Case Comment

The State of Tamil Nadu V/S The Governor of Tamil Nadu & Anr.

Facts of the caseThis case involves a complex constitutional dispute between the Governor of Tamil Nadu and the state over legislative and administrative matters.Between January 2020 and April 2023, the Tamil Nadu Legislature passed 12 bills. These bills were sent to the Governor for approval as per the provisions under Article 200 of the Constitution. …

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CASE COMMENT National Restaurant Association of India & ORS v. Union of India & ANR 

National Restaurant Association of India & ORS v. Union of India & ANR  SUBMITTED BY SONAM KUMARI Course- “BBA.LLB” BATCH-2024-29 SYMBIOSIS LAW SCHOOL, NOIDA SYMBIOSIS INTERNATIONAL DEEMED UNIVERSITY Introduction  The “Consumer Protection Act, 1986” was enacted to provide for better protection of the interest of the consumers. In this regard, provision was made for the …

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GLAS Trust Company LLC v. Byju Raveendran & Ors.

Introduction GLAS Trust Company LLC v. Byju Raveendran & Ors. is an influential ruling in the Indian insolvency law that has raised issues with regard to creditors’ rights, corporate responsibility, and judicial independence under insolvency proceedings. This case is an account of intricate financial disputes involving Byju’s, creditors, and other concerned parties, ultimately leading to …

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SUPRIYO@SUPRIYA CHAKRABORTY & Anr . v. UNION OF INDIA (2023)

FACTS OF THE CASE: On November 14, 2022, same-sex couples submitted two petitions to have same-sex marriages recognized legally in India. These petitions cited certain clauses from the Special Marriage Act of 1954 and its ensuing legality. The two petitions were submitted by Supriyo Chakraborty and Abhay Dang in the first instance and Parth Phiroze …

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X vs. The Principal Secretary, Health and Family Department, Govt. of NCT and Anr.

Introduction: The case of X vs. The Principal Secretary, Health and Family Department, Govt. of NCT and another is a landmark case in the field of abortion laws. This particular case extended the permission given for the abortion of a fetus over the gestational age of 24 weeks to unmarried women as well. The matter …

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CASE COMMENT ON Janhit Abhiyan v. State of Maharashtra

FACTS OF THE CASE The Parliament of India adopted the 103rd Constitutional Amendment Act, 2019, incorporating Articles 15(6) and 16(6) into the Constitution. Economically Weaker Sections (EWS) of the general category, or those not covered by the current reservations for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC), were given 10% reservation …

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Case Comment – Supriyo @ Supriya Chakraborty & Anr. v. Union of India

Facts The case of Supriyo @ Supriya Chakraborty & Anr. v. Union of India is pivotal for same-sex marriage legalization in India. The petitioners submitted a writ petition to the Supreme Court on November 14, 2022. Their argument centered on the claim that the Special Marriage Act of 1954 infringed upon their fundamental rights by …

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CASE COMMENT: K. S. Puttaswamy (Retd.) v. Union of India (2019)

Citation: K. S. Puttaswamy (Retd.) v. Union of India, (2019) 1 SCC 1 1. FACTS  The case of K. S. Puttaswamy (Retd.) v. Union of India revolves around the constitutional validity of the Aadhaar scheme introduced by the Government of India. The petitioners, led by Justice K. S. Puttaswamy (Retd.), challenged the Aadhaar Act, 2016, …

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Case Commentary: A (Mother of X) v State of Maharashtra & Anr,

                  A (Mother of X) v State of Maharashtra & Anr,  [2024] 5 S.C.R.470 Appellant – A (Mother of X)  Respondent – State of Maharashtra  Court – Supreme Court of India  Bench – Honble Dr. Justice D.Y. Chandrachud  Introduction Abortion a fundamental right which even though legalized still faces backlash due to moral and societal stigma. …

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Anjali Bharadwaj v. Union of India (2019)

Introduction The Right to Information Act, 2005 (RTI Act) stands as a watershed legislation in India’s democratic journey, empowering the citizens to seek information from public authorities and thereby enhancing transparency and accountability in governance. At the heart of this legislative framework lies the Information Commissions both at the central and state levels which serve …

