Case Comment

SUBHASH DESAI V. PRINCIPAL SECRETARY GOVERNOR OF MAHARASTRA & ORS. 2022

EQUIVALENT CITATIONS AIR SC 1501 DATE OF JUDGEMENT 11th MAY 2023 COURT Supreme Court of India CASE NO. WP(C) 493/2022 CASE TYPE Writ Petition PETITIONER Subhash Desai RESPONDENT Principal secretary governor of Maharastra BENCHJustice ce DY Chandrachud, Justice MR Shah  Justice Heema Kolhi,  Justice P Narasimah LEGAL PROVISIONS X schedule othe f constitution, Article 238, …

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business, technology, city

ALOK KUMAR VERMA VS UNION OF INDIA

 INTRODUCTION     AlokTKumarTVerma v.TUnion ofTIndia &TAnr. was a landmark case that dealt with the question of whether the CentralTVigilanceTCommissionT(CVC) and theTUnion ofTIndia had the power to divest theTCentralTBureau ofTInvestigation (CBI)TDirector of hisTpowers andTfunctions withoutTpriorTapproval of theThigh-poweredTcommittee, as mandated by SectionT4B of theTDelhiTSpecialTPoliceTEstablishment (DSPE)TAct,T1946. The case also involved the question of whether theTappointment of M.TNageshwarTRao as …

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NOVARTIS AG V UNION OF INDIA AND ORS [2013] 13 SCR 148

INTRODUCTION: The case of Novartis AG v Union of India revolves around a dispute over the denial of a patent for a drug called Glivec, which was manufactured by Novartis AG, a multinational pharmaceutical company. The case gained significant attention in India and internationally due to its implications for patent law and pharmaceutical innovation. Novartis …

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Amit Sahni vs Commissioner of police and Ors

DATE OF THE CASE: 7 October, 2020 APPELLANT : Amit Sahni RESPONDENTS: Commissioner of police and Ors BENCH/JUDGES : Honorable Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari LEGAL PROVISIONS : Constitution of India, 1949, Citizenship Amendment act, 2019 CIVIL APPEAL NO: 3282 OF 2020 FACTS ISSUES RAISED CONTENTION ON BEHALF OF THE PETITIONERS …

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PAWAN KUMAR GOEL VERSUS STATE OF U.P. & ANOTHER

CASE ANALYSIS PAWAN KUMAR GOEL VERSUS STATE OF U.P. & ANOTHER SUPREME COURT OF INDIA Citation: 2022 Scc Online Sc 1598 Bench: Hon’ble Mr. Justice Krishna Murari, Hon’ble Ms. Justice Bela M. Trivedi Type of Jurisdiction: Criminal Appellate Jurisdiction Advocates for Appellant: Manoj Swarup and Co. Advocates for Respondent: Advs. Vishwa Pal Singh, Shantanu Krishna …

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Case Comments on S.G. Vombatkere v. Union of India

FACTS OF THE CASE The sedition law [Section 124A[1]] has been criticised as a tool of restriction on the freedom of expression. In 2021, this criticism echoed and a petition was filed in the Hon’ble Supreme Court where the constitutional validity of the law was challenged by two journalist- Kishore Wangkhemcha (ISTV channel journalist based …

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KASHIBAI & ORS. VERSUS THE STATE OF KARNATAKA

                                   IN THE SUPREME COURT OF INDIA                                CRIMINAL APPELLATE JURISDICTION                                     CRIMINAL APPEAL NO… OF 2023                           ARISING OUT OF SLP (Crl.) NO. 8584/2022 KASHIBAI & ORS.                                                      ….APPELLANTS                                             VERSUS THE STATE OF KARNATAKA                                ….RESPONDENT FACTS In the present case, the judgement passed by the Karnataka high court by the Kalaburagi bench in criminal …

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Hindustan Construction Company Ltd vs Union of India

Supreme Court of India on 27 Nov 2019 Bench (Judges): Rohinton Fali Nariman, Aniruddha Bose, V. Ramasubramanian INTRODUCTION TO THE CASE FACTS OF THE CASE ISSUES RAISED IN THE CASE CONTENTIONS OF THE LEARNED ADVOCATES CONTENTION BY THE PETITIONERS: CONTENTION FROM THE RESPONDENTS: RATIONALE IN THE CASE DEFECTS OF LAW IN THE CASE INFERENCE DERIVED …

