Case Comment

judge, hammer, judgement

Ashwini Kumar Upadhyay v. Union of India

Court: The Supreme Court of India Suit Type: T.P.(C) 1249-1250/2020 Petitioner: Ashwini Kumar Upadhyay; Shahida Quraishi Respondent: Union of India Bench: Hon’ble Justice D.Y. Chandrachud (CJI), Hon’ble Justice P.S. Narasimha, Hon’ble Justice J.B. Pardiwala Petition Filed on: October 26th, 2020 Last Hearing: February 20th, 2023 Legal Provisions: Facts of the Case: In the case of …

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judge, court, gavel

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

——————————————————————————————————————————————- Case Brief ——————————————————————————————————————————————- The petitioner is permanent resident of Delhi, originally from Manipur. B.A graduate having 5 younger siblings and farmer parents. The petitioner had consensual relationship and conceived pregnancy of single intrauterine which came to her knowledge on June 5, 2020 having near to Twenty-Two weeks term completed. The Petitioner was looking for …

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CASE: DAV College Trust and Management Society & Ors. Vs. Director of Public Instruction

Appellants : DAV College Trust and Management Society & Ors.                                                                                                                 Respondents: Director of Public Instructions Court : Supreme Court of India Bench: Deepak Gupta , Aniruddha Bose Citation : (2019) 9 SCC 185 Date of Judgment: September 17, 2019 INTRODUCTION: Right to Information act,2005 was enacted for providing transparency to people in their social life …

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people, business, meeting

CASE: AISHAT SHIFA V. STATE OF KARNATAKA & ORS.

Court: Hon’ble Supreme Court of India Date:    October 13, 2022 Judges: Justice Hemant Gupta and Justice Sudhanshu Dhulia FACTS:   The Karnataka Education Act, 1983 passed by government of Karnataka, specifies that all student studying in schools and colleges within the state ought to conduct themselves in brotherly manner, outstrip their group identity and enlarge inclinations …

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justice, right, legal

Vineeta Sharma v. Rakesh Sharma & Ors.

Case Comment Citation(s): AIR 2020 SC 3717, (2020) 9 SCC 1 Date of the case: 11 August, 2020 Appellant: Vineeta Sharma Respondent: Rakesh Sharma & Ors. Bench/Judges: Justice Arun Mishra, Justice S. Abdul Nazeer and Justice M.R. Shah Legal Provisions: Hindu Succession Act (30 of 1956) S.6(1)(a), Proviso, Expln.1 (as                               amended by Act 39 of …

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right, advocacy, lex

Case Comment: “Vijay Madanlal Choudhary Vs Union Of India”Judgment-27th July 2022

INTRODUCTION: One can safely assume that the menace of money laundering has been prevalent ever since the origin of money, such is the nature of a crime itself. It takes its first breath as soon as society lets it. In India and almost every other country, money laundering has been responsible for plaguing the state’s …

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right, advocacy, lex

Case Comment: “Jaishri Laxmanrao Patil v Chief Minister, Maharashtra”

    Case Comment: “Jaishri Laxmanrao Patil v Chief            Minister, Maharashtra” Writ Petition ( civil) No. 3123 of 2020; LL 2021 SC 243. Introduction The Maratha Community constitutes a significant percentage of Maharashtra population and has long been demanding reservation in employment and education. The government, acknowledging their demands, provided a 16% quota in the state’s …

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right, law, attorney

CASE COMMENT: Mohd. Muslim vs State Of Uttar Pradesh

Judgment date: 15 June 2023 Citation Criminal appeal No. 1089 of 2011 Bench: V. Ramasubramanian, Pankaj Mithal MOHD.MUSLIM …………………………………………………APPELLANT STATE OF UTTAR PRADESH (NOW UTTARAKHAND) ……RESPONDENT Mr. Prafulla Kumar Behera, ……… learned advocate for APPELLANT Mr. Jatinder Kumar Bhatia, ……… learned Advocate-on-Record for RESPONDENT. Statutes & Provisions referred – Introduction: In the murder case of …

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justice, statue, lady justice

ANALYZING THE JUDICIAL APPOINTMENTS: NJAC VS. COLLEGIUM SYSTEM IN INDIA

Abstract The Indian Constitution is said to be the supreme law of the land, which enshrines the separation of power between the executive, legislature and the judiciary. The constitution of India also gives the judiciary its independence from the other two powers, executive and the legislative. It is hence considered that the judges appointment in …

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justice, law, court

MOHAMMAD SALIMULLAH AND ANR v. UNION OF INDIA AND ORS.

