Case Comment

SATISH S/O BANDU RAGDE VS STATE OF MAH., THR. P.S.O. … ON  19 JANUARY, 2021

CASE COMMENT FACTS Satish, the accused, lived in the same neighborhood as the 12-year-old girl, who is the prosecution’s witness. On December 14, 2016, around 11:30 a.m., the girl went out to pick guavas. She didn’t return for an extended period, prompting her mother, who is the informant,  to search for her. A nearby resident …

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SMT. S. VANITHA v. THE DEPUTY COMMISSIONER, BENGALURU, URBAN DISTRICT & ORS.

CASE COMMENT DATE OF THE CASE: 15th December, 2020 APPELLANT: Smt. S. Vanitha RESPONDENT: The Deputy Commissioner BENCH/JUDGES: Dr. Dhananjaya Y. Chandrachud (J), Indu Malhotra (J), Indira Banerjee (J) LEGAL PROVISIONS: Protection of Women from Domestic Violence Act, 2005 and The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 CIVIL APPEAL NO.: 3822/2020 …

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CENTRAL PUBLIC INFORMATION OFFICER, SUPREME COURT OF INDIA V. SUBHASH CHANDRA AGARWAL

COURT:   Supreme Court of India  DATE OF DECISION:  13 November, 2019 CASE NO.:   Civil Appeal no. 10044/2010 FACTS: ISSUE RAISED: CONTENTION The appellants made the following arguments: The respondent made the following claims: RATIONALE: The summary of judgment is as follows: On November 13, 2019, the Hon’ble Supreme Court dismissed the appeal and ruled in …

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Government of NCT of Delhi v. Union of India

Date of the Case: May 11, 2023Appellant: Government of NCT of Delhi (National Capital Territory of Delhi)Respondent: Union of IndiaBench: Chief Justice of India D.Y. Chandrachud, Justice M.R. Shah, Justice Krishna Murari, Justice Hima Kohli, Justice PS NarasimhaLegal Provisions: Constitution of India, 1949, Article 239,  Constitution of India, 1949, Article 239 AACitations: 2023 SCC OnLine …

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justice, right, legal

Satender Kumar Antil v. Central Bureau of Investigation & Anr.

DATE OF THE CASE– 11th July,2022 APPELLANT- Satender Kumar Antil RESPONDENTS– Central Bureau of Investigation (CBI) & Anr. BENCH/JUDGES– Hon’ble Mr Justice Sanjay Kishan Kaul, Hon’ble Mr Justice M.M. Sundresh LEGAL PROVISIONS– S.41, S.41 A and S. 60A of The Code of Criminal Procedure (CrPC) CIVIL APPEAL NUMBER– 5191 FACTS ISSUE RAISED CONTENTION ON BEHALF …

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THE CHIEF ELECTIONS COMMISSIONER OF INDIA VS. MR. VIJAYABHASKAR [CIVIL APPEAL NO. 1767 of 2021]

CASE COMMENT: FACTS: In this case, a special leave petition has been brought in the Supreme Court of India. This petition was filed in response to a decree issued by the division of bench of the Madras High Court. That case had been initiated by an AIADMK candidate to investigate the covid 19 guidelines and …

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home office, workstation, office

TATA Sons Pvt. Ltd. (Formerly TATA Sons Ltd) v. Siva Industries and Holdings Ltd & Ors (2023)

Name of the Parties: Facts of the Case: Siva Industries had acquired shares of TATA Sons between years 1961 to 2001. In 2017, TATA Sons underwent a scheme of arrangement to convert from a public limited company to a private limited company. Siva Industries challenged this conversion. TATA Sons Pvt. Ltd. (hereinafter referred to as …

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judge, hammer, auction hammer

Case Comment: Budhadev Karmaskar v. State of West Bengal and Ors.