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CASE COMMENT

                                         CASE COMMENT COURT– The Supreme Court of India Criminal Appeals Nos. 1735-36 of 2010 CITATION– 2021 SCC OnLine SC 404 PETITIONER– Satbir Singh and Another RESPONDENTS– State of Haryana BENCH– 2 Judges: Chief Justice NV Ramana and Justice Aniruddha Bose DATE OF JUDGEMENT– 28 May 2021 LEGAL PROVISIONS– Application of Section 304-B of the …

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Patan Jamal Vali vs. The State of Andhra Pradesh 2021 JC (SC)2856

CASE COMMENT Date of the Judgement: 27th April 2021 Appellant: Patan Jamal Vali Respondent: The State of Andhra Pradesh Coram: Justices DY Chandrachud and MR Shah Important Section:  Indian Penal Code, 1860 Section- 376 & SC ST Act 1989 Section 3(2)(v) INTRODUCTION For women all over the world, the danger of violence is constant and is …

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Case Analysis: Aishat Sifha v. State of Karnataka

DATE OF THE CASE: 13 October, 2022 APPELLANT: AISHAT SHIFA     RESPONDENT: THE STATE OF KARNATAKA & ORS.      BENCH/JUDGES: Justice Hemant Gupta and Justice Sudhanshu Dhulia LEGAL PROVISIONS: Article 14, 15, 21, 21-A, 25 in The Constitution Of India 1949 FACTS OF THE CASE: ISSUES RAISED: CONTENTIONS Arguments from the Petitioner’s side: Petitioners initially argued that wearing  …

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Kesvananda Bharti v. State of Kerala: A50-year retrospective analysis

Abstract: Kesvananda Bharti v. State of Kerala[i]is a landmark judgementof Indian legal history that placed limited restrictions to the legislature’s amending powers. It used a balanced approach to the conflict between Article 368 and 13 and introduced the concept of basic structure doctrine. It’s also popularly known as the “Fundamental Rights Case”.[ii] The case provided a meaningful solution and a different …

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Case Commentary – Thwaha Fasal v Union of India on October 28, 2021

COURT: Supreme Court of India DATE OF JUDGEMENT: 28/10/2021 BENCH: Justice Ajay Rastogi;Justice Abhay S. Oka APPEALLENT: Thwaha Fasal RESPONDANT: Union of India SUBJECT: Terrorism FACTS OF THE CASE: On 1st November 2019 three persons, now known as accused no.1(Allan Shuaib) of 20 years of age; accused no.2(Thwaha Fasal) of the age of 24 years; …

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CASE COMMENT ON

APARNA BHAT VS. STATE OF MADHYA PRADESH CITATION: 2021 SCC OnLine SC 230 CRIMINAL APPEAL NO.: 329/2021 SPECIAL LEAVE PETITION (CRL.) NO.: 2531 of 2021 arising out of SPECIAL LEAVE PETITION (CRL.) DIARY NO.: 20318 of 20201 COURT: The Supreme Court of India BENCH: JusticeAM Khanwilkar and Justice S. Ravindra Bhat JUDGEMENT DATED: March 18, …

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Hotel Priya, A Proprietorship Vs State of Maharashtra

FACTS OF THE CASE The appellants were either owners or were operating restaurants and bars with the necessary license in an are where orchestra performances were already prevalent. To run orchestra, a licence is required under Licencing and Performance for Public Amusement, including Cabaret Performance, Melas and Tamashas Rule, 1960. The condition laid down in …

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JAISHRI LAXMANRAO PATIL VS THE CHIEF MINISTER AND ORS. ON 5 MAY, 2021

1.  Considering subsequent Constitutional Amendments, judicial decisions, and the evolving dynamics of society, there is a compelling argument for referring the Indra Sawhney judgment to a larger bench for a comprehensive review. 2.  Does the Maharashtra SEBC Act, 2018 (as amended in 2019), which grants additional reservation of 12% and 13% for the Maratha community …

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Mohammad Salimullah and Anr. v Union Of India and Ors.

