCTION On the 14th of August 2020, Advocate Mr. Prashant Bhushan faced the Supreme Court of India’s criminal contempt charges due to two tweets. The case gained widespread attention for the observations made by the Supreme Court. Mr. Bhushan was fined Re. 1, and failure to pay could have resulted in a three-month …

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The State Of Jharkhand V/S Shailendra Kumar Rai

Bench: Justice Hima Kohli and CJI D.Y.Chandrachud Case No.: Criminal Appeal No.1441 of 2022 Appellant: State of Jharkhand Respondent: Shailendra Kumar Rai @ Pandav Rai Appellant’s Advocate: Madhusmita Bora Court: Supreme Court of India Jurisdiction: Criminal appellate Judgment Date: 31 October, 2022 FACTS ISSUES RAISED Based on the arguments received on behalf of the parties, …

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CASE COMMENT

CITATION :-                                               W.P.(C) No. 1011/2022Diary No. 36593/2022 DATE OF JUDGMENT:-                                                                    17 October, 2023 COURT:-                                                                         SUPREME COURT OF INDIA PETITIONERS:-      SUPRIYO CHAKRABORTY, ABHAY DANG, PARTH PHIROZE                                         MEHROTRA, UDAY RAJ ANAND RESPONDENT:-                                                                                     UNION OF INDIA BENCH:-       D.Y.CHNDRACHUD CJI, S.K..KAUL J,S.R.BHAT J,HIMA KOHLI J,   P.S.NARSIMHA  J Facts The cases were filed by the LGBT Community …

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TASK 2: SUNIL v. THE STATE (GOVT OF NCT OF DELHI), 2014.

WRIT PETITION (CIVIL) NO. 576 OF 2013 DATE OF JUDGEMENT: 20/01/2014 RESPONDENT:  THE STATE APPELLANT: SUNIL BENCH:  JUSTICE V.K. JAIN FACTS OF THE CASE: On November 6th, 2009, Priyanka, the deceased, who was married to Ramesh Kumar and related to Sahib Singh, Raj Rani, Manju, Ravinder, and Sunil, was taken to Saroj Hospital & Heart …

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Bangalore’s Jack the Ripper: B.A. Umesh v/s Union of India

Court Name: The Supreme Court of India Jurisdiction: Criminal Appellate Jurisdiction Appeal Number: Criminal Appeal No. 1892 of 2022 arising out of S.L.P. (Crl.) No. 890 of 2022] Appellant: B.A. Umesh aka Umesh Reddy Respondent: Union of India Bench: CJI D Y Chandrachud, J. P.S Narasimha, J. S. Ravindra Bhat Date of Judgment: November 4, …

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Case commentary on Satvinder Singh Saluja and others v State of Bihar

NAME OF CASE: Satvinder Singh Saluja and Others V State of Bihar[1] CITATION: AIR (2019) 7 SCC 89 DATE OF JUDGEMENT: 01 /07/2019 APPELLANTS: Satvinder Singh Saluja and Others RESPONDENT: State Of Bihar BENCH/JUDGE: K Joseph and A Bhushan LEGAL PROVISIONS: Constitution Of India, Bihar Excise (Amendment) Act, 2016, Bihar Prohibition and Excise Act, 2016. …

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CASE COMMENTARY

Supriyo @ Supriya Chakraborty & Anr.                                       … Petitioners Versus Union of India                                                                              … Respondent Writ Petition (Civil) No. 1011 of 2022 FACTUAL MATRIX On 14th November 2022, writ petitions were filed before the Hon’ble Supreme Court by two same-sex couples (hereinafter referred to as “Petitioners”) seeking legal recognition of same-sex marriages in India. These petitions …

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CASE: Supriyo @ Supriya Chakraborty & Anr. Vs Union of India

CITATION: Writ Petition (Civil) No. 1011 of 2022 Date of Judgment: October 17, 2023 PETITIONERS: Supriyo @ Supriya Chakraborty & Anr. Respondent: Union of India BENCH: CJI D.Y. Chandrachud, J. S.K. Kaul, J. Ravindra Bhat, J. Hima Kohli & J. P.S. Narasimha LEGAL PROVISIONS: Articles 14, 15, 19, 21, and 25 of the Indian Constitution, …

