Case Comment

Dinesh Gupta vs. The State of Uttar Pradesh

INTRODUCTION: In the significant case of Dinesh Gupta vs. The State of Uttar Pradesh, the Hon’ble Supreme Court delivered its judgment with considerable surprise upon discovering several crucial facts that had previously been concealed from both itself and the lower courts. This case centred on the non-repayment of a large loan, amounting to crores, provided …

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CASE COMMENT GOOGLE        V. Competition Commission of India

BY: POONAM INTRODUCTION FACTS OF THE CASE According to Section 19(1)(a) of the Competition Act of 2002, the “Informants” filed a complaint against Google LLC and Google India Private Limited (collectively referred to as “Opposite Parties” or “Google”), alleging, among other things, that Google abused its dominant position in mobile operating system markets in violation …

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JUSTICE K.S. PUTTASWAMY VS. UNION OF INDIA

In the year 2009, the Government of India introduced the Aadhaar Card scheme to the citizens of India. The Aadhaar card was introduced to provide a unique 12-digit identification number to the country’s citizens. Various data of individuals were collected under the Aadhaar card scheme including iris scans, face scans, biometrics, and personal information such …

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Reliance Communication Limited vs State Bank Of India on 20 February, 2019

Equivalent citations: AIR 2019 SUPREME COURT 1196, AIR 2019 SC( CRI) 545, (2019) 3 SCALE 428, (2019) 1 CURCC 292, (2019) 4 ANDHLD 58, AIRONLINE 2019 SC 92 Author: R.F. Nariman Bench: Vineet Saran, R.F. Nariman Introduction The case between Ericsson and Reliance Communications (RCom) revolves around a Managed Service Agreement signed in 2013, where …

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Cox and Kings Ltd. Vs SAP India Pvt. Ltd

Supreme Court Holding: The Supreme Court held that companies outside of an arbitration agreement can be made parties to arbitration proceedings as per the Group of Companies doctrine. Citation: 2023 INSC 1051 Bench: 5 Judge Constitution Bench Judges: D.Y. Chandrachud CJI, Hrishikesh Roy J, P.S. Narasimha J, J.B. Pardiwala J, Manoj Misra J Judgment date: 06.12.2023 …

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GOOGLE  V.  Competition Commission of India

CASE COMMENT  BY: POONAM INTRODUCTION FACTS OF THE CASE According to Section 19(1)(a) of the Competition Act of 2002, the “Informants” filed a complaint against Google LLC and Google India Private Limited (collectively referred to as “Opposite Parties” or “Google”), alleging, among other things, that Google abused its dominant position in mobile operating system markets …

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CASE NAME – BUDHADEV KARMASKAR V. STATE OF WEST BENGAL 2022 SCC ONLINE SC 704

CASE COMMENTARY CITATION: Criminal appeal no. 135/2010 DATE OF THE CASE: February 28, 2022 APPELLANT: Budhadev Karmaskar RESPONDENT: State of West Bengal BENCH/JUDGES: Justices L. Nageswara Rao, B.R. Gavai, and A.S Bopanna LEGAL PROVISIONS: Article 21 of The Constitution of India, 1949, Section 164 of CrPC, 1973 FACTS OF THE CASE The public’s conscience was …

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                                                     CASE COMMENTARY UNION OF INDIA VS UNION CARBIDE CORPORATION 

(2023 SCC OnLine SC 264) FACTS OF THE CASE: 1.In 1970, a new pesticide plant was opened in Bhopal, which is the capital of Madhya Pradesh. When the pesticide plant was opened in Bhopal, there were many complaints regarding the safety of the employees, but the owners of the factory did not pay any attention …

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Title: Internet And Mobile Association of India vs Reserve Bank Of India

Case Number: Writ Petition (Civil) No. 528 of 2018 Court: Supreme Court of India Bench: – V. Ramasubramanian – Aniruddha Bose – Rohinton Fali Nariman Date of Judgment: 4th March 2020 Introduction: The case of Internet and Mobile Association of India vs. Reserve Bank of India, decided on March 4, 2020, by the Supreme Court …

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Supriya Chakrabarty And Abhay Dhang Vs Union Of India Started – 25 November 2022 

Decided – 17 October 2023  Facts :  The same-sex weddings’ legal recognition in India is at the center of the Supriyo v. Union of India (UOI) dispute. It is a significant turning point in the legal and social history of the nation, especially in light of the Supreme Court’s historic 2018 ruling to overturn Section …

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CASE STUDY IN – JANHIT ABHIYAN V. UNION OF INDIA

Citation-  Judgment dated-  Introduction- Reservation policies have been a controversial topic in India for a long time. The purpose of these policies was to provide opportunities to the underprivileged sections of society who had been historically marginalized due to social inequality or their lower socioeconomic status. The government was granted the authority to create quotas …

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CASE ANALYSIS Pooja Padmanabhan Jaya Thakur Vs. Union of India (UOI) and Ors.