WRIT PETITION (CIVIL) NO.793 OF 2017 Date of Judgement: 08-04-2021 Petitioner: MOHAMMAD SALIMULLAH AND ANR. Respondent: UNION OF INDIA AND ORS. Bench: Chief Justice S.A. Bobde, Justice A.S Bopanna, and Justice V. Ramasubramanian. INTRODUCTION The rights of Rohingya refugees in India, as well as their imprisonment and probable deportation, are at the centre of the …

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libra, justice, law

Case Comment: “Skill Lotto Solutions Pvt. Ltd. V Union of India”

Writ petition (civil) no.961 of 2018 decided on December the 3rd, 2020 INTRODUCTION Throughout history, gambling has bee­n a widespread activity with roots dating back to ancient times. The earliest known evidence of gambling can be traced to China’s ancient civilization, where the first form of gaming originated. References to a wooden drawing in the …

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justice, law, symbol

INDIAN YOUNG LAWYERS ASSOCIATION V. STATE OF KERALA

Writ Petition (Civil) No. 373 of 2006[1] Petitioner: Indian Young Lawyers Association Respondent: State of Kerala Pandalam Royal Family Chief Thanthri Travancore Devaswom Board Bench: Justice Rohintan Nariman,  Justice A.N.Khanwilkar,  Justice D.Y. Chandrachud, Justice Deepak Mishra, Justice Indu Malhotra Facts 1. In 1990, a plea was submitted to the Kerala High Court seeking a prohibition …

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justice, law, court

The Chief Election Commissioner of India v. MR Vijaya Bhaskar

Freedom of the press relating to Court proceedings IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Date of the judgement: 6 May 2021 Judge: Hon’ble Justice Chandrachud and Justice M.R. Shah Facts of the case • The AIADMK candidate in the Karur Legislative Assembly constituency, who is also the district secretary, has approached the …

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Recognising Sex Work as a Profession – Budhadev Karmaskar v. State of West Bengal (2022)

Citation: Criminal Appeal No(s).135/2010 Appellate : Budhadev Karmaskar Respondent : State of West Bengal Bench/Judge : Justices L. Nageswara Rao, B.R. Gavai and A.S. Bopanna Abstract The heinous murder of a sex worker in the case of Budhadev Karmaskar v. State of West Bengal (supra) has paved a way for the struggles of sex workers …

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right, law, attorney

ARUN KUMAR AND ANOTHER V. THE INSPECTOR GENERAL OF REGISTRATION AND OTHERS

DATE OF THE CASE: 22nd April, 2019 APPELLANTS: Arun Kumar, Srija RESPONDENTS: The Inspector General of Registration, the District Registrar of Tuticorin, the Joint Registrar No. II. BENCH/JUDGES: The Honourable Mr. Justice G. R. Swaminathan LEGAL PROVISIONS: The Constitution of India, 1949 (Articles 14, 19(1)(a), 21, 25, 39(f),  226), the Hindu Marriage Act, 1955 (Section …

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justice, statue, lady justice

Indian Young Lawyers Association & Ors. v. The State of Kerala & Ors. (2018)

FACTS OF THE CASE The petitioner in this case is the Indian Young Lawyers Association, and the respondent is the State of Kerala. The case involves a clash between traditional religious practices and the constitutional rights of women. The historical background of the Indian Young Lawyers Association v. State of Kerala case can be traced …

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right, advocacy, lex

  Case Comment – State of Jharkhand V. Shailendra Kumar Rai

Court: The Supreme Court of India Criminal Appeal No. 1441 of 2022 Appellant: State of Jharkhand Respondent: Shailendra Kumar Rai Bench: Hon’ble Justice D.Y. Chandrachud and Hon’ble Justice Hima Kohli Date Decided: 31st October, 2022 Facts of the Case From the dying declaration given by the deceased victim, the facts of this case were admitted. …

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justice, law, court

Case Comment: Rafale Deal Case

Facts: Issues Raised: Contentions: Petitioner: Respondent: Rationale: Overall, the Supreme Court upheld the validity of the Rafale deal and dismissed the petitions seeking a probe into the procurement process, holding that there was no evidence of wrongdoing or irregularities in the decision-making process. The court emphasised that judicial review of a procurement decision is limited …

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libra, justice, law

      CASE COMMENT ON VINEETA SHARMA V. RAKESH SHARMA

Introduction: Women have been denied many fundamental rights like- right to education, right to equality for a long period. In ancient times, no rights of women were considered. Though the time, the society, the period, the laws has changed, there is still need of reform in validating women rights. Nowadays, the situation for women has …

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right, advocacy, lex

Anuradha Bhasin vs Union Of India (AIR 2020 SC 1308)

PETITIONER: ANURADHA BHASIN AND ORS. RESPONDENT: UNION OF INDIA AND ORS. Bench: Hon’ble Justice N.V Ramana, Hon’ble Justice R. Subhash Reddy, and Hon’ble Justice B.R. Gavai INTRODUCTION: FACTS  On August 4, 2019, all Internet communications were suspended in Jammu and Kashmir. The Government implemented a total blackout of communications, which included the suspension of landline, …