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 KERALA UNION OF WORKING JOURNALISTS Vs. UNION OF INDIA & ORS

COURT NAME:  IN SUPREME COURT OF INDIA JURISDICTION:  CRIMINAL ORIGINAL JURISDICTION APPEAL NO:   WRIT PETITION(criminal) no(s). 307 of 2020 APPELLANT:   Kerala Union of Working Journalists RESPONDENT:   Uttar Pradesh Government JUDGE/ BENCH:   Former CJI N.V.Ramana, Justice A.S. Bopanna, Justice Surya Kant DATE OF JUDGEMENT:   28 April, 2021 SUBJECT MATTER:   Habeas Corpus Petition STATUES/ CONSTITUTION INVOLVED:   Indian …

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Satish Chander Ahuja V. Sneha Ahuja AIR 2020, SC 2483.

Case No.: CIVIL APPEAL NO.2483 of 2020 (Arising out of SLP(C)No.1048 of 2020) Date of Judgement: 15 October 2020 Petitioner: SATISH CHANDER AHUJA Respondent: SNEHA AHUJA Bench: Ashok Bhushan, R. Subhash Reddy, M.R. Shah FACTS Important questions pertaining to Domestic violence were raised in the case Satish Chander Ahuja V. Sneha Ahuja AIR 2020, SC …

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CASE COMMENT – JANHIT ABHIYAN VS. UNION OF INDIA

Citation – MANU/SC/1449/2022 By – Krish Vikram, 1st Year Law Student, Symbiosis Law School Pune FACTS In the current situation, the government of India approved the 103rd Constitutional Amendment Act, 2019, which allowed 10% reservations to economically disadvantaged groups of society. It should also be highlighted that the constitution only allows for reservations based on …

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The Chief Election Commissioner of India v. Mr. Vijayabhaskar

Court: Supreme Court of India                                                          Judges: Justice D. Y. Chandrachud and Justice M. R. Shah Date of Final Judgment: 6th May 2021 Facts Issues Raised Should the media be restricted from reporting oral remarks made during judicial proceedings? Oral remarks made by the Madras High Court during the hearing. Madras High Court was not able …

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VIJAY MADANLAL CHOUDHARYV. UNION OF INDIA

SPECIAL LEAVE PETITION (CRIMINAL) NO. 4634 OF 2014 VIJAY MADANLAL CHOUDHARY & ORS. …PETITIONER(S) VERSUS UNION OF INDIA & ORS. …RESPONDENT(S) Date of Judgement: 27th July 2022                            ……J. (A.M. Khanwilkar) ……J. (Dinesh Maheshwari) ……J. (C.T. Ravikumar) Since the constitutionality of multiple PMLA sections was contested, there is no gainsaying that the ruling rendered by the SC …

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M SIDDIQ (D) THR LRS. VS MAHANT SURESH DAS & ORS.

Equivalent Citation: (2020) 1 SCC 1 Date of Judgement: November 9, 2019. Court: Supreme Court. Case Number: 10866-10867 of 2010. Case Type: Civil Appeal. Petitioner: M Siddiq (deceased). Respondent: Mahant Suresh Das & Ors. Bench: Ranjan Gogoi, D.Y.Chandrachud, S.A.Bobde, S.A.Nazeer, Ashok Bhushan. Common Name: Ayodhya Land Dispute Case, Ram Janam Bhoomi Case Or Ram Mandir …

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ANOOP BARANWAL v. UNION OF INDIA, 2023

DATE: March 2, 2023 PETITIONER: Anoop Baranwal RESPONDENT: Union of India BENCH: Justice K.M. Joseph (headed the bench), Justice Ajay Rastogi, Justice Aniruddha Bose, Justice Hrishikesh Roy and Justice C.T. Ravikumar. CASE NUMBER: WP(C) 104/2015 LEGAL PROVISIONS: The Constitution of India (fundamental rights, Article 324, Article 142 and Article 248) and the Election Commission (Conditions …

