Case Comment

N.N. Global Mercantile Pvt Ltd v. Indo Unique Flame Ltd & Ors; In Re: interplay between Indian Stamp Act and Indian Arbitration Act

(Supreme Court in Curative Petition (C) No. 44 of 2023 with Arbitration Petition No. 25 of 2023) Citation: (2023) INSC 1066 FACTS Indo Unique Flame Ltd. secured an occupational offer from Karnataka Power Corporation Ltd. (KPCL) in September 2015, and initiated a sub-contract with NN Global, which included a clause 9 for security deposit and a clause …

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CASE COMMENT: POONAM SHARMA V. UNION OF INDIA

INTRODUCTION The case of Poonam Sharma v. Union of India stands as a significant judicial landmark in India’s reproductive rights discourse, particularly concerning the termination of pregnancies beyond the statutory limit set by the Medical Termination of Pregnancy (MTP) Amendment Act, 2021 (hereafter, referred to as ‘the 2021 Act’). The Act is an amendment to …

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Kaushal Kishore v. The State of Uttar Pradesh: Case Comment.

This case deals with the Fundamental Right to Free Speech and Expression. As the case progresses we would came to know how intricate the simple looking Fundamental Rights are and how difficult it is to interpret them in today’s complex and ever changing social and political structure.  Facts: In this case the 5 Judge Constitution …

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Rakesh Vaishnav v. Union of India

FACTS Application for intervention and impleadment were allowed. Three categories of petition around the three farm laws, them being Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, Essential Commodities (Amendment) Act, 2020, Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020. One category of the petition challenged the constitutional …

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Teesta Atul Setalvad v. State of Gujarat

1. FACTS Teesta Atul Setalvad, a distinguished human rights activist, has been instrumental in seeking justice for victims of the 2002 Gujarat riots. These riots, triggered by the Godhra train burning incident, resulted in widespread communal violence, leading to significant loss of life and property, predominantly affecting the Muslim community. Setalvad, through her NGO, Citizens …

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CASE COMMMENTARY ANJU GARG & ANR. V DEEPAK KUMAR GARG (2022)

CASE ANALYSIS: ANJU GARG & ANR. V DEEPAK KUMAR GARG (2022)   DATE OF THE CASE: 16TH SEPTEMBER, 2022  APPELLANT:  ANJU GARG & ANR.  RESPONDENT: DEEPAK KUMAR GARG .      BENCH/JUDGES: JUSTICE BELA M. TRIVEDI AND DINESH MAHESHWARI LEGAL PROVISIONS: SECTION 125 OF CrPC, ARTICLE 15(3), ARTICLE 39 OF INDIAN CONSNTITUTION.  INTRODUCTION The matrimonial disputes and ascertainment of the legal …

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CASE COMMENT: M/S HYDER CONSULTING (UK) LTD. V/S GOVERNOR, STATE OF ORISSA & CHIEF ENGINEER

BACKGROUND The civil appeal (No. 3148 of 2012) arose from a judgment by the High Court of Orissa at Cuttack on 28.07.2010. The case began with Writ Petition (Civil) No. 5302 of 2009, which challenged two orders by the District Judge, Khurda, dated 19.02.2009 and 26.03.2009. These orders related to Execution Petition No. 17 of …

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Title- PARTEEK BANSAL vs STATE OF RAJASTHAN & ORS.

Citation-Special Leave to Petition (Crl.) No.2520 OF 2017 Court– Supreme Court of India Bench: Hon’ble Justice Vikram Nath, Justice Prashant Kumar Mishra Date of Judgement:19 April,2024 Parties: Appellant-Parteek Bansal Respondent- State of Rajasthan & Ors. Important provisions – Code of Criminal Procedure Section 482: Grants power to the High Court to quash any FIR’s or …

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                                                      Case comment Vinubhai Haribhai Malaviya and Others v. The State of Gujarat

Facts  On December 22, 2009, Nitinbhai Patel, submitted a FIR on behalf of Ramanbhai and Shankarbhai, they lived in the US and UK, each, in their capacity as the power of attorney holder. The land came in question in which Ramanbhai and Shankarbhai had purchased from Bhikabhai and his spouse Bhikiben in 1975, it  was …

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Bilkis Yakub Rasool vs Union of India