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CASE COMMENT The State of Gujarat v. H.B. Kapadia Education Trust and Anr (2023) 

The State of Gujarat v. H.B. Kapadia Education Trust and Anr (2023)  Appellant(s): The State of Gujarat and Ors.  Respondent(s): H.B.Kapadia Education Trust and Anr.  Civil Appeal No(s): 2837/2022  Judgment Date:21-02-2023  Court:Supreme Court of India  Bench:Justice Dinesh Maheshwari and Justice Bela M Trivedi  FACTS  The first respondent, a Jain Minority Institution, operated a government-supported school …

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Bridging the Gap: Cybercrime Awareness and Cyber Law Education Across the Globe

Abstract: The billions of internet users and their data combinedly makes a large community called Cyberspace. Cybercrime and cyberlaw play an important role in the digital economy. Cybercrime is one of the fastest emerging crimes in the digital world. The danger level of Cybercrime is very high and it has become a world threat.  As …

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CASE COMMENT IN RE SECTION 6A OF THE CITIZENSHIP ACT, 1955, 2024 INSC 789

IN RE SECTION 6A OF THE CITIZENSHIP ACT, 1955, 2024 INSC 789 This case addresses the constitutional validity of Section 6A of the Citizenship Act, 1955, which was inserted in 1985 to implement the Assam Accord. The provision granted Indian citizenship to certain categories of migrants from Bangladesh who entered Assam before March 25, 1971. …

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CASE: URMILA DIXIT VS. SUNIL SHARAN DIXIT AND OTHERS

FACTS:  The case of Urmila Dixit vs. Sunil Sharan Dixit and Others is a milestone judicial discourse on the rights of senior citizens in India, particularly under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.  The case explains the complexities of family obligations, property transfer, and the legal protection of elderly individuals. The facts of the case starts with Urmila …

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ANBAZHAGAN v/s THE STATE REP. BY THE INSPECTOR OF POLICE (2023)

PARTIES: TYPE OF CASE: Appellant: ANBAZHAGAN Respondents: THE STATE REP. BY THE INSPECTOR OF POLICE.CRIMINAL APPEAL NO. 2043 OF 2023  (Arising out of S.L.P. (Criminal) No. 9289 of 2019) COURT: THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION DATE: Jul 20, 2023 BENCH: HON’BLE J. B.R. GAVAIHON’BLE J. J.B. PARDIWALAHON’BLE J. PRASHANT KUMAR MISHRA ADVOCATES ON BEHALF: …

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Case Commentary: Just Right for Children Alliance & Anr v. S Harish and Ors. (2024)

Introduction  Name of the case: Just Right for Children Alliance & Anr v. Harish and Ors.  Citations: 2024 INSC 716 Court: Supreme Court of India  Decided on: 23 September, 2024 Bench: Chief Justice D.Y.  Chandrachud, J. J.B. Pardiwala  Facts The criminal proceeding originated from incidents involving the accused allegedly engaging in viewing Child Exploitation and …

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Case Commentary: Shahid Azmi v. Union of India (2021)

Facts In this case, Shahid Azmi who was a professional lawyer  was arrested and detained by the police under the Unlawful Activities (Prevention) Act (UAPA) in 2019 for allegedly carrying out a multitude of terrorist activities. He had been accused of having links with some extremist organization and was purportedly charged with conspiracy as well …

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CASE COMMENT: Central Organisation for Railway Electrification Vs. ECI SPIC SMO MCML (JV) A Joint Venture Company (2024)

Supreme Court Holding: “The principle of equal treatment of parties applies at all stages of arbitration proceedings, including the stage of appointment of arbitrators.”  Citation: 2024 INSC 857 Bench: 5 Judge Constitution Bench Judges: D.Y. Chandrachud CJI, P.S. Narasimha J, Hrishikesh Roy J, Manoj Misra J, J.B. Pardiwala J Judgment date: 08.11.2024 Keywords: Arbitration, Arbitrator, Unilateral …

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CASE COMMENT ON: A (Mother of X) v. State of Maharashtra & Anr (2024) INSC 371.