Citation:- Writ Petition (Civil) No. 793 of 2017 Bench:- Chief Justice S.A. Bobde, Justice A.S Bopanna, and Justice V. Ramasubramanian. Facts:- In the case of Mohammad Salimullah v Union Of India, a writ petition was filed before the Honorable Supreme Court Of India to challenge the decision of deporting Rohingya Refugees who have taken refuge …

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Case Comment – Principal Secretary, Health and Family Welfare, Govt of NCT Delhi

X v. Principal Secretary, Health and Family Welfare, Govt of NCT Delhi COURT: The Supreme Court of India Civil Appeal No 5802 of 2022 (Arising out of SLP (C) No 12612 of 2022) PETITIONER: X   RESPONDENT (s): Principal Secretary, Health and Family Welfare, Govt of NCT Delhi BENCH:: Hon’Ble Dr. Chandrachud, Hon’Ble Ms. Kohli, Pamidighantam …

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RELIANCE COMMUNICATIONS LIMITED VS STATE BANK OF INDIA

INTRODUCTION The conflict between the three Reliance Companies, recognised names in the Indian telecoms industry, and State Bank of India (SBI), a significant bank in the public sector for the nation, is centred on each party’s financial struggles. These companies, which are an element of the Reliance Group, were established and transformed by Mr. Anil Ambani,  who …

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Case: The State of West Bengal and Ors. v. Suvendu Adhikari and Ors.

Date of Judgement: June 20, 2023 Bench: Hon’ble Justice B.V. Nagarathna and Hon’ble Justice Manoj Misra Special Leave Petition (Civil) No. 12294 of 2023 Facts of the Case: Issues Raised Based on the issues raised by both the parties, the following legal questions were formed: Contention Arguments by the Appellants: Arguments by the Respondents: Rationale …

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JACOB PULIYEL VS UNION OF INDIA

INTRODUCTION Covid 19 affected the whole world adversely. Every country tried its maximum to fight against the disease but almost every country suffered a lot from its effects. Different methods and procedures were tried to reduce its impact which includes maintaining social distancing, personal hygiene, awareness classes, vaccines, improving hospital facilities, welcoming more youth for …

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Laxmibai Chandaragi & Anr.  V.  The State of Karnataka & Ors

FACTS On October 14, 2020, petitioner No. 1 in this matter, Ms. Laxmibai Chandaragi, disappeared from her residence. When she went missing, her father reported her as missing in a First Information Report (FIR). Parents’ and relatives’ statements were recorded by the investigating officer. Santosh Singh Yadav, petitioner number 2, was identified by information found …

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CASE COMMENT ON VINEETA SHARMA V. RAKESH SHARMA

Citation: Civil Appeal No. Diary No. 32601 of 2018[1]                    Decided on August 11, 2020. Bench: Arun Mishra, S.Abdul Nazeer and M.R. Shah J.J. FACTS Smt.Vineeta Sharma, the plaintiff/appellant (hereinafter Plaintiff), filed the suit that gave rise to the appeal against her two brothers, Mr. Rakesh Sharma, Defendant No. 1, Mr. Satyendra Sharma, Defendant No. …

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right, advocacy, lex

Manoharan vs State by Inspector of Police (2019) 7 SCC 716

Case Name Manoharan vs State by Inspector of Police (2019) Equivalent Citation 7 SCC 716   Date Of Judgement 7 November, 2019 Petitioner Manoharan       Respondents State by Inspector of PoliceVariety Hall Police Station, Coimbatore      Bench Rohinton Fali Nariman, Sanjiv Khanna, Surya Kant Statutes Referred Sections 120-B,  364-A,  376, 302, 324 of the Indian …

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Case Comment – Paramvir Singh Saini    V. Baljit Singh, 2020

Facts: “This matter connects with the topic of General media recording u/s 161 Cr.P.C.”Furthermore, proclamations under section 161(3)[1] wherein the Hon’ble Supreme Court of India has constantly attempted to lessen the instances of custodial violence and keep away from abuse of abilities given to police work force. In the question of D.K. Basu vs. State …

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Surinder Singh Deswal & Ors. V/s Virender Gandhi & Anr.