Citation: 2022 SCC OnLine SC 704 Appellant: Budhadev Karmaskar Respondent: State of West Bengal Bench: Justices L. Nageswara Rao, B.R Gavai and A.S Bopanna Introduction In India sex work is considered to be a despicable profession and it is stigmatized by society. Despite the fact that every individual in India has right to life and …

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justice, right, legal

SATENDER KUMAR ANTIL VS CENTRAL BUREAU OF INVESTIGATION

CITATION – Civil Appeal No. 7598 of 2021 DATE OF JUDGMENT- 11-07-2022 PETITONER- Satendra KumarAntil RESPONDENT- CBI BENCH– Justice Sanjay kishankauland Justice M.M Sundresh INTRODUCTION In accordance with Section 173 of the Code of Criminal Procedure, a probe is finished when the investigative agency presents its final conclusions to the court once the police report …

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right, advocacy, lex

Shruti Vohra vs. Securities and Exchange Board of India

DATE OF THE CASE: 12 February, 2020 APPELLANT: Shruti Vora RESPONDENTS: Securities and Exchange Board of India (SEBI) BENCH/JUDGES: Justice M.T. Joshi, Dr. C.K.G Nair, Justice Tarun Agarwala LEGAL PROVISIONS: SEBI Act, 1992, SEBI (PIT) Regulation, 2015.  APPEAL NO: 28 of 2020. FACTS OF THE CASE: ISSUES RAISED CONTENTIONS ASSERTION OF THE ADJUDICATING OFFICER ASSERTION …

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lady justice, case-law, right

Satbir Singh & Ors. v. State of Haryana (2021 SCC Online SC 404)

Court: Hon’ble Supreme Court of India Date of the Case: May 28, 2021 Appeal Nos.: 17351736 of 2010 Appellant: Satbir Singh and Another Respondent: State of Haryana Bench/ Judge: N.V. Ramana (CJI), Aniruddha Bose, Surya Kant Facts of the Cases Issues Raised Contention on behalf of Appellant The appellant’s learned senior attorney argued that the …

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case-law, lady justice, justice

DAXABEN V. THE STATE OF GUJARAT (2022)

CITATION – SLP (Crl) No. 1132-1155 of 2022 DATE OF JUDGMENT – 29th July, 2022 COURT – Supreme Court of India APPELLANT – Daxaben RESPONDENT – The State of Gujarat BENCH – Justices Indira Banerjee and V.Ramasubramanian FACTS ISSUES CONTENTION DEFENDANT’S ARGUMENT PLAINTIFF’S ARGUMENT RATIONALE Justices Indira Banerjee and V. Ramasubramanian’s bench stated that inciting …

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justice, law, court

CASE: ARUNACHALA GOUNDER (DEAD) BY LRS. V. PONNUSAMY AND ORS. (2022 SCC ONLINE SC 72)

DATE OF THE CASE: 20 January, 2022 APPELLANT: Arunachala Gounder (Dead) by LRS. RESPONDENT: Ponnusamy and Ors. BENCH/ JUDGES: Justice S. Abdul Nazeer and Justice Krishna Murari LEGAL PROVISIONS: Section 14 and Section 15 of the Hindu Succession Act, 1956. FACTS: Gurunatha Gounder had two sons, Marappa Gounder and Ramasamy Gounder. In 1938, Marappa Gounder …

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GENDER BIASED LAWS IN THE FEMINIST INDIA

CASE: 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: ISSUES RAISED: CONTENTION: Arguments from the Petitioner’s …

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Javed Shaukat Ali Qureshi v. State of Gujarat, Supreme Court of India, 2023.

Citation: 2023 Latest Caselaw 723 SC Bench: Justice Abhay S. Oka and Justice Sanjay Karol Criminal Appeal No: 1012 of 2022 Date of Judgment: September 13, 2023 Legal Provisions /Acts: Sections 143, 147, 148, 149, 302, 307, 436, 452 and 120B of the Indian Penal Code, 1860; Sections 3 and 4 of the Prevention of …

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cyber, security, internet

Internet and Mobile Association V/s Reserve Bank of India (2020 SCC online SC 275)

Date: 04/03/2020 Court: The Apex Court of India Appellant: Internet and Mobile Association of India Respondent: Reserve Bank of India Judges: Rohinton Fali Nariman, Aniruddha Bose, V. Ramasubramanian Brief Facts: On the 6th of April, 2018, the Reserve Bank of India (RBI), the nation’s central banking institution, issued a circular prohibiting RBI-regulated bodies, other individuals, …

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Case Comment – N. Ramkumar Vs State Rep. by Inspector of Police

