Case Comment

Jiji B. R. Jadhav & Ors. v. State of Maharashtra & Ors. (2021)  

Citation: Jiji B. R. Jadhav & Ors. V. State of Maharashtra & Ors., (2021) 2 SCC 324. Date of Judgement: 5th May, 2021    Court: Supreme Court of India   Bench: (5 Judges) J. Ashok Bhushan, J. Abdul Nazeer, J. Ravindra Bhat, J. Hemant Gupta, J. Nageshwara Rao.   Case Type: Constitutional   Civil Appeal No: 3123 of 2020   …

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CASE COMMENTARY DR. SHAH FAESAL AND ORS vs. UNION OF INDIA AND ANR (2020 SCC Online SC 263)

In the Supreme Court of India NAME OF THE CASE Dr. Shah Faesal and Ors. vs. Union of India and Anr.  DECIDED ON 2 March, 2020 APPELLANTS Dr. Shah Faesal and Ors. RESPONDENTS  Union of India and Anr. BENCH / JUDGES Hon’ble Justice S. Kant, Hon’ble Justice B.R. Gavai, Hon’ble Justice R.S. Reddy, Hon’ble Justice …

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CASE COMMENT: UNION OF INDIA VS LT. CDR. ANNIE NAGARAJA  (2020)

CASE CITATION: AIR ONLINE 2020 SC 375DATE OF JUDGEMENT: 17th March, 2020APPELLANTS: Union of India & Ors.RESPONDENTS: Lt. Cdr. Annie Nagaraja & Ors.NAME OF THE COURT: Supreme Court of India BENCH: Honorable Justice D.Y. Chandrachud, Honorable Justice Ajay Rastogi FACTS OF THE CASE  The case of Union of India v. Lt. Cdr. Annie Nagaraja was a …

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The State of Maharashtra vs 63 Moons Technologies Ltd.

FACTS ISSUES RAISED  CONTENTION Petitioner’s (State of Maharashtra) Contentions: Respondent’s (63 Moons Technologies Ltd.) Contentions: RATIONALE The Supreme Court exercised its jurisdiction under Article 142 of the Constitution to clarify the legal status of the High Court’s direction dated 28 August 2019. This direction, which mandated the withdrawal of the deposit of Rs 84 crores, …

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New Okhla Industrial Development Authority Vs. Darshan Lal Bohra 2024

1. FACTSThe case at hand involves a dispute between the New Okhla Industrial Development Authority (NOIDA) and Darshan Lal Bohra. NOIDA, a government body responsible for the development of industrial infrastructure in the Noida region, had allotted an industrial plot to Darshan Lal Bohra, a businessman intending to establish a manufacturing unit on the plot. …

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ANALYZING THE JOURNEY AND IMPACT OF THE LANDMARK CASE NAVTEJ SINGH JOHAR VS. U.O.I ON THE RIGHTS OF LGBTQ+  COMMUNITY

ABSTRACT This study analysis and  explores the landmark case of Navtej Singh Johar vs. Union of India and its profound impact on the rights of the LGBTQ+ community in India. Decided by the Supreme Court of India in 2018, this historic ruling decriminalized consensual homosexual acts between adults, striking down Section 377 of the Indian …

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CASE COMMENT SHAKTI YEZDANI V. JAYANAND JAYANT SALGAONKAR (2023)

NOMINATION V. SUCCESSION – THE DEBATE SETTLES Introduction: Nomination as a process involves selecting another person as a legal nominee or representative by a person during his lifetime in respect of specific assets or properties.  In the recent case of Shakti Yezdani vs. Jayanand Jayant Salgaonkar, the Bombay High Court grappled with the complexities surrounding …

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Case Brief Union of India & Ors vs Air Commodore NK Sharma (17038) (2023) 4 SCC 1

Facts: 1. N.K Sharma, the Respondent, was working in the JAG (Judge Advocate General) department and also received training for AVM (Air Vice Marshal), hoping to be promoted to the rank of AVM. 2. Even though being qualified for the promotion, no board was made to fill empty position. 3. Then, the disagreement happened, and …

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TASK 2: CASE COMMENT CASE: ATTORNEY GENERAL FOR INDIA vs. SATISH & ANOTHER (2021)