W.P. (Civil) Nos. 456 of 2022 CORAM: B.R.Gavai, Sanjay Karol & Vikram Nath CITATION: MANU/SC/0756/2023 Sanjay Kumar Mishra, has been appointed as the Director of Enforcement Directorate, otherwise referred to as ED , through an order dated 19th of November 2018, for a tenure of 2 years by the President if India . This Sanjay …

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Supreme Court of India M Siddiq (D) Thr Lrs vs Mahant Suresh Das & Ors on 9 November, 2019

Facts of the case:- In the annals of Indian history, the district of Ayodhya in Uttar Pradesh stands as a testament to both ancient legend and modern controversy. At the heart of this saga lies a 2.77-acre plot of land, known by its plot number 583, which became the epicenter of India’s most protracted and …

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National Insurance Co. Ltd. v. Harsolia Motors and Ors., (2023) | Consumer Protection-Act,1986Facts

Rakesh Narula And Co. provided fire insurance to Harsolia Motors for sums of 90 lakhs and 75,38,000 rupees, respectively. During the 2002 Godhra riots, the insured properties were damaged by fire. While National Insurance Co. Ltd. accepted Rakesh Narula And Co.’s claim for 54,29,871 rupees, Harsolia Motors’ claim was denied. Both parties contested this decision …

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Budhadev Karmaskar V. Union of India 2022 SCC Online SC 704

Bench L. Nageshwara Rao, B. R. Gavai, and A. S Bopanna, JJ citation: criminal appeal number -135/2010 Facts the incident took place on 17th September 1999 where a prostitute namely Shrimati Chyay Rani Pal, also known as buri, aged 45, succumbed to death after getting beaten up brutally by a person named budhadev karmasker . …

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

Prologue: “The stopping of the judicial courts, had been blended, in the minds of some people, with the redress of grievances, considered only as a mode of awakening the attention of the legislature.” We will plunge towards the depth of the meaning of the above quote through the comprehensive study of the recent Supreme Court’s …

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CASE :-M SIDDIQ(D) THR LRS V. MAHANT SURESH DAS &ORS (POPULARLY KNOWN AS AYODHYA RAM MANDIR CASE)

CITATION- CIVIL APPEAL NO. 10866-10867 OF 2010 COURT- SUPREME COURT OF INDIA DECIDED- 9TH NOVEMBER, 2019 APPEALED FROM- ALLAHABAD HIGH COURT JUDGES – Ranjan Gogoi (CJI), DY Chandrachud, Ashok Bhushan, S. Abdul Nazeer, Sharad Arvind Bobde.  INTRODUCTION The case of M Siddiq (D) Thr V. Mahanth Suresh Das & Ors CIVIL APPEAL NO. 10866-10867 OF …

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MR. RAMAN KWATRA & ANR.  v. KEI INDUSTRIES LIMITED

Rajdip Das Techno India University CITATION: 2023 SCC ONLINE DEL 38 FACTS OF THE CASE: The case is between KEI Industries Limited, a company that manufactures and sells wires and cables, and Raman Kwatra and his sole proprietorship firm, which manufactures and sells electrical fans and other appliances. The dispute is centred around the usage …

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THE STATE OF MADHYA PRADESH VS SHANKAR SINGH GURJAR, AIR 2021

FACTS On 23rd June, 2006, Moharman Lal reported his grandson Shubham to be missing. Shubham, who is around 10 years old, had not returned from his tuition at Variety Public School. His teacher mentioned that Shubham planned to learn skating. Despite searches, Shubham remained missing. On 7th July, 2006, police received a tip about a …

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Supreme Court of India M Siddiq (D) Thr Lrs vs Mahant Suresh Das & Ors on 9 November, 2019

Facts of the case:- In the annals of Indian history, the district of Ayodhya in Uttar Pradesh stands as a testament to both ancient legend and modern controversy. At the heart of this saga lies a 2.77-acre plot of land, known by its plot number 583, which became the epicenter of India’s most protracted and …

