Case Comment

Case Commentary Kaushal Kishore vs. State of Uttar Pradesh & Ors. ((2023) 4 SCC 1)

Facts  The present case was presented before the Supreme Court of India. A special leave petition and a writ petition were clubbed together. The case brings into picture two fundamental rights, the right to freedom of speech and expression and the right to dignity. In this case, two state ministers passed demeaning statements in Uttar …

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CASE COMMENT X v. PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE, GOVT. OF NCT DELHI

TITLE OF THE CASE – X v. PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE, GOVT. OF NCT DELHI PETITIONER- X RESPONDENT- PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE, GOVT. OF NCT DELHI  CASE CITATION- 2022 SCC Online SCC 1321 CASE TYPE- SPECIAL LEAVE PETITION FACTS OF THE CASE The petitioner in the present case is a permanent …

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CASE COMMENT ON LAXMIBAI CHANDARAGI B V. THE STATE OF KARNATAKA

FACTS OF THE CASE: Petitioner No.1 (Laxmibai Chandaragi B) Apparently without informing her parents, had travelled by flight from Hubli to Bangalore and further from Bangalore to Delhi and married petitioner No.2 (Mr. Santosh Singh Yadav). The petitioner No.1 sent her marriage certificate to her parents through whatsapp on 15.10.2020 in which she revealed the …

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COMMON CAUSE V/S UNION OF INDIA

PETITIONER Common Cause (A Registered Society) RESPONDENT Union of India COURT The Supreme Court of India BENCH Chief Justice A.K. SikriJustice Dipak MishraJustice A.M. KhanwilkarJustice D.Y. ChandrachudJustice Ashok Bhushan CASE NO. WRIT PETITION (CIVIL) NO. 215 OF 2005 STATUTE REFERENCE Constitution of IndiaIndian Penal Code DECIDED ON 9th May, 2018 FACTS ISSUES RAISED CONTENTION RATIONALE …

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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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Title: Rohingya Deportation Case (Md Salimullah v. Union of India)

Facts: The case involves Md Salimullah, a Rohingya refugee residing in India, who filed a petition challenging the Indian government’s decision to deport Rohingya refugees back to Myanmar. [1] In March 2021, numerous newspaper reports stated that about 150-170 Rohingya refugees detained in a jail in Jammu were facing deportation back to Myanmar. This was …

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Legal Opinion on Supreme Court’s refusal to hear PIL on the case of Shailendra Mani Tripathi v. Union of India and Ors., 2023

Abstract – Menstrual leave policies let women take time off work when they have period pain or discomfort that makes it hard to work. More than half of the women who menstruate experience pain for a couple of days a month. In January 2023, a Public Interest Litigation (PIL) was filed before the Supreme Court …

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CASE COMMENT KAUSHAL KISHORE V. STATE OF UTTAR PRADESH AND ORS.

INTRODUCTIONIn the case of Kaushal Kishore v State of Uttar Pradesh, a five-judge bench the court has interpreted articles 19 and 21 in the context of members of parliament and members of legislative assembly. In addition to that Justice Nagarathna has delivered a separate opinion dissenting on some issues. The case addresses the application of …

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FROM HISTORY TO COURTS: INDIA’S SAME SEX MARRIAGE BATTLES THE CASE OF SUPRIYA CHAKRABORTY & ANR. V. UNION OF INDIA

ABSTRACTThis essay will examine the legal odyssey of same-sex marriage in India, which started with the introduction of Section 377 into Indian Penal Code during the colonial era. It does this by studying how sexual minorities fought the unjust laws which eventually led to milestone events such as the progressive ruling of Delhi High Court …

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TOPIC: BAJAJ ELECTRICALS LTD. VS. GOURAV BAJAJ AND ANR. 2020 (82) PTC 40 (BOM.)

SECOND TASK – CASE COMMENT BATCH – MAY’ 2024 TABLE OF CONTENTS Contents BACKGROUND OF THE CASE 3 FACTS 4 ISSUES OF THE CASE: 5 CONTENTION: 6 Arguments from the Plaintiff’s side: 6 Arguments from the defendant’s side: 6 LEGAL PRINCIPLE USED IN CASE: 8 APPLICATION OF LAW: 9 Who can infringe? 9 What constitutes …

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   REVANASIDDAPPA V. MALLIKARJUN (2023), SCC Online SC 1087

INTRODUCTION:  On 1 September 2023, a bench of three judges of Hon’ble Supreme Court of India led by Chief justice of India Dr. DY Chandrachud, delivered a very important judgement in the case of Revanasiddappa and another vs. Mallikarjun and Ors. The judgement answered a long-lasting legal confusion regarding the rights of inheritance born out …

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 BALANCING TRANSPARENCY AND ANONYMITY: STATE BANK OF INDIA V. ASSOCIATION FOR DEMOCRATIC REFORMS AND OTHERS

COURT: Supreme Court of India DATE OF JUDGEMENT: 11 March 2024[1] BENCH: B R Gavai, Dhananjaya Y Chandrachud PETITIONER: Association For Democratic Reforms And Ors. RESPONDENT: State Bank Of India APPLICANT: Association For Democratic Reforms And Ors. TAGS:  banking, privacy, transparency, and election financing FACTS In this case, the  Association for Democratic Reforms And Others …

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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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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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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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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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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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