FACTS The petitioner in this case was the mother of a 14-year-old girl, referred to as ‘X,’ who became pregnant as a result of rape. The case came to light when the girl’s pregnancy had advanced to 25 weeks and 5 days, thus surpassing the 24-week upper limit stipulated under the Medical Termination of Pregnancy …

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CASE COMMENT: URMILA DIXIT V. SUNIL SHARAN DIXIT

CASE NAME- URMILA DIXIT V. SUNIL SHARAN DIXIT Appellant: Urmila Dixit Respondent: Sunil Sharan Dixit and Ors Date-02-01-2025 Court: Supreme Court of India Bench: Justice Sanjay Karol and Justice Chudalayil T. Ravikumar  Citation: Civil Appeal No. 10927 OF 2024 Introduction The case of Urmila Dixit v. Sunil Sharan Dixit (2025 INSC 20) presents important issues …

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Case Commentary The case of Aligarh Muslim University v. Naresh Agarwal & Ors. (2024)

The case of Aligarh Muslim University v. Naresh Agarwal & Ors. (2024) Facts of the Case The Aligarh Muslim University v. Naresh Agarwal & Ors. (2024) is a notable court fight involving the minority status of Aligarh Muslim University (AMU) and its right to give reservations to Muslim students. The case traces its roots in …

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TASK 2: CASE COMMENTARY  The Case of Manoharan vs State by Inspector of Police (2020)

 The Case of Manoharan vs State by Inspector of Police (2020) FACTS OF THE CASE: ISSUES RAISED: CONTENSIONS BY THE PARTIES: Petitioner: For a number of reasons, the petitioner disputed his conviction and death penalty. Respondent: RATIONALE: The rationale behind the court’s decision in Manoharan v. State of inspector of police rests on the careful …

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Case Summary on the Abrogation of Article 370 (December 11, 2023)

CASE NAME – “In Re: Article 370 of the Constitution” COURT – SUPREME COURT OF INDIA DECIDED – 11th DECEMBER, 2023 APPEALED FROM – DIRECT PETITIONS TO SUPREME COURT JUDGES – D.Y. Chandrachud (CJI), Sanjay Kishan Kaul, Sanjiv Khanna, B.R. Gavai, Surya Kant CITATION – WRIT PETITION (CIVIL) NO. 1099 OF 2019 (along with several …

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CASE COMMENTRAY- N.N. Global Mercantile Pvt. Ltd. Vs. Indo Unique Flame Ltd. and Ors.

N.N. Global Mercantile Pvt. Ltd. Vs. Indo Unique Flame Ltd. and Ors. (2021) INTRODUCTION Judges: D.Y. Chandrachud CJI, S.K. Kaul J, Sanjiv Khanna CJI, B.R. Gavai J, Surya Kant J, J.B. Pardiwala J, Manoj Misra J.  Ltd. Vs. Indo Unique Flame Ltd. And ors. was a landmark case on pro-arbitration jurisprudence in India. The judgment …

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Case Comment DHANRAJ ASWANI VS. AMAR S. MULCHANDANI (2024 INSC 669)

The Amicus Qriae  Durgapur, WB, India  Email: theamikusqriae@gmail.com *** Case: DHANRAJ ASWANI VS. AMAR S. MULCHANDANI (2024 INSC 669) Date: 09th Sep, 2024 Court: The Supreme Court of India  Criminal Appeal No. 2501 of 2024 Hon’ble Judge(s) :- Dr. Dhananjaya Y. Chandrachud, (CJI), J.B Pardiwala, and Manoj Misra, JJ. Introduction The supreme court of India’s …

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CASE COMMENTARY ON DR. SHAH FAESAL AND ORS. V. UNION OF INDIA AND ANR.

NAME OF THE CASE: DR. SHAH FAESAL AND ORS V. UNION OF INDIA AND ANR. CITATION: AIR 2020 SUPREME COURT 3601, AIRONLINE 2020 SC 269, AIRONLINE 2020 SC 933 DECIDED DATE: 2nd MARCH 2020 PETITIONER: DR. SHAH FAESAL AND ORS RESPOMDENT: UNION OF INDIA AND ANR. BENCH/JUDGES: Justice Surya Kant, Justice B.R. Gavai, Justice R. …

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Municipal Corporation of Greater Mumbai Vs. Ankita Sinha and Ors.