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The Indian Union of Muslim League vs Union of India

Facts The Indian Union Muslim League (IUML) swiftly challenged the Citizenship (Amendment) Bill’s validity in a petition filed under Article 32 of the Constitution following its passage in Parliament earlier in December 2019. Official notice was sent to the CAA on January 10, 2020. Soon after, a number of additional plaintiffs followed, and as of …

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Essar House Private Limited v. Arcellor Mittal Nippon Steel India Limited

Civil Appellate Jurisdiction In the Supreme Court of India (Before Indira Banerjee and A.S. Bopanna, JJ.) Civil Appeal No. of 2022 (Arising out of SLP (C) No. 3187 of 2021) Decided on September 14, 2022. Facts of the case: The appeal before the Supreme Court arose against the common judgment and order dated February 1, …

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State of Jharkhand V. Shailendra Kumar Rai @ Pandav Rai

(Criminal Appeal No 1441 of 2022) Facts: The prosecution alleges that on the afternoon of November 7, 2004, the respondent forcibly entered the victim’s home in Narangi village. It is claimed that he physically assaulted her, committing rape, and then threatened her with death if she raised an alarm. Subsequently, when the victim called for …

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Christian Medical College Vellore Association v. Union of India 

Court: Supreme Court of India Petitioner: Christian Medical College Vellore Association  Respondent: Union of India and Others Bench: M.R. Shah, Vineet Saran, Arun Mishra Date of Judgement: 29 April, 2020 Important Sections/Articles-Constitution of India, 1950 – Article 19(1)(g), 25,26,29(1) and 30 FACTS: In this case, the constitutionality of the announcements that established NEET as the …

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TITILE OF THE CASE: BIKRAM CHATTERJEE and OTHERS Vs UNION OF INDIA.

DATE OF THE JUDGEMENT:21ST AUGUST PETITIONER: BIKRAM CHATTERJEE  RESPONDENT: UNION OF INDIA APPEAL No.: 940/2017 BENCH: HONOURABLE Mr. JUSTICE ARUN MISHRA AND HONOURABLE Mr. JUSTICE UDAY UMESH LALIT. FACTS OF THE CASE:  A writ petition was filed by some homebuyers of projects aggrieved by the Corporate Insolvency Resolution Process and the whole process was initiated …

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KERALA UNION OF WORKING JOURNALISTS Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s)

For Petitioner(s) For Respondent(s) FACTS ISSUES RAISED CONTENTION justice. It gives the powers to quash the FIR if it fails to meet the ends of justice. RATIONALE DEFECTS OF LAW Without the FIR being filed or without any prior information being provided as mentioned under the CODE OF CRIMINAL PROCEDURE, no matter that in between …

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CASE COMMENTARY ON: CONTAINER CORPORATION OF INDIA LTD. VS AJAY KHERA AND OTHERS.

Case no. (Supreme Court of India): Case Appeal No. 3798 of 2019  Date of Judgement of the case: 11th January 2024 Bench: Justice Abhay S. Oka and Justice Pankaj Mithal Appellant(s): Container Corporation of India Ltd. Respondent(s): Ajay Khera and others Also to restrict the entry of the containers to the depot in cases when …

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INTERNET AND MOBILE ASSOCIATION OF INDIA VS RESERVE BANK OF INDIA

Court: The Supreme Court of India Citation: W.P. (Civil) No. 528/2018 Coram: Justices Rohinton Fali Nariman, Aniruddha Bose, V. Ramasubramanian Subject Matter: Trade in Cryptocurrency in India (Financial Law and Banking law) Introduction: Cryptocurrency or virtual currency (such as Bitcoin and Ethereum) is a digital form of currency that operates independently of traditional banking systems. …

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SUBHASH DESAI VS PRINCIPAL SECRETARY, GOVERNOR OF MAHARASHTRA AND ORS

“Famously known as REAL SHIVSENA case” Dated: 11 th may 2023 On November 28th, 2019, Uddhav Thackeray, leader of Shiv Sena and head of the MahaVikas Aghadi (MVA), became the Chief Minister of Maharashtra through the MVA alliancewith the Nationalist Congress Party and the Indian National Congress. However, on June21st, 2022, Eknath Shinde, a key …

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SUPRIYO @ SUPRIYA CHAKRABORTY & ANR. V. UNION OF INDIA (SAME SEX MARRIAGE)