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Case Commentary: Prashant Bhushan, In re (Contempt Matter), (2021) 3 SCC 160

INTRODUCTION: Contempt of court is defined as deliberate disobedience of any order, judgement, or verdict issued by the court, as well as making derogatory words about any court that may harm its reputation. The courts have been granted the authority to punish individuals for contempt of court in order to guarantee that the rulings, orders, …

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CASE COMMENTARY ON K.C CINEMA V. STATE OF JAMMU & KASHMIR

Court – Supreme Court of India Citation- 2022 SCC Online SC 1494 Date of case:  23 Jan 2023 Case no : C.A No –000077-000077/ 2023 Bench: Justice D.Y. Chandrachud and Justice PS Narshimha Petitioner’s advocate : Abhinav Shrivastava Respondent’s advocate: Aditya Sharma Judgement by : Honourable CJI . ABSTRACT FACTS OF THE CASE:  ISSUE RAISED …

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BUDHADEV KARMASKAR V. STATE OF WEST BENGAL 2022

                Citation: Criminal Appeal No(s). 135/2010                Bench/Judge: Justices L. Nageswara Rao, B.R.Gavai and A.S. Bopanna INTRODUCTION The important ruling on the rights of sex workers is Budhadev Karmaskar v. State of West Bengal. discusses their profession’s respect and dignity in accordance with Article 21 of the Indian Constitution. The Supreme Court issued guidelines in …

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Tomorrow Sales Agency Pvt Ltd v SBS Holdings Inc. and Ors

FAO (OS) (Comm)59/ 2023 and CM Nos 14793/ 2023 & 14794/ 2023 Facts On 20th December 2018, Tomorrow Sales Agency Pvt Ltd (TSA) had entered a ‘Bespoke funding agreement’ (BFA) to fund the arbitral proceedings of Anant K. Choudhary, Vivek Shula, SBS Transpole Logistics Private Limited and Pravin Chandra Rai(hereinafter ‘the claimants) against SBS and …

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CASE COMMENTARY ON KVR INDUSTRIES PVT LTD V. PP BAFNA VENTURES PVT LTD

For Appellant: Mr. Yogesh Kumar Jagia, Mr. Vikram Pooserla Mr. Aahana Madhyala, Advocates. For Respondent: Mr. S. Niranjan Reddy, Sr. Advocate with Ms. Malvika Kalra, Mr. Pranav Sarthi Ms. Divya Datla Raju, Advocates. Bench J. Amaravati Bench Court National Company Law Tribunal, Amaravati Bench Case Number: CP(IB)/204/7/AMR/2019 Date Of Judgement: 12.02.2020 FACTS OF THE CASE: ISSUES …

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CASE COMMENTARY ON GOVT. OF NCT OF DELHI v. UNION OF INDIA (2023)

Date of Judgment May 11, 2023, Petitioner’s Name Government of NCT of Delhi (National Capital Territory of Delhi) Respondent’s Name Union of India Citation 2023 SCC OnLine SC 606 Court Supreme Court of India Bench Chief Justice D.Y. Chandrachud, Justice PS Narasimha, Justice Hima Kohli, Justice Krishna Murari, Justice M.R. Shah Law Involved Article 239 …

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Case Commentary of S.D. Containers v. Mold-Tek Packaging Ltd.

Facts The plaintiff, in this case, filed a suit against the appellant-defendant seeking for and pleading immediate declaration, order and permanent injunction to restrict the appellant-defendant from copying, using or enabling others to use its designs in which the appellant-defendant sought cancellation of the said registered designs. In a gist, the appellant-defendant wanted to seek …

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X Vs. THE PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF NCT OF DELHI AND ANR.