Facts An article published on The Quint, titled “Garbage Gangs of Deonar: The Kingpins and Their Multi-Crore Trade” reported the adverse impact of mismanagement of solid waste on public health and lives of residents living around the dump yard in Mumbai. The article also highlighted the negative toll this mismanagement is taking on the overall …

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DEEPIKA SINGH VS. CENTRAL ADMINISTRATIVE TRIBUNAL AND  ORS.  

INTRODUCTION  The following case is a landmark decision by the Supreme Court of India. It addresses the  issue of maternity leave and also interprets and expands the traditional understanding of a  family under Indian law. This commentary will delve into the facts, issues raised, contentions,  rationale, defects of laws, and the court’s interference in this …

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CASE TITLE: JANHIT ABHIYAN V. UNION OF INDIA

(WRIT PETITION(CIVIL) NO. 55 OF 2019) FACTS: In this case, on January 9, 2019, the parliament of India introduced amendments to the constitutional articles 151 and 161. It incorporated articles 15(6)2 and 16(6)2 to provide reservations for the economically weaker sections (EWS) in educational institutions and job and employment opportunities. This constitutional amendment was named …

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Case Commentary – Mohammed Rahim Ali @ Abdur Rahim v. State of Assam (2024)

Facts Issues raised Contentions APPELLANT – Mohammed Rahim Ali @ Abdur Rahim The Appellant has contended that the past two rulings of the Foreigner’s Tribunal at Nalbari and the High Court at Guwahati which have declared him to be a foreigner to be arbitrary and totally perverse as there is overwhelming evidence in his submissions …

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Case: Association for democratic reforms & Anrs v. U.O.I & Ors 

Facts An application seeking stay on the sale of electoral bond under the Electoral Bond Scheme 2018. Another application seeking an interim direction to the Union of India not to open any further window for sale of electoral bonds.  The specific disclosures demanded as the scheme allowed the leaders of political parties to maintain anonymity. …

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Association For Democratics Reforms vs Union Of India (2024)

Citation: 2024 INSC 113 Bench: Hon’ble Chief Justice of India Dr. D.Y. Chandrachud, Hon’ble Justice Sanjiv Khanna, Hon’ble Justice B.R. Gavai , Hon’ble Justice J.B. Pardiwala , Hon’ble Justice Manoj Misra Facts:- The case of Association for Democratic Reforms and Another v. Union of India and others revolved around the constitutional validity of the Electoral …

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Case Comment on Mohd. Salim v. Shamsudeen, (2019) 4 SCC 130

1. Facts The case of Mohd. Salim v. Shamsudeen presents a nuanced intersection between Islamic personal law, evidentiary standards, and constitutional morality. The dispute arose over inheritance rights, with the plaintiff, Shamsudeen, claiming succession to his late father, Mohammed Ilias’ property. The fundamental question before the court was the legitimacy of a child born out …

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CASE COMMENT ON VINIT KUMAR V. CENTRAL BEREAU OF INVESTIGATION

FACTS:   Vinit Kumar was accused of bribing public officials to secure certain credit related favours. Thus, he was under investigation of the Central Bureau of Investigation under the Ministry of Home affairs. The CBI filed a FIR in June 2023 and began with a criminal investigation into the same matter.  Under the Indian Telegraph Act, …

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Delhi Airport Metro Express Pvt. Ltd. vs Delhi Metro Rail Corporation Ltd

Introduction The case of Delhi Airport Metro Express Pvt. Ltd. vs Delhi Metro Rail Corporation Ltd. is a landmark judgment concerning contractual disputes and arbitration in public-private partnerships. The case primarily deals with the interpretation of contractual terms, the role of arbitration in resolving commercial disputes, and the scope of judicial intervention in arbitral awards. …

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Alternate Dispute Resolution vs. Traditional Litigation: Comparative Analysis

Dispute resolution is an important element of any judicial system, promoting justice and fairness to warring parties. The comparative analysis of Alternate Dispute Resolution (ADR) and traditional litigation is the focus of this paper, which examines their effectiveness, cost, procedural complexity, confidentiality, and enforceability. Although litigation is the pillar of judicial dispute resolution, it has …