(2022) Citation Writ Petition (Cr.) No. 491/2022 Court: Supreme Court of India Bench:  • Hon’ble The Chief Justice Ranjan Gogoi • Hon’ble Mr. Justice Deepak Gupta • Hon’ble Mr. Justice Sanjiv Khanna Parties: Appellant:    • Ms. Bilkis Yakub Rasool • Sr. Adv.   Shadan Farasat, AOR • Mr.   Shankar Narayanan, Adv. • Ms.   Jahnavi Sindhu, Adv. • Ms.   Shruti Narayan, Adv. Sr. Adv. Shobha Gupta Sr. Adv. Tushar Mehta Sr. …

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ELECTION COMMISSION OF INDIA vs. MR. VIJAYA BHASKAR (2021)

Facts Issues Raised  Is the practice of media recording oral statements made in court proceedings a lawful and constitutional one?  Important Provision Article 19 (1)(A)- Guarantees Freedom of Speech & Expression Contention Petitioner: Respondent:  Rationale  The bench ruled that the Madras High Court’s oral remarks are not part of the official judicial record. It affirmed …

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Association of Democratic Reforms v. Union Of India

(15 February, 2024)  Background and Facts: The case of Association for Democratic Reforms v. Union of India revolves around the fundamental issue of transparency in Indian democracy. When presenting Union Budget of 2017-18 Former Finance Minister (Arun Jaitley) stated that after 70 years of Independence, country has not evolved for the transparent method for funding …

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CHARAN SINGH @CHARANJIT SINGH V. STATE OF UTTARAKAHND

CASE DETAILS Judgement Cause Title Charan Singh @Charanjith Singh V. State of Uttarakhand Case Number Criminal Appeal no 447 of 2012 Judgement Date 20th April 2023 Court  Supreme Court of India Quorum  Abhay S. Oka, Rajesh Bindal Author  Rajesh Bindal Legal Provisions Involved Section 304B,498A, 201 of IPC  Section 113A of IEA INTRODUCTION In India, …

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In the Supreme Court of India Criminal Appellate jurisdiction Appellant: Satbir Singh & Another

Respondent: State of Haryana Citation: Criminal Appeals nos. 1735-1735 of 2010 Date of the Case: May 28, 2021 Bench/ Judge: N.V. Ramana (CJI), Aniruddha Bose, Surya Kant Facts of the Case: Issues Raised: Code? Contention: Contention on behalf of Appellant: The appellant’s barrister contended that since there’s a chance it was a suicide, the likelihood …

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CASE BRIEF (Crl.Rev.Pet.No.433/2022) Xxx v.  State of Kerala

Petitioners: Xxx  Respondents: State of Kerala  Acts involved: Protection of Children from Sexual Offences (POCSO) Act, Information Technology (IT) Act, Juvenile Justice (JJ) Act  Important provisions: Sections 13(b), 14 and 15 of POCSO Act, Sections 67B (d) of the IT Act, Section 75 of the JJ Act Court: High Court of Kerala  Bench: Dr. Justice …

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ED V. KAPIL WADHAWAN (2023) 5 SCR 918

COURT NAME: IN SUPREME COURT OF INDIA JURISDICTION: CRIMINAL APPELLATE JURISDICTION APPEAL NO.: CRIMINAL APPEAL NO. 701-702 OF 2020 APPELLANT: Enforcement Directorate RESPONDENT: Kapil Wadhawan  JUDGE/ BENCH:  Judge K.M. Joseph; Judge Hrishikesh Roy; Judge B.V. Nagarathna.  DATE OF JUDGEMENT: 27th March 2023 STATUES INVOLVED: Civil Code of Criminal Procedure, General Clauses Act.  FACTS OF THE CASE:  LEGAL ISSUE …

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Case Brief: Anil Dhirajlal Ambani v. Union of India

-by Hanshika Tiwari UPES, Dehradun Facts  The petitioner challenged several sections of the Insolvency Bankruptcy Code, 2020 (the Code or IBC), concerning to the personal guarantor to the corporate debtor. The petitioner was a personal guarantor in two loans taken by the Reliance Communications Ltd. and Reliance Infratel Ltd. that amounted to Rs.1200 Crores from …