CITATION –   2022 SCC OnLine 1321 DATE OF JUDGEMENT 29 SEPTEMBER 2022 CASE NUMBER – Civil Appeal No. 5802 of 2022 arising out of S.L.P. (C) No. 12612 of 2022    JURISDICTION – Appellate Jurisdiction of the Supreme Court of India PETITIONER – Mrs. X   RESPONDENT – The Principal Secretary, Health and Family …

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Case Commentary on Anversinh @ Kiransinh Fatesinh ZALA.Vs. State of Gujarat

Citation: 2021 SCC Online 19 Appeal: Criminal Appeal 1919 of 2010 Decided on: 12th January, 2021 Bench: N.V. Ramana, Surya Kant, Aniruddha Bose Brief Facts of the Case: Facts of the case: Proceedings: The accused approached the Supreme Court of India with an appeal to set aside the order of the High Court of Gujarat. …

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CASE COMMENT ON SUBHASH DESAI V.  PRINCIPAL SECRETARY, GOVERNOR OF MAHARASHTRA & [1] ORS.

CITATION AIR SC 1501 DATE OF JUDGMENT 11th MAY 2023 CASE NUMBER Writ Petition (C) No. 493 of 2022 PETITIONER Subhash Desai RESPONDENT Principal Secretary, Governor of Maharashtra & Ors. BENCH Dr. D.Y. Chandrachud (C.J), M.R. Shah, Krishna Murari, Hima Kohli and P.S. Narasimha JJ. FACTS OF THE CASE: ISSUES RAISED CONTENTION FROM BOTH THE PARTIES …

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CASE COMMENTARY ON STATE OF GUJARAT & ORS. V. DR. PA BHATT & ORS. (2023)

Date of Judgement April 26, 2023 Bench Justice V. Ramasubramanian and Justice Pankaj Mithal   Advocates representing the Appellant’s side Ms. Swati Ghildiyal and Ms. Aniruddha P. Mayee, Advocates   Advocates representing the Respondent’s side Rameshwar Prasad Goyal and Ms. Kusum Chaudhary, Advocates BACKGROUND OF THE CASE: The respondents in the present case are those …

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Paramvir Singh Saini vs Baljit Singh & Others

                                                  IN THE SUPREME COURT OF INDIA                                        CRIMINAL APPELLATE JURISDICTION                           SPECIAL LEAVE PETITION (CRIMINAL) NO.3543 of 2020 Facts: The case of Paramvir Singh Saini vs. Baljit Singh & Ors is a legal matter that revolves around the implementation of CCTV cameras, oversight committees, and directives issued by the Supreme Court in India. The …

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Central Public Information Officer, Supreme Court of India v Subhash Chandra Agarwal, 13th November 2019

This case is about CJI coming under the RTI Act. So, The Supreme Court of India was required by the Central Information Commission (CIC) to provide information about the Collegium’s decision-making process in November 2009. The CIC’s ruling concerns activist Subhash Chandra Agarwal’s request for information under the right to privacy. The CIC specifically mandated …

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Animal Welfare Board of India Vs.  A. Nagaraja and others

Facts  This case is concerned with an issue of importance with respect to the rights of animals (i,e., bulls) on the one hand while trying to preserve the culture and tradition of Tamil Nadu, Maharashtra, and Karnataka on the other hand.  This case majorly deals with the practice of ‘Jallikattu’, a sport conducted for entertainment …

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                    ANURADHA BHASIN           …PETITIONER

VERSUS UNION OF INDIA AND ORS.    …RESPONDENT(S)                                                                                     [2020] 3 SCC 637. FACTS  Background: On August 5, 2019, the Indian government revoked the special status granted to the state of Jammu and Kashmir under Article 370 of the Constitution of India. This decision was followed by a series of measures imposed by the government, including the suspension of …

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Case: State of Jharkhand v. Shailendra Kumar Rai, 2022 SC 1441

Citation: Criminal Appeal No. 1441 of 2022 Date of the case: 31st October 2022 Bench :Hon’ ble Justice Dr. Chandrachud, Hon’ble Justice Ms. Kohli. Sections involved: IPC Sections – 300, 302, 307,375,376,448. CrPC sections – 173,174, Indian Evidence Act sections- 32(1), 60. Constitution of India – Article 136. Appellant: The State of Jharkhand  Respondent: Shalendra …