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right, advocacy, lex

JANHIT ABHIYAN V UNION OF INDIA

DATE OF THE CASE: 7th November 2022 APPELLANT: Janhit Abhiyan Akhil Bhartiya Kushwaha Mahasabha; Youth for Equality; SC/ST Agricultural Research and Education Employees Welfare Association; People’s Party of India(Democratic). RESPONDENT: Union of India; Ministry of Social Justice & Empowerment; The State of Maharashtra; Ministry of Personnel, Public Grievances, and Pensions. BENCH/ JUDGES: U.U. Lalit CJI, …

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right, advocacy, lex

 Common Cause ‘A’ Registered Society, etc Vs. Union of India (UOI) and OR’s., Etc. Writ Petition (CIVIL) No.215 of 2005

Petitioner: Common Cause ‘A’ Registered Society, etc Respondent: Union of India (UOI) and OR’s. Court: The Supreme Court of India Bench: Justice Dipak Mishra and Justice A.M Khanwilkar Decided on: 9 March 2018 Case No: Writ Petition (Civil) No. 215 of 2005 Equivalent Citations: 2014 AIR SC 1556 and 2014 SCC 5 338 FACTS OF …

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justice, right, legal

Common Cause ‘A’ Registered Society, etc Vs. Union of India (UOI) and OR’s., Etc. Writ Petition (CIVIL) No.215 of 2005

Petitioner: Common Cause ‘A’ Registered Society, etc Respondent: Union of India (UOI) and OR’s. Court: The Supreme Court of India Bench: Justice Dipak Mishra and Justice A.M Khanwilkar Decided on: 9 March 2018 Case No: Writ Petition (Civil) No. 215 of 2005 Equivalent Citations: 2014 AIR SC 1556 and 2014 SCC 5 338 FACTS OF …

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people, business, meeting

CASE: Siddaraju v. State of Karnataka & Ors.

INTRODUCTION Dr. Siddaraju, a non-KAS cadre officer with a handicap, filed the petition. According to U.O. Note dated 02.04.2014, the Department of Personnel & Administrative Reforms of the Government of Karnataka announced six positions for promotion to the IAS, Karnataka Cadre for non-KAS officers without allocating three percent of the positions to people with disabilities …

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CASE: L. RAGHUMANI V. DISTRICT MAGISTRATE IMPHAL WEST DISTRICT MANIPUR.[1]

DATE OF THE CASE: 20 July, 2021  APPELLANT: L. Raghumani Singh  RESPONDENT: District Magistrate, Imphal West District, Manipur and Ans.   BENCH/JUDGES: Justice D.Y. Chandrachud Justice M.R. Shah  LEGAL PROVISIONS: The Constitution of India, 1949 (Article 21), The National Security Act, 1980  FACTS: Leichombam, a Manipuri activist was apprehended by the police on May 13, 2021 …

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right, advocacy, lex

IN THE SUPREME COURT OF INDIA GUMAN SINGH Vs STATE OF GUJRAT (2021)

SCC ONLINE SC 660 (Criminal Appeal No.940-941 0f 2021) Facts- Gumansingh solemnized marriage with Tahera (deceased) on the date 27/04/1997, after that deceased was residing with GumanSingh and his family which includes his mother as well. Guman Singh was continuously asking his deceased wife about 25000/-rupees to bring from her father. GumanSingh wants to do …

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Re Exploitation of children in orphanages in State of Tamil Nadu v/s Union of India

CASE NO – Writ Petition (criminal) no – 102 of 2007 COURT – Supreme Court of India CORUM – Hon’ble Justice Madan B. Lokur and Hon’ble Justice Deepak Gupta. DATE OF JUDGEMENT – May 5, 2017. INTRODUCTION – Annually, scandals at orphanages in India have disclosed how orphan’s institutions are run. The workers at these …

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THALER V. COMMISSIONER OF PATENTS (2021)

1. Facts                                                                                                                                    1-2 2. Issues raised                                                                                                                        2 3. Contention                                                                                                                          2-3              4. Rationale                                                                                                                             3-4 5. Defects of law                                                                                                                     4-5 6. Inference                                                                                                                             5 Review of — Stephen L. Thaler [2021] APO 5 Date of judgement – 30 July 2021 Judgement of – BEACH J FACTS BETWEEN :  STEPHEN THALER …

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Case Comment

W. N. Allal Sundaram vs The Commissioner H.R. & C.E. Admn. Department & Ors Appellant – W. N. Allal Sundaram Respondent – The Commissioner H.R. & C.E. Admn. Department & Ors Bench – Dr Dhananjaya Y Chandrachud, J Facts • The applicant’s case is that trust in the Sri Swamiya Dhamodara Perumal Temple is not …

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