Court – Supreme Court Citation – AIR 2020 SC 415 Appellant – Surinder Singh Deswal Respondent – Virender Gandhi Bench – Justice Ashok Bhushan, Justice M.R.Shah FACTS The appellants were partners at Bhoomi Infrastructure Co., now GLM Infratech Private Limited, when it was in business. The appellant issued a cheque to respondent No. 1 on …

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Google LLC v Competition Commission of India.

Case Caption. Google LLC and Another —————————————–Appellants. Competition Commission of India and Others——————Respondents. Case Number. Civil Appeal Number 229 of 2023. Case Citation. 2023 SC 88. Bench Hon’ble Chief Justice D.Y. Chandrachud, Justice Narsimha and Justice J.J. Pardiwala. Introduction. A market is said to run in a free and fare manner when there exists competition …

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Title: M. Siddiq (D) Thr. LRs. v. Mahant Suresh Das & Ors.

Citation: (2019) 9 SCC 1 Appellant: M. Siddiq (D) Thr. LRs. Respondent: Mahant Suresh Das & Ors. Bench: Hon’ble Chief Justice Ranjan Gogoi, Hon’ble Justice Sharad Arvind Bobde, Hon’ble Justice Dhananjaya Y. Chandrachud, Hon’ble Justice Ashok Bhushan, Hon’ble Justice S. Abdul Nazeer Order Date: November 9, 2019 Facts: 1. The dispute centered around a site …

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Manoharlal Sharma v. Narendra Damodardas Modi & Others

Introduction: The Manoharlal Sharma v. Narendra Damodardas Modi & Others case is a notable legal issue that captured the public’s interest and brought up fundamental issues with relation to constitutional law, political accountability, and the authority of elected officials. Manohar Lal, a citizen, was pitted against Narendra Modi, the Indian Prime Minister at the time, …

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CASE COMMENTARY – Vikas Kishanrao Gawali vs The State of Maharashtra

WRIT PETITION (CIVIL) NO. 980 OF 2019 Decided on 4 March 2021 Supreme Court Bench: Hon`ble Justice A.M Khanwilkar, Hon`ble Justice Dinesh Maheshwari & Hon`ble Justice C.T. Ravikumar Facts: This case revolved with the same subject matter as dealt in the holding of N Krishna Murthy Vs. Union of India, which laud down that the …

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Case: – Rohith Thammana Gowda Vs. State of Karnataka & Ors.

                                       In the Supreme Court of India                                           Civil Original Jurisdiction Citation- Civil Appeal No(s). 4987 of 2022 Appellant- Rohith Thammana Gowda Respondent- State of Karnataka & Ors. Bench- A.M. Khanwilkar, C.T. Ravikumar Facts In this case, Rohith Thammana Gowda, who is the father of the child for whose custody case is being fought, wants …

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Case Brief of Olga Tellis and Ors. Vs. Bombay Municipal Corporation and Ors.

This Legal case commentary focuses on Olga Tellis and Ors. Vs. Bombay Municipal Corporation and Ors[i] (“Olga Tellis”). It focuses on specific legal issues regarding Article 21, the constitutional validity of some provisions in the BMC Act, 1888, the right to livelihood, and the validity of the rule of estoppel followed by the conclusion and …

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judge, hammer, judgement

Ashwini Kumar Upadhyay v. Union of India

Court: The Supreme Court of India Suit Type: T.P.(C) 1249-1250/2020 Petitioner: Ashwini Kumar Upadhyay; Shahida Quraishi Respondent: Union of India Bench: Hon’ble Justice D.Y. Chandrachud (CJI), Hon’ble Justice P.S. Narasimha, Hon’ble Justice J.B. Pardiwala Petition Filed on: October 26th, 2020 Last Hearing: February 20th, 2023 Legal Provisions: Facts of the Case: In the case of …

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judge, court, gavel

The Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi & Anr.

——————————————————————————————————————————————- Case Brief ——————————————————————————————————————————————- The petitioner is permanent resident of Delhi, originally from Manipur. B.A graduate having 5 younger siblings and farmer parents. The petitioner had consensual relationship and conceived pregnancy of single intrauterine which came to her knowledge on June 5, 2020 having near to Twenty-Two weeks term completed. The Petitioner was looking for …

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CASE: DAV College Trust and Management Society & Ors. Vs. Director of Public Instruction

Appellants : DAV College Trust and Management Society & Ors.                                                                                                                 Respondents: Director of Public Instructions Court : Supreme Court of India Bench: Deepak Gupta , Aniruddha Bose Citation : (2019) 9 SCC 185 Date of Judgment: September 17, 2019 INTRODUCTION: Right to Information act,2005 was enacted for providing transparency to people in their social life …

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people, business, meeting

CASE: AISHAT SHIFA V. STATE OF KARNATAKA & ORS.