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CASE COMMENT: JANHIT ABHIYAN V. UNION OF INDIA

Date of the case: 7th November 2022 Citation: Writ petition (civil) No.55 of 2019 Petitioner: Janhit Abhiyan Akhil Bhartiya Kushwaha Mahasabha, the People Party of India, SC/ST Agricultural Research and Education Employees Welfare Association, and Youth for Equality.  Respondent: The Union of India, the State of Maharashtra, the Ministry of Personnel, Public Grievances and Pensions, …

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CASE COMMENT RAHUL GANDHI VS. PURNESH ISHWARBHAI MODI AND ANR, 2023

CITATION: 2023 (SC) 598 APPELLANT: Rahul Gandhi RESPONDENT: Purnesh Ishwarbhai Modi COURT: Honourable Supreme Court of India DATE OF FINAL JUDGEMENT: 4th of August, 2023 CASE TYPE: Special Leave Petition (Criminal) No. 8644 of 2023  BENCH: 3 Judge Bench (Justice B.R. Gavai, Justice P.S. Narasimha, and Justice Sanjay Kumar) LEGAL PROVISIONS INVOLVED: Section 499, 500 …

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All India Football Federation (AIFF) v. Union of India & Ors. (2022)

FACTS The All India Football Federation is the governing body for football in India. It promotes and regulates the game at different levels. As of late, AIFF has suffered from various allegations of mismanagement, lack of transparency, and non-compliance with statutory regulations. The 2022 case of AIFF v. Union of India & Ors. brought such …

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Balram Garg vs Securities and Exchange Board of India

Abbreviations: SAT: Securities Appellate Tribunal  WTO: Whole Time Member SEBI: Securities and Exchange Board of India PCJ: Padam Chand Jeweller PIT: Prevention of Insider Trading Regulation Act, 2015 UPSI: Unpublished Price Sensitive Information r/w: Read With Facts: A jewellery company incorporated by 3 brothers named Padam Chand Gupta(chairman), Balram Gupta(Managing Executive) and Amar Garg on April 13, 2005, under Companies Act, 1956 …

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APOORVA ARORA VS STATE (GOVT. OF NCT OF DELHI)

Case title: Apoorva Arora and Anr. Vs State (Govt. of NCT of Delhi) Case no.: SLP (CRL.) No. 5463-5464/2023 Decided on: 19.03.2024 Quorum: Hon’ble Justice A.S. Bopanna, Hon’ble Justice Pamidighantam Sri Narasimha INTRODUCTION The case of Apoorva Arora vs. State (Govt. of NCT of Delhi) represents a significant turning point in Indian law about the harmony between legal standards …

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VIKASH KUMAR V. UNION PUBLIC  SERVICE COMMISSION (UPSC) (2021)

INTRODUCTION The landmark verdict in the case of Vikash Kumar v. Union Public Service Commission (UPSC) by the Supreme Court of India broadens the scope and implementation of disability rights in India. In arrange to guarantee that individuals with incapacities can completely and viably take an interest in society, it is significant to create sensible …

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IN THE SUPREME COURT OF INDIA Criminal Appellate Jurisdiction CRIMINAL APPEAL Nos. 17351736OF 2010 SATBIR SINGH & ANOTHER (APPELLANTS) Versus STATE OF HARYANA              (RESPONDENT)

FACTS On July 1, 1994, the dead and accused appellant No. 1 tied the knot. Around 4:00 or 4:30 PM on July 31, 1995, the complainant received word from someone that his daughter was hospitalized due to a bad illness. After learning of this, the complainant hurried to the hospital with his wife and kid, …

IN THE SUPREME COURT OF INDIA Criminal Appellate Jurisdiction CRIMINAL APPEAL Nos. 17351736OF 2010 SATBIR SINGH & ANOTHER (APPELLANTS) Versus STATE OF HARYANA              (RESPONDENT) Read More »

Set-Offs under the IBC through a Case Commentary on Bharti Airtel and Anr. v Vijaykumar V. Iyer

The Supreme Court in Bharti Airtel and Anr. v Vijaykumar V, Iyer has settled various issues regarding insolvency proceedings under the Insolvency and Bankruptcy Code (IBC) that have arisen before the Court of law in cases such as Union of India v Association of Unified Telecom Service Providers of India. This case comment will provide …

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Equality for Sikkim’s Old Settlers and Gender Inclusivity Association of Old Settlers of Sikkim and Ors. Vs. Union of India (UOI) and Others on 13th January, 2023.