DATE OF JUDGEMENT- NOVEMBER 18, 2021 CRIMINAL APPEAL NO. 1410 OF 2021 BENCH: JUSTICES UDAY UMESH LALIT, S.RAVINDRA BHAT AND BELA M. TRIVEDI. DECIDED BY: SUPREME COURT OF INDIA (apex court of the country). YEAR-2021 1. FACTS- The facts involved in the case have been framed as the accused named, Satish who was involved in …

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Emami Limited vs Hindustan Unilever Limited on 9 April, 2024

Facts The case involves a trademark dispute between two parties, the petitioner and the respondent, concerning their respective marks “Fair and Handsome” and “Glow and Handsome.” The petitioner, Emami Limited, has been using their trademark since 2005.  They allege that the respondent’s more recent mark, introduced in 2020, infringes their established brand identity. The petitioner …

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Shamsher Singh v. State of Punjab, 1975 S.C.R. (1) 814 (India).

                                                                                                               ID- 21012066 NAME : LAVANYA YADAV Shamsher Singh. Petitioner Vs. State of Punjab. Respondent FACTS In this case, the two appellants were probationary members of the Punjab Civil Service (Judicial Branch). According to various sections of pertinent regulations, the concerned Ministers’ and Chief Minister’s orders terminated both of their probation in accordance with the High …

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Case comment: Union of India and ANR. Vs. Deloitte Haskins and Sells LLP & ANR

Facts:  Issues Raised: Claims Of the Appellants Among several other claims some of the prime and supreme contentions laid by the Appellants in the instant case are as follows: Response Of the Respondent In arguments presented the Respondent laid down several responses challenging the claims put forward by the Appellants. The relevant responses in connection …

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TITLE OF THE  PASSAGE: “Challenges to Election Commission Independence: Legislative Vacancy and Judicial Intervention”

DATE OF JUDGEMENT: 2nd March, 2023. PETITIONER: Anoop Baranwal RESPONDENT: Union of India BENCH: Honourable Justices K.M. Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, C.T. Ravikumar LEGAL PROVISIONS: The Constitution of India FACTS The issue of the Election Commission’s appointment process has sparked significant debate in India, drawing attention to the constitutional mandate outlined in Article 324(2). This provision places …

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CASE COMMENTARY Case Name – Aparna Ajinkya Firodia v. Ajinkya Arun Firodia 

Citation: 2023 LiveLaw (SC) 122  Bench: V. Ramasubramanian, B.V. Nagarathna FACTS:  “This case is based on the controversy that emerged out of an application (Exhibit 84/B) filed by the respondent’s husband on 9th November 2020 before the Principal Judge Family Court, Pune, praying for a direction to subject Master “X” the second child born to …

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Case Commentary of Alok Verma v Union of India; Common Cause v Union of India, (2019) 3 SCC 1

WRIT PETITION (CIVIL) NO.1315 OF 2018 On October 23, 2018, the Central Vigilance Commission (CVC) issued an order removing Alok Kumar Verma from his position as the Director of the Central Bureau of Investigation (CBI), stripping him of all his powers, functions, and supervisory roles. That same day, the Union of India executed the CVC’s order under the Delhi Special …

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M Siddiq (D) Thr Lrs v. Mahant Suresh Das & Ors.

                         Civil Appeal Nos 10866-10867 of 2010 Facts : The Ayodhya dispute is one of India’s important and controversial legal fights. This fight is about a place that Hindus think was the birthplace of Lord Ram. Understanding the key events can help to understand this complex case. In 1528, commander Mir Baqi, under Mughal emperor Babur, …

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NOEL HARPER AND ORS. V. UNION OF INDIA AND ANR.

