Case Comment

CASE COMMENT ON SUBHASH DESAI V.  PRINCIPAL SECRETARY, GOVERNOR OF MAHARASHTRA & [1] ORS.

Prologue: “The stopping of the judicial courts, had been blended, in the minds of some people, with the redress of grievances, considered only as a mode of awakening the attention of the legislature.” We will plunge towards the depth of the meaning of the above quote through the comprehensive study of the recent Supreme Court’s …

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CASE :-M SIDDIQ(D) THR LRS V. MAHANT SURESH DAS &ORS (POPULARLY KNOWN AS AYODHYA RAM MANDIR CASE)

CITATION- CIVIL APPEAL NO. 10866-10867 OF 2010 COURT- SUPREME COURT OF INDIA DECIDED- 9TH NOVEMBER, 2019 APPEALED FROM- ALLAHABAD HIGH COURT JUDGES – Ranjan Gogoi (CJI), DY Chandrachud, Ashok Bhushan, S. Abdul Nazeer, Sharad Arvind Bobde.  INTRODUCTION The case of M Siddiq (D) Thr V. Mahanth Suresh Das & Ors CIVIL APPEAL NO. 10866-10867 OF …

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THE STATE OF MADHYA PRADESH VS SHANKAR SINGH GURJAR, AIR 2021

FACTS On 23rd June, 2006, Moharman Lal reported his grandson Shubham to be missing. Shubham, who is around 10 years old, had not returned from his tuition at Variety Public School. His teacher mentioned that Shubham planned to learn skating. Despite searches, Shubham remained missing. On 7th July, 2006, police received a tip about a …

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Supreme Court of India M Siddiq (D) Thr Lrs vs Mahant Suresh Das & Ors on 9 November, 2019

Facts of the case:- In the annals of Indian history, the district of Ayodhya in Uttar Pradesh stands as a testament to both ancient legend and modern controversy. At the heart of this saga lies a 2.77-acre plot of land, known by its plot number 583, which became the epicenter of India’s most protracted and …

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The Indian Union of Muslim League vs Union of India

Facts The Indian Union Muslim League (IUML) swiftly challenged the Citizenship (Amendment) Bill’s validity in a petition filed under Article 32 of the Constitution following its passage in Parliament earlier in December 2019. Official notice was sent to the CAA on January 10, 2020. Soon after, a number of additional plaintiffs followed, and as of …

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Essar House Private Limited v. Arcellor Mittal Nippon Steel India Limited

Civil Appellate Jurisdiction In the Supreme Court of India (Before Indira Banerjee and A.S. Bopanna, JJ.) Civil Appeal No. of 2022 (Arising out of SLP (C) No. 3187 of 2021) Decided on September 14, 2022. Facts of the case: The appeal before the Supreme Court arose against the common judgment and order dated February 1, …

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State of Jharkhand V. Shailendra Kumar Rai @ Pandav Rai

(Criminal Appeal No 1441 of 2022) Facts: The prosecution alleges that on the afternoon of November 7, 2004, the respondent forcibly entered the victim’s home in Narangi village. It is claimed that he physically assaulted her, committing rape, and then threatened her with death if she raised an alarm. Subsequently, when the victim called for …

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Christian Medical College Vellore Association v. Union of India 

Court: Supreme Court of India Petitioner: Christian Medical College Vellore Association  Respondent: Union of India and Others Bench: M.R. Shah, Vineet Saran, Arun Mishra Date of Judgement: 29 April, 2020 Important Sections/Articles-Constitution of India, 1950 – Article 19(1)(g), 25,26,29(1) and 30 FACTS: In this case, the constitutionality of the announcements that established NEET as the …

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TITILE OF THE CASE: BIKRAM CHATTERJEE and OTHERS Vs UNION OF INDIA.