2023 SCC OnLine SC 1129 In the Supreme Court of India (Before S. Ravindra Bhat and Aravind Kumar, JJ.) N. Ramkumar                                                                                       … Appellant Versus State Rep. by Inspector of Police                                                    … Respondent Criminal Appeal No. 2006 of 2023 Decided on September 6, 2023 Intention and knowledge are crucial in criminal law, as they focus on …

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Case Comment – Tata sons private Limited vs Siva Industries and Holding Limited, Mr. C Sivasankaran

DATE OF THE CASE: 5th January, 2023 PETITIONER/APPLICANT: Tata Sons Private Limited (Formerly Tata Sons Limited) RESPONDENTS:      1. Siva Industries and Holdings Limited                                     2. Mr C Sivasankaran, a resident of Seychelles BENCH/JUDGES: Dr. D.Y. Chandrachud, C.J. and P.S. Narasimha, J. CASE TYPE & NUMBER: Miscellaneous Application No. 2680 of 2019 In Arbitration Case (Civil) …

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PATTU RAJAN AND Ors. Vs. STATE OF TAMIL NADU, 2019 4 SCC 771

SUBMITTED BY PAVITHRA K S – 200401417041 BA LLB (Hons.) Alliance University, Alliance School of Law, Bengaluru. FACTS The appellant/accused showed a strong interest in marrying PW1 (the complainant), even though she was already married to Santhkumar. 1.On 01/10/2001, the accused abducted the victim (Santhkumar) and his wife (PW1). There was another related case that …

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Union of India v.  K.A. Najeeb

(Criminal appeal no.98 of 2021) [Arising out of Special Leave Petition (Crl.) No. 11616 of 2019] Facts:  an unlawful act against a Professor in Kerala following the objectionable questions framed by him in B. Com examination. He was arrested by the National Investigation Agency (NIA) in 2015 since he was a member of Popular Front of India, a fundamentalist  group under UAPA (Unlawful Activities Prevention …

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INDIAN YOUNG LAWYERS ASSOCIATION & ORS. VS. THE STATE OF KERALA & ORS [2019 11 SCC 1]

Gender equality in India is most desired form, which our nation is craving for since long. Gender equality is no more a moral pressure or social issue but also a social, economic challenge. For overall development of the nation gender equality is very essential. In the era of full of opportunities india lacking in its …

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ANURADHA BHASIN V. UNION OF INDIA WRIT PETITION (CIVIL) NO. OF 2019

Date of judgement: 10-01-2020 Petitioner: Anuradha Bhasin Respondent: Union of India and Ors Bench: N.V.Ramana, V.Ramasubramanian INTRODUCTION Anuradha Bhasin v. Union of India is a landmark case in Constitutional Law as it ponders in depth into the ambit of Right to Freedom of Speech and Expression. On the eve of abrogation of Article 370, by …

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Dr. Jaishri Laxmanrao Patil v. The Chief Minister

Citation: CIVIL APPEAL NO. 3123 of 2020 Facts The case of Dr. Jaishri Laxmanrao Patil v. The Chief Minister centres around the intricate dynamics of India’s reservation policy, particularly concerning the Maratha community. The chronology of events paints a vivid picture: Issues raised The case brought forth these multifaceted issues, highlighting the intricate balance between affirmative action, …

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Supreme Court Special Leave Petition (SLP) No. 71 of 2022STATE OF MAHARASTRA AND ANOTHER VS Dr MAROTI

CASE COMMENT: – COURT: – SUPREME COURT OF INDIACASE NO: – Supreme Court Special Leave Petition (SLP) No. 71 of 2022STATE OF MAHARASTRA AND ANOTHER Vs. Dr. MAROTI (2023) Appellant: – The State of Maharashtra and Another Respondent: – Dr. Maroti CITATION: – (2023) 4 SCC 298 Date Of Judgement: – 02/11/2022 Justice Bench: – …

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RAHUL GANDHI V. PURNESH ISHWERBHAI MODI AND ANR  2023 (SC) 598

FACTS The ruling and decision made by the knowledgeable single bench of the High Court dismissing the revision petition, which was contested in the current appeal, which was submitted in opposition to the Hon. Session Judge’s order; as a result, they requested a stay of the conviction, which was denied. In 2019, Rahul Gandhi, a …

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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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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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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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