Court: Hon’ble Supreme Court of India Date:    October 13, 2022 Judges: Justice Hemant Gupta and Justice Sudhanshu Dhulia FACTS:   The Karnataka Education Act, 1983 passed by government of Karnataka, specifies that all student studying in schools and colleges within the state ought to conduct themselves in brotherly manner, outstrip their group identity and enlarge inclinations …

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justice, right, legal

Vineeta Sharma v. Rakesh Sharma & Ors.

Case Comment Citation(s): AIR 2020 SC 3717, (2020) 9 SCC 1 Date of the case: 11 August, 2020 Appellant: Vineeta Sharma Respondent: Rakesh Sharma & Ors. Bench/Judges: Justice Arun Mishra, Justice S. Abdul Nazeer and Justice M.R. Shah Legal Provisions: Hindu Succession Act (30 of 1956) S.6(1)(a), Proviso, Expln.1 (as                               amended by Act 39 of …

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right, advocacy, lex

Case Comment: “Vijay Madanlal Choudhary Vs Union Of India”Judgment-27th July 2022

INTRODUCTION: One can safely assume that the menace of money laundering has been prevalent ever since the origin of money, such is the nature of a crime itself. It takes its first breath as soon as society lets it. In India and almost every other country, money laundering has been responsible for plaguing the state’s …

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right, advocacy, lex

Case Comment: “Jaishri Laxmanrao Patil v Chief Minister, Maharashtra”

    Case Comment: “Jaishri Laxmanrao Patil v Chief            Minister, Maharashtra” Writ Petition ( civil) No. 3123 of 2020; LL 2021 SC 243. Introduction The Maratha Community constitutes a significant percentage of Maharashtra population and has long been demanding reservation in employment and education. The government, acknowledging their demands, provided a 16% quota in the state’s …

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right, law, attorney

CASE COMMENT: Mohd. Muslim vs State Of Uttar Pradesh

Judgment date: 15 June 2023 Citation Criminal appeal No. 1089 of 2011 Bench: V. Ramasubramanian, Pankaj Mithal MOHD.MUSLIM …………………………………………………APPELLANT STATE OF UTTAR PRADESH (NOW UTTARAKHAND) ……RESPONDENT Mr. Prafulla Kumar Behera, ……… learned advocate for APPELLANT Mr. Jatinder Kumar Bhatia, ……… learned Advocate-on-Record for RESPONDENT. Statutes & Provisions referred – Introduction: In the murder case of …

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justice, statue, lady justice

ANALYZING THE JUDICIAL APPOINTMENTS: NJAC VS. COLLEGIUM SYSTEM IN INDIA

Abstract The Indian Constitution is said to be the supreme law of the land, which enshrines the separation of power between the executive, legislature and the judiciary. The constitution of India also gives the judiciary its independence from the other two powers, executive and the legislative. It is hence considered that the judges appointment in …

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justice, law, court

MOHAMMAD SALIMULLAH AND ANR v. UNION OF INDIA AND ORS.

WRIT PETITION (CIVIL) NO.793 OF 2017 Date of Judgement: 08-04-2021 Petitioner: MOHAMMAD SALIMULLAH AND ANR. Respondent: UNION OF INDIA AND ORS. Bench: Chief Justice S.A. Bobde, Justice A.S Bopanna, and Justice V. Ramasubramanian. INTRODUCTION The rights of Rohingya refugees in India, as well as their imprisonment and probable deportation, are at the centre of the …

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libra, justice, law

Case Comment: “Skill Lotto Solutions Pvt. Ltd. V Union of India”

Writ petition (civil) no.961 of 2018 decided on December the 3rd, 2020 INTRODUCTION Throughout history, gambling has bee­n a widespread activity with roots dating back to ancient times. The earliest known evidence of gambling can be traced to China’s ancient civilization, where the first form of gaming originated. References to a wooden drawing in the …

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