DATE OF THE JUDGEMENT:21ST AUGUST PETITIONER: BIKRAM CHATTERJEE  RESPONDENT: UNION OF INDIA APPEAL No.: 940/2017 BENCH: HONOURABLE Mr. JUSTICE ARUN MISHRA AND HONOURABLE Mr. JUSTICE UDAY UMESH LALIT. FACTS OF THE CASE:  A writ petition was filed by some homebuyers of projects aggrieved by the Corporate Insolvency Resolution Process and the whole process was initiated …

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KERALA UNION OF WORKING JOURNALISTS Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s)

For Petitioner(s) For Respondent(s) FACTS ISSUES RAISED CONTENTION justice. It gives the powers to quash the FIR if it fails to meet the ends of justice. RATIONALE DEFECTS OF LAW Without the FIR being filed or without any prior information being provided as mentioned under the CODE OF CRIMINAL PROCEDURE, no matter that in between …

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CASE COMMENTARY ON: CONTAINER CORPORATION OF INDIA LTD. VS AJAY KHERA AND OTHERS.

Case no. (Supreme Court of India): Case Appeal No. 3798 of 2019  Date of Judgement of the case: 11th January 2024 Bench: Justice Abhay S. Oka and Justice Pankaj Mithal Appellant(s): Container Corporation of India Ltd. Respondent(s): Ajay Khera and others Also to restrict the entry of the containers to the depot in cases when …

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INTERNET AND MOBILE ASSOCIATION OF INDIA VS RESERVE BANK OF INDIA

Court: The Supreme Court of India Citation: W.P. (Civil) No. 528/2018 Coram: Justices Rohinton Fali Nariman, Aniruddha Bose, V. Ramasubramanian Subject Matter: Trade in Cryptocurrency in India (Financial Law and Banking law) Introduction: Cryptocurrency or virtual currency (such as Bitcoin and Ethereum) is a digital form of currency that operates independently of traditional banking systems. …

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SUBHASH DESAI VS PRINCIPAL SECRETARY, GOVERNOR OF MAHARASHTRA AND ORS

“Famously known as REAL SHIVSENA case” Dated: 11 th may 2023 On November 28th, 2019, Uddhav Thackeray, leader of Shiv Sena and head of the MahaVikas Aghadi (MVA), became the Chief Minister of Maharashtra through the MVA alliancewith the Nationalist Congress Party and the Indian National Congress. However, on June21st, 2022, Eknath Shinde, a key …

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SUPRIYO @ SUPRIYA CHAKRABORTY & ANR. V. UNION OF INDIA (SAME SEX MARRIAGE)

CASE NUMBER: 1011/2022CASE CITATION: W.P.(C) No. 1011/2022; Diary No. 36593/2022NAME OF COURT: Supreme Court of IndiaDATE OF JUDGMENT: October 17,2023 PARTIES TO THE CASEPETITIONERS: Supriya Chakraborty and Abhay DangLAWYERS: Mr. Mukul Rohatgi, Sr. Adv Dr. Menaka Guruswamy, Sr. Adv. Ms. Arundhati Katju andors.RESPONDENTS: Union of IndiaLAWYERS: Mr. R Venkataramani, Attorney General for India Mr. Tushar …

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X v. Principal Secretary, Health & Family welfare, Govt. of NCT Delhi

Citation- SPL (C) No. 12612 of 2022 Date of Judgment- 29th September, 2022  Author- J. D.Y ChandrachudBench- Justice D.Y Chandrachud, Justice A.S. Bopanna, Justice J.B. Pardiwala INTRODUCTION  In India, the history of women has been a history of not being heard, one that has come to solidify into a mark of showing respect. This has …

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Neil Aurelio Nunes and Ors. versus Union of India and Ors.

The Indian government’s Other Backward Classes (OBC) reservation policy aims at giving historically underprivileged populations, a fair access to job and educational opportunities. OBC reservations, which date back to the Mandal Commission Report of the 1980s, provide representation for groups that are underprivileged in both social and scholastic spheres. This reservation, which was first implemented …

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UNIBROS V ALL INDIA RADIO

Due to the 42-month delay, arbitration was required in the case involving All India Radio (AIR) and M/s. Unibros regarding delays in the construction of Delhi Doordarshan Bhawan. Due to resource blocking and prolonged service provision beyond the limits of the contract, Unibros claimed loss of earnings. The arbitrator first used Hudson’s calculation to determine …