Details of the case- Citation- (2023) 5 SCC 717 Decided On-13.01.2023 Bench: Hon’ble Justices M.R. Shah and B.V. Nagarathna. Introduction: On January 13th, 2023, Sikkim woke up to the glorious news that the “old settlers”, also known as the ‘left-out category’ of people will now be allowed the exemption from payment of Income tax just …

Equality for Sikkim’s Old Settlers and Gender Inclusivity Association of Old Settlers of Sikkim and Ors. Vs. Union of India (UOI) and Others on 13th January, 2023. Read More »

CASE SUMMARY of SWISS RIBBONS PVT. LTD. AND ANR. VS. THE UNION OF INDIA AND ORS

Krishna. G 1. FACTS Supreme Court Examines Insolvency and Bankruptcy Code Constitutionality The Supreme Court bypassed the specific details of a case to focus on the constitutionality of the Insolvency and Bankruptcy Code (IBC). Challengers to the code raised several key points: The Supreme Court’s decision on these challenges will have a significant impact on …

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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. 1.     FACTS OF THE CASE: Also to restrict the entry of the containers to …

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Case comment Vinubhai Haribhai Malaviya and Others v. The State of Gujarat

Facts On December 22, 2009, Nitinbhai Patel, submitted a FIR on behalf of Ramanbhai and Shankarbhai, they lived in the US and UK, each, in their capacity as the power of attorney holder. The land came in question in which Ramanbhai and Shankarbhai had purchased from Bhikabhai and his spouse Bhikiben in 1975, it  was …

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Case Comment on – Competition Commission of India v. Bharti Airtel Limited and Others

CASE COMMENTARY Appellant: Competition Commission of India Respondent: Bharti Airtel Limited and Others Court: Supreme Court of India Criminal Appeal No. 11843 Of 2018 Bench: Hon’ble Justice A.K Sikri & Ashok Bhushan Date decided: 05-Dec-2018 FACTS OF THE CASE In December 2016, Reliance Jio Infocom Limited (RJIL) lodged a complaint with the Competition Commission of …

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PHULEL SINGH V. STATE OF HARYANA, (2023) 10 SCC 268

By Priyanshi Ekka Student at Dharmashastra National Law University INTRODUCTION In Phulel Singh v. The State of Haryana[1], Criminal Appeal No. 396 of 2010, a three-judge Supreme Court bench made up of Justices B.R. Gavai, Pamidighantam Sri Narasimha, and Prashant Kumar Mishra rendered a decision on September 27, 2023, holding that the accused should be …

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Mukesh Kumar V. State of Uttrakhand

Facts  The controversy in the appeals centers on the reservation for Scheduled Castes (SC) and Scheduled Tribes (ST) in promotional posts of Assistant Engineer (Civil) within the Public Works Department of Uttarakhand. The case explores the application and constitutional validity of reservation policies in public services, specifically addressing the legislative and judicial developments regarding the …

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CASE COMMENT Case = Katta Sujatha Reddy vs Siddamsetty Infra Projects Pvt. Ltd. 2022 (SC) 712

FACTS OF THE CASE Katta Sujatha Reddy, the petitioner, entered into a formal agreement with Siddamsetty Infra Projects Pvt. Ltd., the respondent, for the development of a specific parcel of land. The agreement delineated the responsibilities and obligations of each party, with Sujatha Reddy providing the land and Siddamsetty Infra Projects undertaking the development work. …

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Case Comment on – Competition Commission of India v. Bharti Airtel Limited and Others

CASE COMMENTARY Appellant: Competition Commission of India Respondent: Bharti Airtel Limited and Others Court: Supreme Court of India Criminal Appeal No. 11843 Of 2018  Bench: Hon’ble Justice A.K Sikri & Ashok Bhushan Date decided: 05-Dec-2018 FACTS OF THE CASE In December 2016, Reliance Jio Infocom Limited (RJIL) filed a complaint with the Competition Commission of …

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Animal Welfare Board of India v. Union of India, 2023 SCC Online SC 661