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The Surat Parsi Panchayat Board and Another Versus Union of India and Others. 2023 SCC Online Guj 1234 (India)

The main issue that was raised in the case was, whether the fundamental rights to freedom of religion of the Zoroastrian community under Article 25 of the constitution of India were violated because of the guidelines and protocol made by the union of India for covid-19 pandemic. The contentions of the appellants were that the …

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“THE FIGHT AGAINST EUTHANASIA AND IT’S LEGAL PERSPECTIVE”

      ABSTRACT In the contemporary era, the global community grapples with diverse illnesses, and ongoing technological and methodological advancements contribute to the field of clinical medicine. Unfortunately, a significant number of individuals succumb to various causes, including suicide or the inability to access essential medical treatment. Within societal structures, the provision of palliative care and …

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justice, right, legal

Legal Insanity and What’s the Difference Between Legal Insanity and Mental Insanity

AbstractBy hearing the word insane, we thought of a mentally disturbed person who is innocent as a child and cannot think like a normal person. If we talk about insanity in legal language, then it may differ. Yes, insanity is used as a defence in criminal liability. We use a word for insanity that is …

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Understanding the judicial response to juvenile drug abuse

Abstract This research delves into the escalating issue of drug abuse among juveniles in India, scrutinizing the multifaceted dimensions and exploring the evolving role of the judiciary. Grounded in the wisdom of leaders like Jawaharlal Nehru and Dr. APJ Kalam, who emphasized nurturing the future of the nation, the study unveils the disconcerting reality that …

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A Culture of Love: Examining Same-Sex Relationships in various aspects

ABSTRACT Marriage is an union between two individuals  established through religious ceremonies, or legal contract which is recognised socially or ritually. In this modern era the definition of marriage has gone through various changes, historically the primary purpose behind performance of marriage was to procreation,  transfer of property , and Maintenance of social order etc …

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Legal Status and Rights of Refugees in India

Abstract India has been home to many refugees. India lacks clear domestic refugee laws, leaving lakhs of refugees in poverty without basic necessities. Absence of uniform laws and political considerations lead to potential discrimination. Ad hoc government measures offer minimal legal protection, especially for civil and political rights, and leave refugees vulnerable, lacking safety and …

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Smart Contracts and the Indian Contract Act: Compatibility and Implications

Abstract Including ‘smart contracts’ in the legal frameworks of contracts in India could be an evolution of traditional contracts and transactions. This evolution can be in some areas of existing laws or a total advancement. Transactions and contracts are relevant at a global level at present times, especially when we are witnessing the legal integration …

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Case- X v/s Principal Secretary Health And Family welfare, Government of NTC Delhi.

Reportable- Supreme Court of India Under – Extra Ordinary Appellate JurisdictionCitation -Special Leave Petition (civil) No 12612 of 2022 Date of Judgment- Sept 29, 2022 Bench- Justice D.Y Chandrachud, Justice S. Bopanna, Justice B. Pardiwala. Parties- X V/s (Petitioner) , Principal Secretary Health And Family welfare, Govt of NTC Delhi (Respondent)     Introduction In …

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CASE COMMENT: Anoop Baranwal v. Union of India

DATE OF JUDGEMENT: 2nd March, 2023. PETITIONER: Anoop Baranwal RESPONDENT: Union of India BENCH: Honourable Justices K.M. Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, C.T. Ravikumar LEGAL PROVISIONS: The Constitution of India CITATION: W.P.(C) 114/2015 FACTS Several Public Interest Litigations (PIL) were filed in the Supreme Court to review the manner of appointment of the …

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Satender Kumar Antil vs. Central Bureau Of Investigation

MISCELLANEOUS APPLICATION NO.1849 IN SPECIAL LEAVE PETITION (CRL.) NO.5191 OF 2021 FACTS ISSUES RAISED: The Supreme Court made it clear that the twin bail conditions stipulated by Section 45 of the Prevention of Money Laundering (PMLA) Act were invalid in the present case. In addition, the Apex Court established rules for the granting of bail …

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