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CALL RECORDING v. RIGHT TO PRIVACY: AMBIGUITY IN MATRIMONIAL CASES

Abstract This research paper explores the difficult relationship between call recording and the right to privacy within the context of matrimonial cases in India. The use of call recordings as evidence in legal proceedings has become increasingly prevalent, especially in disputes related to marriages. However, this practice raises critical concerns about the potential infringement on …

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Budhadev Karmaskar vs The State of West Bengal on 19th May 2022

Citation: CRIMINAL APPEAL NO. 135 OF 2010 Quorum: Hon’ble Mr. Justice Girish Chandra Gupta & Hon’ble Mr. Justice Kishore Kumar Prasad.  Author Of the Judgment: Both Hon’ble Justices Appellant: Budhadev Karmaskar Respondent: The State of West Bengal & Ors. Counsel For Appellant: Mrs. P. Goswami Counsel For Respondent: Mr. Pradip Ghosh Acts And Sections Involved: …

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The Employees Provident Fund Organisation v. Sunil Kumar B 2022 INSC 1169, Supreme Court Of India, 2022

Facts of the case This passage discusses a court case challenging the legality of modifications made to the Employees’ Pension Scheme (EPS) in 2014. The employee pension scheme was established in 1995 which provides pensions to eligible employees. The Provident Funds and Miscellaneous Provisions Act, of 1952 initially did not have a pension scheme, but …

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Neil Aurelio Nunes and Ors. v. Union of India and Ors. (2022) 4 SCC 1 

FACTS- For the academic year 2021–2022, the Directorate General of Health Services under the Union Ministry of Health and Family Welfare announced adjustments to the reservation policies for postgraduate (PG) seats in the All India Quota (AIQ) in medical universities. These adjustments included a 10% reservation for Economically Weaker Sections (EWS) and a 27% reservation …

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Rambabu Singh Thakur v. Sunil Arora & Ors. [2020 3 SCC 733]

Court: The Supreme Court of India Parties: Petitioner: Rambabu Singh Thakur v/s Respondent: Sunil Arora & Ors Judgment dated: 13th February 2020   Bench: FACTSThis case is associated with the ‘Criminalization of Political Activities In India’, which refers to people having criminal records being allowed to enter into politics. Criminal records of selected candidates are not …

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VODAFONE INTERNATIONAL HOLDINGS BV v. UNION OF INDIA AND ANR.

FACTS OF THE CASE: ISSUES RAISED:There were two major issues raised under this case: CONTENTIONS Vodafone’s side: Page 2 of 2 Income Tax Department’s, GOI” s (Government of India) side: RATIONALEWhether the contentions made by the Income Tax Department are valid? Was the essence ofthe transaction to gain control over Indian assets? Page 3 of …

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CASE COMMENT: ASSOCIATION FOR DEMOCRATIC REFORMS & ANR. V. UNION OF INDIA & ORS. (THE ELECTORAL BONDS CASE)

FACTS OF THE CASE: ISSUES RAISED: ARGUMENTS PRESENTED BY BOTH THE SIDES: Arguments of the Petitioner:  [A] The Amendment to Section 182(1) of the Companies Act infringes the principle of free and fair elections.  [B] The amendment to Section 182(1) of the Companies Act, 2013 violates Article 14 of the Constitution.  Arguments of the Respondents: …

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INDIBILITY CREATIVE PVT LTD V. GOVT OF WEST BENGAL

                                                     Citation: Writ Petition (Civil) 306 of 2019 The case revolves around the Fundamental Right of Freedom of Speech and Expression, Article 19 (1) of the Indian Constitution. A ban was imposed on the screening of a Bengali film, Bhobishyoter Bhoot (Future Ghosts), due to its potential to cause violence and disturbance. The ban was later …

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CASE COMMENTARY

1. DETAILS OF THE CASE Case Name: M/s. RPS Infrastructure Ltd. (Appellant) vs Mukul Kumar & Anr. (Respondent) Case Number: Civil Appeal No. 5590 OF 2021 Citation : (2023) 10 S.C.C. 718 (India) Court: Supreme Court of India Jurisdiction: Civil Appellate Judges: Sanjay Kishan Kaul, J. The case centers on a dispute between M/s RPS …