FACTS Jallikattu is a traditional sport that is part of the Mattu Pongal celebration, which is the third day of the Pongal festival. It’s also known by other names like eru thazhuvuthal or manju virattu. The word ‘Mattu’ stands for bull, and on this day, bulls are honoured for their role in farming and milk …

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SITARAM YECHURY VS UNION OF INDIA (2019)

Citation Writ Petition (Cr.) No. 229/2019 Court: Supreme Court of India Bench:  Parties: Appellant:    Respondent for UOI:                       For State of J&K:                      The case of Sitaram Yechury vs. Union of India is a landmark legal proceeding that arose from the abrogation of Article 370, which had provided special autonomy to the region of Jammu and Kashmir. Following the …

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VIKAS KUMAR V. UNION PUBLIC SERVICE COMMISSION & ORS. (2021)

Court: Supreme court of India 3-Judge Bench: Justice DY Chandrachud, Indira Banerjee and Sanjiv Khanna Appellant: Vikas Kumar Respondent: UPSC & Ors. Citation: 2021 SCC Online SC 84 FACTS In this case, Vikas Kumar was appellant who is a civil services aspirant, suffered from a neurological condition as Dysgraphia which is also known as writer’s …

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INDIBILY CREATIVE PVT. LTD. AND ORS. VS. GOVT. OF WEST BENGAL AND ORS.

Court: Supreme Court of India  Citation: Writ Petition (Civil) 306 of 2019 Delivered On: 11/04/2019 Bench: Dr. D.Y. Chandrachud, Hemant Gupta, J.J. Petitioner: Indibility Creative Pvt Ltd & Ors Respondent: Govt. of West Bengal & Ors Facts Founded in 2017, the first petitioner is a company. The filmmakers, who also co-produced the movie, are the …

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 M. Siddiq (D) Thr. Lrs. v. Mahant Suresh Das & Ors. CITATION – Civil Appeal no. 10866-10867/2010 2019 SCC Online 1440. DATE OF THE JUDGEMENT – 9 November 2019 

COURT – SUPREME COURT OF INDIA  PETITIONERS – M. SIDDIQ (deceased), MAULNA ASSHAD RASHIDI, SUNNI  WAQF BOARD.  RESPONDENT – MAHANT SURESH DAS, and Others, NIRMOHI AKHADA,  BHAGWANT SHRI RAM VIRAJMAN, STATE OF UTTAR PRADESH, DISTRICT  COLLECTOR (Faizabad), ALL INDIA MAHASABHA, ARYA MAHA PRASESHIK  SABHA, ALL INDIA SANATAN DHARMA SABHA.  BENCH- RANJAN GOGAI, SHARAD A BOBDE, …

 M. Siddiq (D) Thr. Lrs. v. Mahant Suresh Das & Ors. CITATION – Civil Appeal no. 10866-10867/2010 2019 SCC Online 1440. DATE OF THE JUDGEMENT – 9 November 2019  Read More »

 M. Siddiq (D) Thr. Lrs. v. Mahant Suresh Das & Ors. CITATION – Civil Appeal no. 10866-10867/2010 2019 SCC Online 1440. DATE OF THE JUDGEMENT – 9 November 2019 

COURT – SUPREME COURT OF INDIA  PETITIONERS – M. SIDDIQ (deceased), MAULNA ASSHAD RASHIDI, SUNNI  WAQF BOARD.  RESPONDENT – MAHANT SURESH DAS, and Others, NIRMOHI AKHADA,  BHAGWANT SHRI RAM VIRAJMAN, STATE OF UTTAR PRADESH, DISTRICT  COLLECTOR (Faizabad), ALL INDIA MAHASABHA, ARYA MAHA PRASESHIK  SABHA, ALL INDIA SANATAN DHARMA SABHA.  BENCH- RANJAN GOGAI, SHARAD A BOBDE, …

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Hindustan Construction Co. Ltd. v. Union of India

Table of Contents Facts 2 Issues Raised 3 Contentions 4 Petitioners’ Arguments: 4 Respondent’s Arguments: 4 Intervenors’ Support for Petitioners: 5 Rationale 6 Defects of Law 7 Inference 8 Facts The case of Hindustan Construction Co. Ltd. v. Union of India revolves around the constitutional validity of specific provisions within the Arbitration and Conciliation Act, …

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