                         Writ Petition (Civil) Nos. 566, 634, and 751 of 2021  FACTS ISSUES RAISED Moreover, Some of the Non-Governmental Organisations (NGOs) questioned the constitutional validity to the FCRA Act 2010 vide the FCRA Amendment Act 2020. particularly sections 7, 12A, 12(1a) and 17(1) being manifestly arbitrary, unjustified, and violating fundamental rights to Non-Governmental Organisations under Articles …

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Gautam Navlakha v. National Investigation Agency

CASE COMMENT CITATION: Criminal Appeal No. 510 of 2021 [Arising Out of SLP (Criminal) No. 1796/2021]. DATE OF THE CASE: May 12, 2021. BENCH/JUDGE: Justice Uday Umesh Lalit & K.M. Joseph. STATUTES/PROVISIONS INVOLVED: The Code of Criminal Procedure, 1973. _______________________________________________________________ FACTS OF THE CASE SECTIONS INVOLVED ISSUES RAISED CONTENTION Arguments from the side of the petitioner: …

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PREM SHANKAR SHUKLA Vs. DELHI ADMINISTRATION

INTRODUCTION  The case of Prem Shankar Shukla v. Delhi Administration serves as a significant judicial examination of the balance between state security measures and the protection of individual fundamental rights in India. The petitioner, Shri Prem Shankar Shukla, challenged the practice of handcuffing prisoners during transit between the jail and the court, arguing that it …

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M.K. Ranjitsinh & Ors. vs. Union of India & Ors.2024

INTRODUCTION SIGNIFICANCE OF THE CASE This specific case of M.K. Ranjitsinh & Ors. vs. Union of India & Ors. is a landmark judgmentin the Indian environmental law. The Supreme Court’s judgment in this provided the importancethat wildlife conservation and how the protection of endangered species is of greatacknowledgement. India is home to many flora and …

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Rajesh @ Sarkari & Anr. V. State of Haryana (2020)

Details Court – Supreme Court of India Bench-Justice Dr D.Y. Chandrachud, Justice Indu Malhotra, and Justice Indira Banerjee Petitioners – Rajesh @ Sarkari & Anr. Respondents – State of Haryana Judgment Date – November 03, 2020 Introduction  The ruling of this case is quite significant. The matter sets a precedent for both the evidentiary and …

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Case Commentary Appellant: Charan Singh @ Charanjit Singh Respondent:State of Uttrakhand

Dated: 20th April, 2023  Court : The Supreme Court of India  Bench :  Justices Abhay S. Oka and Rajesh Bindal  Facts of the case  In this case appellant and the deceased got married in the year 1993, the deceased was residing. On 24.6.1995 deceased father Pratap Singh filed a complaint with P.S Jaspur stating that …

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Case Commentary: Nabi Alam @ Abbas vs State (Govt of NCT of Delhi)

INTRODUCTION The present matter, Nabi Alam v. State (Govt. of NCT of Delhi) was referred to the Division Bench of the High Court of Delhi by the Single Bench of Justice Suresh Kumar Kaith, to resolve the conflict because of two different judgments made on the Similar provisions of Narcotic Drugs and Psychotropic Substances Act, …

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Table of Contents ABSTRACT ………………………………………………………………………………………………………….2 INTRODUCTION ………………………………………………………………………………………………….2 FACTS OF THE CASE…………………………………………………………………………………………3 ISSUES RAISED IN THE CASE…………………………………………………………..4 CONTENTION…………………………………………………………………………………………………..6 RATIONALE………………… ………………………………………………………………………………..7 DEFECTS SEEN IN THE CASE ………………………………………………………………………………7 INFERENCE…………………………………. …………………………………………………………..9 REFERENCES………………………………………………………………………………9 ABSTRACT “Right to health has found its apt place as an ingredient of the sacrosanct and topmost right to life in the scheme of fundamental rights within …

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Alla Baksh Patel v. State of Karnataka, CRIMINAL PETITION NO. 1995 OF 2022, decided on 04-06-2024

Karnataka High Court denies request to dismiss FIR for causing offense to a woman’s modesty by writing her phone number on a toilet wall. I. Advocates who appeared in this case: For petitioner- Tejas N., Advocate  For respondents- B. N. Jagadeesh, Addl. Spp For R1; R Gopala Krishnan, Advocate For R2. II. Judge(s): Hon’ble Mr. …

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SUPREME COURT OF INDIA Manoharan vs State By Inspector of Police AIR 2019

Date of Judgement 7th November 2019 Petitioner Manoharan Respondents State by inspector Police Variety Hall Police Station, Coimbatore Bench Fali Nariman, Sanjiv Khanna and Surya Kant 1.Facts of the case 2.Issues 3.Analysis  3.1 Contentions of the petitioner Firstly, the petitioner contended that whatever confessional statement was given by him was not voluntary at all in …