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“The Animal Welfare Board of India vs. Union of India on Jallikattu andKambala 2023”

FACTS Jallikattu, Kambala, Bull Race, or Bullock Cart Race (the sports), are sports employingbovine or bulls of special breeds, for entertainment by the people in the States of Tamil Nadu,Karnataka, and Maharashtra. The bulls or bovines were “prepared” for the sport with crueland inhumane methods including ear cutting, mutilation, and twisting of the tail resulting …

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Google Inc. & Ors v. Competition Commission of India, Competition Appeal (AT) No.01 of 2023

Citation: Competition Appeal (AT) No. 1 of 2023 Decided on: 29th March 2023 Parties: Google LLC and Google India Private Limited (collectively, “Google”) filed a competition appeal [Competition Appeal (AT) No. 01 of 2023, New Delhi] to contest the ruling made by the Competition Commission of India (CCI), which determined that Google had violated the …

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DECODING THE DUEL: CYBER SECURITY V. ARTIFICIAL INTELLIGENCE IN THE DIGITAL ERA

ABSTRACT: This research paper looks into the symbiotic relationship between cybersecurity and artificial intelligence in the ever-evolving landscape of technological advancements. With digitization, there are various challenges posed by cyber threats that highlight the vulnerabilities inherent in the AI systems. This paper emphasizes the need of improving cybersecurity measures to safeguard against the spectrum of …

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Bilkis Yakub Rasool Vs. Union of India& Ors.

CASE COMMENT WRITING Bilkis Yakub Rasool Vs. Union of India& Ors. (2023)                                                                                                                                 – By Tanya TABLE OF CONTENTS 1. INTRODUCTION 2. FACTS 3. ISSUES RAISED  4. CONTENTION 5. RATIONALE  6. DEFECTS OF LAW 7. INFERENCE INTRODUCTION Case Title:  BILKIS YAKUB RASOOL …PETITIONER                                       VERSUS  UNION OF INDIA & OTHERS …RESPONDENTS  Citation: WRIT PETITION (CRL.) NO.491 OF …

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Manohar Lal Sharma v. Narendra Damodardas Modi & Ors

Bench: Chief Justice Ranjan Gogoi, Justice Sanjay Kishan Kaul, Justice K.M. Joseph Citation: Manohar Lal Sharma v. Narendra Damodardas Modi & Ors. W.P. (C) No.225 of 2018, Decided on: 14-12-2018 Petitioner: Manohar Lal Sharma (supported by other petitioners) Respondent: Narendra Damodardas Modi & Ors. (Union of India and other government officials) Court: Supreme Court of India Judgment Date: December 14, 2018 FACTS OF CASE The Rafale Deal case, officially known …

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Environmental Laws V. Energy Laws A Comparative Analysis with Conflicting Criteria

PALAK DUNEJA DELHI METROPOLITAN EDUCATION ABSTRACT Energy law governs energy resource exploration, extraction, and distribution, whereas environmental law focuses on ecosystem protection, resource conservation, and pollution reduction. With the virtue of this Research Paper, I have focused on how Energy resource extraction and utilization can have serious environmental consequences, affecting air and water quality, biodiversity, …

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CASE COMMENT: SUPRIYO CHAKRABORTY AND ANR. VERSUS UNION OF INDIA.

This case is a collection of significant cases that the Indian Supreme Court has heard in order to decide whether or not to grant those who identify as sexual or gender minorities in India the ability to marry and start a family. A five-judge Constitution Bench, which included 52 petitioners and considered 20 related petitions, …

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M/s Larsen Aur Conditioning and Refrigeration Company V. Union of India

A contract that was entered regarding a tender gave rise to the dispute between the respondent state and the appellant. The matter was sent for arbitration on April 22, 1997, and the arbitrator ordered the four respondents to pay 18% pendente lite and future compound interest on the claims in January 1999. When the respondent …

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