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State of Uttar Pradesh v. M/S. Lalta Prasad Vaish and Sons (2024)

Facts: – The case revolves around UTTAR Pradesh authority to regulate industrial alcohol and store license fees for its production and distribution. The dispute stems from the constitutional division of powers between trade unions and state governments regarding alcohol regulation. Background Introduction of license fees (1999): UTTAR Pradesh has imposed a license fee for specially …

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CASE COMMENT Case: Supriyo @ Supriya Chakraborty & Anr. Vs Union of India

Citation: Writ petition (civil) No. 1011 of 2022 Court: Supreme Court Date of Judgement: October 17, 2023 Petitioners: Supriyo @ Supriya Chakraborty and Anr. Respondent: Union of India Bench: CJI D.Y Chandrachud, J.S.K Kaul, J. Ravindra Bhat, J. Hima Kohli and J.P.S Narasimha. FACTS A big consequential case was filed by two same sex couple, …

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CASE COMMENTARY: SHAH FAESAL VS UNION OF INDIA ON 2 MARCH, 2020

FACTS OF THE CASE ISSUES RAISED BEFORE THE COURT CONTENTIONS Arguments from the Petitioner’s Side: Arguments from the Respondent’s Side RATIONALE The High Court of Jammu and Kashmir, where the case was originally tried, upheld the detention order as legal. The court’s argument was that the authorities had given adequate reasons for the detention and …

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CASE ANALYSIS: BILKIS YAKUB RASOOL VS. UNION OF INDIA & OTHERS

Facts Case Bilkis Yakub Rasool vs. The India Union was heard at the Supreme Court in India on January 8, 2024 as part of the criminal original jurisdiction. The petitioner, Bilkis Yakub Rasool, challenged the waiver of the penalties awarded by eleven convicts involved in the Gujarat Unrest. Background of the Case: • Following the …

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CASE  LAW: REVANASIDDAPPA&ANR. V. MALLIKARJUN& ORS. (1 SEPTEMBER 2023)

⸋BENCH: D.Y. CHANDRACHUD; CJI., J.B. PARDIWALA; J., MANOJ MISRA; J. ⸋EQUIVALENT CITATIONS: ●2011JUDGEMENT:[MANU/SC/0299/2011] [2011(2) KLT 176] [2011 GLH (1) 757] [2011 (I)NCLR (SC) 976] ●2023JUDGEMENT:[MANU/SC/0956/2023] [(2023) 10 SCC 1] [2023 GLH (3) 757] [2023 (4) CCC 64] ⸋PROVISIONS AND STATUES INVOLVED: SECTION 11,12 AND 16 OF THE HINDU MARRIAGE ACT,1955; SECTION 6 OF THE HINDU …

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Engineering Analysis Centre for Excellence Pvt. Ltd. v. Commissioner of Income Tax, Supreme Court

LL 2021 SC 124 INTRODUCTION  The case was decided by the Supreme Court of India on 2nd of March in the year 2021. The Appellant in this case is The Engineering Analysis Centre of Excellence Private Ltd and the Respondent is The Commissioner of Income Tax. The Judges were Justice. R.F.Nariman, Justice Hemant Gupta and …

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CASE COMMENT: CENTRAL ORGANISATION FOR RAILWAY ELECTRIFICATION v. M/S ECI SPIC SMO MCML (JV) A JOINT VENTURE COMPANY (2019) – IN THE SUPREME COURT OF INDIA

1. FACTS The case of Central Organisation for Railway Electrification v. M/S ECI SPIC SMO MCML (JV) A Joint Venture Company revolves around a contractual dispute between the appellant, a government organization responsible for railway electrification, and the respondent, a joint venture company engaged in executing the awarded contract. The dispute arose out of disagreements …

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CASE ANALYSIS  KEDARNATH NATH SINGH VS STATE OF BIHAR 

This landmark case/case law deals with fundamental right to speech from Article 19(1)(a)1 which guarantees freedom of speech to all citizens residing in India which is the understructure of our democracy. It’s the first fundamental right under Article 19(1)(a) which empowers citizens or people to speak freely and to express their opinions on any basis …