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COX V. TEXAS (2023)

FACTS Kate Cox, a 31-year-old Texas woman who is blessed with two children had filed a lawsuit against the state of Texas. She has asked the court to declare that she had a right to abortion, when she learned that her fetus of 20 weeks had a genetic condition (Edwards syndrome) which causes death of …

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CASE TITLE: BILKIS YAKUB RASOOL VERSUS UNION OF INDIA

Court No-6 Bench: HON’BLE JUSTICE B.V NAGARATHNA          HON’BLE JUSTICE UJJAL BHUYAN Item No- 08 (Crl.) No.118 Of 2003 Case details:  The petitioner of this case, Bilkis Yakub Rasool was brutally and mercilessly gang-raped namely, during the Gujrat communal riot in 2002, who was 5 months pregnant at the time of this fiendish circumstance and also …

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CASE COMMENTARY Shilpa Sailesh vs Varun Sreenivasan on 1 May, 2023

Citation-TRANSFER PETITION (CIVIL) NO. 1118 OF 2014.. Bench – The judgment was given by the constitutional bench which comprised of, Justice Sanjiv Khanna , ,Justice Vikram Nath ,Justice Jk Maheshwari Justice Sk  Kaul and Justice As Oka Jha Brief facts – The case highlighted the matter where the respondent Shipla Shailesh and the appellant Varun …

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INDIAN EX-SERVICEMEN MOVEMENT V. UNION OF INDIA   2023 INSC 219

FACTS  On June 9, 2016, the Indian Ex-Servicemen Movement—an “All India Federation of Ex-Servicemen’s organizations”—as well as individual veterans of the Indian Army, Navy, and Air Force filed a petition under Article 32 of the Constitution with the Supreme Court to challenge the “One Rank One Pension policy” (OROP) for former members of the Defense …

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CASE COMMENT: SHRI MARTHANDA VARMA (D) TH. LR. VS STATE OF KERALA (2020)

CITATION Civil Appeal No. 2732 of 2020 DATE OF THE JUDGMENT July 13, 2020 BENCH  2-Judges Bench comprising Justice Uday Umesh Lalit & Justice Indu Malhotra BACKGROUND FACTS ISSUES RAISED CONTENTIONS JUDGEMENT (RATIONALE) Thus; the Hon’ble Supreme Court overruled the judgment of the Kerala High Court & decided the case, in favour of the Royal …

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Entry of women into Sabarimala Temple: Kantaru Rajeevaru Vs. Indian Young Lawyer Association

Bench- Chief Justice of India (the then CJI) Ranjan Gogoi and members Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra Background of the Case The Sabarimala Temple[1] in Kerala, dedicated to Lord Ayyappa,[2] historically prohibited women of menstruating age (10-50 years) from going in the temple due to the belief that menstruating females are …

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CRIMINAL JUSTICE

ABSTRACT The criminal justice system provides the mean, or framework, for enforcing laws, adjudicating criminal offenses, and protecting public safety. This article is the first to provide a comprehensive review of the many aspects of the justice system, including police prosecution and corrections, with the primary focus on systemic barriers and reforms. Zeroed in on …

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Birla Corporation Ltd. v Adventz investments and Holdings Ltd, 2019

FACTS The given appeal arose from the judgement delivered by the High Court of Calcutta in 2015, in which the court quashed the complaint of the Appellant under Sections 379, 403 and 411 of the IPC. Furthermore, the appeals arise from a criminal complaint filed by the Appellant company, now under the control of Respondent …

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Case Comment: Govt. of NCT of Delhi vs. Union of India (2023)

Background 1. Facts 2. Issues Raised 3. Contentions Contentions of Appellant (Delhi Government): The appellants, the Government of NCT of Delhi, contended that the elected government should have substantial control over the administrative and legislative affairs of Delhi, barring the explicitly reserved domains of land, police, and public order. They argued that under Article 239AA …

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

FACTS: The appellant, a 25-year-old unmarried Manipur permanent resident, became pregnant after embarking on a consensual relationship. Because “her partner had refused to marry her at the last stage,”[1] she wanted an abortion. She had a negative outlook on the stigma and harassment that come with being an unmarried single parent in society, particularly for …

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VIKASH KUMAR VS UNION PUBLIC SERVICE AND ORS.

