Case Comment

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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CASE COMMENT ROHIT CHOUDHARY & ANR. V. M/S. VIPUL LTD.

Civil Appeal Case No.- 5858 of 2015 Appellant- Rohit Choudhary & ANR Respondent- Vipul Ltd. Judges- Hon’ble Judges Aarvind Kumar and S. Ravindra Bhat Order Date- 06/09/2023 Facts Issues Raised Contention Appellant’s Contention The Appellants were represented by Learned Counsel Shri Digendra Sharma, Niharika Dubey, Mr. Anubhav Bhandari, and Mr. Ajay Kumar Singh. The Counsel …

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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 in Kerala, dedicated to Lord Ayyappa, has traditionally barred women between the ages of 10 and 50 from entering, based on the belief that menstruating women are …

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CASE DETAILS Case Name: Vivek Narayan Sharma v Union of India

Case Number: WP (C) 906/2016 Petitioners: Vivek Narayan Sharma Respondent: Union of India FACTS On November 8, 2016, Prime Minister Narendra Modi made a startling announcement that shook the nation: Rs. 500 and Rs. 1000 currency notes, which made up Rs. 15.44 lakh crore or 86.9% of the total currency in circulation, were declared invalid and would …

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CASE COMMENT  Travancore Devasom Board vs Ayyappa Spices & Ors

Petitioner: Travancore Devasom Board Respondents: Ayappa Spices & Ors  Citation: [2024] 3 S.C.R. 363 2024 INSC 183 The case was first filed in the Kerala High Court, then an appeal was submitted in the Honourable Supreme Court. It deals with the issues of procurement of cardamom and quality control. Cardamom is used to prepare Aravana …

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IN THE SUPREME COURT OF INDIA Priya Indoria v/s State of Karnataka

CRIMINAL APPELLATE JURISDICTION INTRODUCTION: Transitory anticipatory bail is incorporated as a safeguard under Section 438 of the Code of Criminal Procedure, 1973, despite the latter’s main focus being centred upon the granting of mere “anticipatory bail,” a rather expansive form of protection. Prior to 1973, courts determined judgments about the granting of anticipatory bail as …

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X v. Principal Secretary, Health and Family Welfare, Govt of NCT Delhi

(Civil Appeal No 5802 of 2022) (Arising out of Special Leave Petition (Civil) No. 12612 of 2022) FACTS: In the pertaining matter, the appellant, a 25-year-old woman from Manipur and a graduate with a BA degree residing in Delhi, comes from a farming background and is the eldest of five siblings. The current issue involves …

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Indian Ex Servicemen Movement vs Union of India(Writ Petition (Civil) No. 419 of 2016)2022 (3) SCJ 250 (SC) [DB]

Facts: In 1973, the third central pay commission introduced by the Indira Gandhi-led government aimed to standardize pensions for civilians and retired army personnel. This decision significantly impacted ex-servicemen’s pension scales, creating disparities. The “One Rank, One Pension” (OROP) scheme emerged as a demand for uniform pensions across retired armed forces personnel, irrespective of retirement …

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 NOEL HARPER & ORS.                                                 …PETITIONERS 

VERSUS UNION OF INDIA & ANR.                                                   …RESPONDENTS  WITH WRIT PETITION (CIVIL) NO. 634 OF 2021 AND WRIT PETITION (CIVIL) NO. 751 OF 2021 Bench:  FACTS: “National Worker Welfare Trust” (NWWT) …

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Janhit Abhiyan vs Union of India

                                    Writ Petition (Civil) no. 55 of 2019                                                2022 SCC online SC 1540 Facts: On 14th January 2019, the Government of India amended Articles 15 & Article 16 of the Indian Constitution and added clauses 15(6) and 16(6). Articles 15 and 16 of the Constitution give power to the state to make special provisions for socially …

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Common Cause v. Union of India (Electoral Bonds Scheme) 2024

Introduction:  Facts of the case:  Issues Raised: Contentions: Arguments in favour:  Arguments against:  Additionally, they contend that the program offers corporate donors, who can now give indefinitely without revealing their identities, unfair power. Important Provisions  Supreme Court’s Decision:  Relevance In the field of Law:  Establishes precedence for Campaign Finance Regulations: The ruling rendered by the …

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X v. The Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi & Anr. (2022)

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,” 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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Supriyo Chakraborty & Anr. vs. Union of India 2022

Introduction In ancient Indian society, the attitude towards homosexuality was very liberal and tolerant. The idea of same-sex relations was viewed as something completely natural and these relations were practiced openly. There was no concept of ‘shame’ in homosexuality. From ancient texts like Ramayana and Mahabharata to sculptures observed in the temples of Khajuraho, there …

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CASE COMMENTARY SHANTI CONDUCTORS PVT LTD V ASSAM STATE ELECTRICITY BOARD AND ORS. 

CASE NAME: SHANTI CONDUCTORS PVT LTD V ASSAM STATE ELECTRICITY BOARD AND ORS.  CITATION: [2019] 16 SCR 25 BENCH: HON’BLE JUSTICE DR. A. K. SIKRI, HON’BLE JUSTICE ASHOK BHUSHAN, HON’BLE JUSTICE S. ABDUL NAZEER PARTIES INVOLVED: FACTS:  1. Shanti Conductors (P) Ltd. (Appellant) The appellant is a Private Limited Company that is registered in Kokrajhar, …

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CASE COMMENT- Haji Abdul Gani Khan and Another vs Union of India and Others, 2023

FACTS The President of India on 5th and 6th August 2019 issued two Constitutional Orders under Article 370 (1) of the Constitution of which one declared all provisions of the Constitution including its amendments to be applicable to the State of Jammu and Kashmir subject to modifications to Article 367 and the other abrogated Article 370, respectively. …

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Bhim Rao Baswanth Rao Patil v. K. Madan Mohan Rao & Ors, 2023

Facts  Issue  Contentions  Plaintiff’s Arguments:  Defendant’s Arguments:  Rationale In its ruling, the Supreme Court highlighted the voter’s right to be fully informed regarding the backgrounds of electoral candidates, emphasizing transparency as essential for making informed voting decisions.  The court took into consideration two important sections of the Representation of People Act, 1951. Firstly; Section 8 …

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CASE COMMENTARY SHRIRAM CHITS (INDIA) PRIVATE LIMITED PREVIOUSLY KNOWN AS SHRIRAM CHITS (K) PVT. LTD V. RAGHACHAND ASSOCIATES

DATE OF JUDGEMENT (HONOURABLE SUPREME COURT) (CIVIL APPELLATE JURISDICTION) 10th May ,2024 BENCH– Hon’ble Justice Pamidighantam Sri Narasimha and Justice Aravind Kumar. CASE NO. Special Leave Petition (Civil) No.15290 OF 2021 FACTS OF THE CASE The given case judgement revolves around the dispute between Shriram Chits (India) Limited (‘OP’/ ‘service provider’ used interchangeably, here as …

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PRAKASHCHANDRA JOSHI V. KUNTAL PRAKASHCHANDRA JOSHI  @ KUNTAL VISANJI SHAH

Court: Supreme Court of India Bench: J. Prashant Kumar Mishra and J. B.R. Gavai Parties: Judgment Date: January 24, 2024 INTRODUCTION:  In the case of Prakashchandra Joshi v. Kuntal Prakashchandra Joshi, the supreme court of India answered one of the most important legal questions relating to marital relations. This case involves Prakashchandra Joshi and Kuntal …

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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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