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                                                      CASE COMMENT Case: Arnab Goswami v. State of Maharashtra, (2020) 17 SCC 1

1. FACTS  Arnab Goswami, the editor-in-chief of Republic TV, found himself at the center of a legal storm following his arrest by the Maharashtra Police on November 4, 2020. The arrest stemmed from a 2018 abetment to suicide case involving interior designer Anvay Naik and his mother, Kumud Naik. In their suicide note, the Naiks …

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Property Owners Association v. State of Maharashtra, 2024 INSC 835

FACTS In 1991, the Property Owners’ Association (POA), which consisted of more than 20,000 landowners in Mumbai, challenged 1986 amendments to the Maharashtra Housing and Area Development Act, 1976 (MHADA). The amendments had given the power to the Mumbai Building Repair and Reconstruction Board (MBRRB) to acquire “cessed” buildings which were in disrepair for repairs and reconstruction, provided 70% of the occupants agreed. The POA argued that these provisions gave the MBRRB undue powers to take over private residential complexes by force, encroaching on the rights of property owners. The legal fight lasted more than three decades, ending with a final judgment by the …

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CASE COMMENT: JUST RIGHTS FOR CHILDREN ALLIANCE & ANR. V. S. HARISH & ORS.

Citation: 2024 INSC 716 Bench: CJI Justice D.Y. Chandrachud, Justice J.B. Pardiwala. FACTS Police were informed on January 29, 2020, that S. Harish, the respondent, was ingesting CESAM, or under the POCSO Act, child pornography. The inquiry found that Harish had downloaded content to his phone that showed kids engaging in sexual activity. Then, per …

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CASE ANALYSIS – KALPRAJ DHARAMSHI VS KOTAK INVESTMENT ADVISORS LTD. (2021)

CITATION Kalpraj Dharamshi v. Kotak Investment Advisors Ltd. (2021) SCC OnLine SC 204 FACTS OF THE CASE This case arose from the Insolvency and Bankruptcy Code, 2016 (IBC) proceedings, specifically focusing on the resolution process of Ricoh India Ltd., a company facing insolvency under the IBC. Ricoh India Ltd. was admitted for corporate insolvency resolution …

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CASE COMMENT FRANK VITUS V/S NARCOTICS CONTROL BUREAU & ORS Supreme Court of India ( 2024 INSC 479 )

Name of Parties     : Appellant       –     Frank Vitus          : Respondents  – 1. Narcotics Control Bureau             2. Union of India  Nature of Case      : Criminal Appeal  Case Number        : Crl. A. No. 2814/2024 Bench                     : Hon’ble …

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Aligarh Muslim University & Ors. v. Naresh Agarwal & Ors. (2024 SC 3213)

By: G. Harini 4th Year B.A.L.L.B., Government Law College, Theni. Introduction The case of Aligarh Muslim University & Ors. v. Naresh Agarwal & Ors. (2024) is a landmark judgment by the Supreme Court of India, addressing Aligarh Muslim University’s (AMU) minority status. The core question before the Court was whether AMU, which was formally established …

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Prithviraj Chauhan v. Union of India (2020)

FACTS OF THE CASE Prithviraj Chauhan v. Union of India (2020) was the case that raised questions about the constitutionality of Section 18-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, as introduced through the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018. The said amendment was designed …

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CASE COMMENT : PRATHVI RAJ CHAUHAN VS UNION OF INDIA AND OTHERS

CASE NAME – PRATHVI RAJ CHAUHAN VS UNION OF INDIA AND OTHERS Appellant : Prathvi Raj Chauhan Respondent: Union of India and others Date of Judgement: 10 February,2020 Court: Supreme Court of India Bench: Justice Arun Mishra, Justice Vineet Saran, Justice S. Ravindra Bhat Citation: Writ Petition (C) NO.1015 of 2018 The case of Prathvi …

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Case Commentary: Probhat Purkait @ Provat vs. The State of West Bengal (2023)

1. Introduction:The case of Probhat Purkait @ Provat vs. The State of West Bengal (2023) brings to light significant legal questions regarding the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and the Indian Penal Code (IPC). This case is particularly crucial in understanding how Indian courts interpret statutory provisions concerning adolescent consensual …

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