Respondents:   Union Public Service Commission and ORS. Appellant:  Vikash Kumar Facts of the Case: Issues: Contention: Vikash Kumar Vikash Kumar’s arguments emphasised on the definition of disability and its inclusivity. He argued that dysgraphia falls under the definition of a disability under the act. He highlighted that act’s definition covers a variety of disabilities …

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CASE COMMENT: Shailendra Mani Tripathi v. Union of India and Ors.

Date of the judgment: February 24, 2023  Citation: Writ petition (civil) No. 172/2023 Petitioner: Adv. Vishal Tiwari, AOR. Abhigya Kushwaha, Adv. Sunita Yadav, Adv. Shailendra Mani Tripathi, Adv. Rahul Kumar, Adv. Manisha, Adv. Upendra Mani Tripathi, Adv. Aakar Shrivastav, Adv. Abhishek Jaiswal, Adv. Rajvardhan Singh.       Respondent: Union of India and Ors. Bench: Hon’ble Chief Justice …

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CASE COMMENTARY The Secretary, Ministry of Defence V. Babita Puniya & Ors(2020) 7 SCC 469

Civil Appeal Nos: 9367-9369 of 2011  Hon,ble Supreme Court of India Bench: Dr. DY Chandrachud (CJI), and Justice Hemant Gupta FACTS: In 1992, the Central Government issued a notification that permitted females to be appointed to certain selective cadres of the army, such as Short Service Commissions (SSC), Regiment of Artillery, Intelligence Corps, Army Service …

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Birla Corporation Ltd. v Adventz investments and Holdings Ltd, 2019

FACTS The given appeal arose from the judgement delivered by the High Court of Calcutta in 2015, in which the court quashed the complaint of the Appellant under Sections 379, 403 and 411 of the IPC. Furthermore, the appeals arise from a criminal complaint filed by the Appellant company, now under the control of Respondent …

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CASE COMMENTARY SATVINDER SINGH SALUJA AND OTHERS V STATE OF BIHAR, AIR (2019) 7 SCC 89

APPELLANTS: Satvinder Singh Saluja and Others RESPONDENT: State of Bihar BENCH/JUDGE: K Joseph and A Bhushan DATE OF JUDGEMENT: 01 /07/2019 LEGAL PROVISIONS: Constitution of India, Bihar Excise (Amendment) Act, 2016, Bihar Prohibition and Excise Act, 2016. INTRODUCTION The case is an appeal filed by the appellants (accused), before the decision of Hon’ble Supreme Court of India against the Patna …

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Revanasiddappa v. Mallikarjun, 2023 SCC OnLine SC 1087

INTRODUCTION: Revanasiddappa v. Mallikarjun is a landmark decided by the Supreme Court of India on the interpretation of Section 16 of the Hindu Marriage Act, 1955 (HMA) and what it means for the right to inherit and legitimacy of children born from void or voidable marriages.Importance: This case is important because it addresses the rights of …

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CASE COMMENT: Shailendra Mani Tripathi v. Union of India and Ors.

Date of the judgment: February 24, 2023   Citation: Writ petition (civil) No. 172/2023 Petitioner: Adv. Vishal Tiwari, AOR. Abhigya Kushwaha, Adv. Sunita Yadav, Adv. Shailendra Mani Tripathi, Adv. Rahul Kumar, Adv. Manisha, Adv. Upendra Mani Tripathi, Adv. Aakar Shrivastav, Adv. Abhishek Jaiswal, Adv. Rajvardhan Singh.        Respondent: Union of India and Ors. Bench: Hon’ble Chief Justice …

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SATENDER KUMAR ANTIL Vs CBI AND ANR:ANALYZING THE JUDICIAL PANORAMA  OF BAIL IN INDIA

INTRODUCTION  A stringent course of action curtails the liberty of a person, Arrest is no way exception to that. The notion of Bail is the quintessence of this case. The case was approached to the Supreme Court via Special Leave Petition. One of the spotlit in this case was the Guidelines issued for Investigation team …

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