CASE NUMBER: 1011/2022CASE CITATION: W.P.(C) No. 1011/2022; Diary No. 36593/2022NAME OF COURT: Supreme Court of IndiaDATE OF JUDGMENT: October 17,2023 PARTIES TO THE CASEPETITIONERS: Supriya Chakraborty and Abhay DangLAWYERS: Mr. Mukul Rohatgi, Sr. Adv Dr. Menaka Guruswamy, Sr. Adv. Ms. Arundhati Katju andors.RESPONDENTS: Union of IndiaLAWYERS: Mr. R Venkataramani, Attorney General for India Mr. Tushar …

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X v. Principal Secretary, Health & Family welfare, Govt. of NCT Delhi

Citation- SPL (C) No. 12612 of 2022 Date of Judgment- 29th September, 2022  Author- J. D.Y ChandrachudBench- Justice D.Y Chandrachud, Justice A.S. Bopanna, Justice J.B. Pardiwala INTRODUCTION  In India, the history of women has been a history of not being heard, one that has come to solidify into a mark of showing respect. This has …

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Neil Aurelio Nunes and Ors. versus Union of India and Ors.

The Indian government’s Other Backward Classes (OBC) reservation policy aims at giving historically underprivileged populations, a fair access to job and educational opportunities. OBC reservations, which date back to the Mandal Commission Report of the 1980s, provide representation for groups that are underprivileged in both social and scholastic spheres. This reservation, which was first implemented …

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UNIBROS V ALL INDIA RADIO

Due to the 42-month delay, arbitration was required in the case involving All India Radio (AIR) and M/s. Unibros regarding delays in the construction of Delhi Doordarshan Bhawan. Due to resource blocking and prolonged service provision beyond the limits of the contract, Unibros claimed loss of earnings. The arbitrator first used Hudson’s calculation to determine …

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CALL RECORDING v. RIGHT TO PRIVACY: AMBIGUITY IN MATRIMONIAL CASES

Abstract This research paper explores the difficult relationship between call recording and the right to privacy within the context of matrimonial cases in India. The use of call recordings as evidence in legal proceedings has become increasingly prevalent, especially in disputes related to marriages. However, this practice raises critical concerns about the potential infringement on …

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Budhadev Karmaskar vs The State of West Bengal on 19th May 2022

Citation: CRIMINAL APPEAL NO. 135 OF 2010 Quorum: Hon’ble Mr. Justice Girish Chandra Gupta & Hon’ble Mr. Justice Kishore Kumar Prasad.  Author Of the Judgment: Both Hon’ble Justices Appellant: Budhadev Karmaskar Respondent: The State of West Bengal & Ors. Counsel For Appellant: Mrs. P. Goswami Counsel For Respondent: Mr. Pradip Ghosh Acts And Sections Involved: …

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The Employees Provident Fund Organisation v. Sunil Kumar B 2022 INSC 1169, Supreme Court Of India, 2022

Facts of the case This passage discusses a court case challenging the legality of modifications made to the Employees’ Pension Scheme (EPS) in 2014. The employee pension scheme was established in 1995 which provides pensions to eligible employees. The Provident Funds and Miscellaneous Provisions Act, of 1952 initially did not have a pension scheme, but …

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Neil Aurelio Nunes and Ors. v. Union of India and Ors. (2022) 4 SCC 1 

FACTS- For the academic year 2021–2022, the Directorate General of Health Services under the Union Ministry of Health and Family Welfare announced adjustments to the reservation policies for postgraduate (PG) seats in the All India Quota (AIQ) in medical universities. These adjustments included a 10% reservation for Economically Weaker Sections (EWS) and a 27% reservation …

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Rambabu Singh Thakur v. Sunil Arora & Ors. [2020 3 SCC 733]

Court: The Supreme Court of India Parties: Petitioner: Rambabu Singh Thakur v/s Respondent: Sunil Arora & Ors Judgment dated: 13th February 2020   Bench: FACTSThis case is associated with the ‘Criminalization of Political Activities In India’, which refers to people having criminal records being allowed to enter into politics. Criminal records of selected candidates are not …

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VODAFONE INTERNATIONAL HOLDINGS BV v. UNION OF INDIA AND ANR.

FACTS OF THE CASE: ISSUES RAISED:There were two major issues raised under this case: CONTENTIONS Vodafone’s side: Page 2 of 2 Income Tax Department’s, GOI” s (Government of India) side: RATIONALEWhether the contentions made by the Income Tax Department are valid? Was the essence ofthe transaction to gain control over Indian assets? Page 3 of …

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