Case Comment

CASE COMMENT: DAULAT SINGH (D) THR. LRS. V. STATE OF RAJASTHAN & ORS.

Citation: AIR 2021 SUPREME COURT 394 Bench: Surya Kant, S. Abdul Nazeer, N.V. Ramana Court: Supreme Court of India Facts –  The case arises out of an appeal preferred by Daulat Singh, a deceased landowner, who gave his son Narpat Singh a gift of 127.1 Bighas of land on 19.12.1963, leaving the appellant with 17.25 …

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VANSHIKA YADAV Vs  UNION OF INDIA & ORS

SUPREME COURT OF INDIA  Writ petition (civil)No. 335 of 2024 02 August 2024 [Justice D.Y Chandrachud, CJI, Justice Manoj Mishra and Justice J.B. Pardiwala] Vanshika yadav and others…………………………..(Petitioner) Union of India and others………………………….(Respondent) Issue of the case: Whether the entire examination should be annulled due to paper leak and malpractice or whether the sanctity of …

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Case comment :  Javed Ahmad Hajam vs. State of Maharashtra 

Citation- {2024} 3 S.C.R. 317 :2024 INSC 187 https://digiscr.sci.gov.in/view_judgment?id=MzY2ODE&utm Facts— In the case of Javed Ahmad Hajam v. State of Maharashtra, the appellant, Professor Javed Ahmad Hajam, was an employee of Sanjay Ghodawat College in Kolhapur, Maharashtra. Hailing from Baramulla, Kashmir, he was a member of a WhatsApp group which included students and their parents. …

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CASE COMMENT ,CASE NAME: Omkar Ramchandra Gond v. Union of India and Ors.

CITATION: C.A. NO. 10611/2024 BEFORE: The Supreme Court of India HON’BLE JUDGES/CORAM: B.R. Gavai, Aravind Kumar and K.V. Vishwanathan, JJ. COUNSELS: For Appellant/Petitioner/Plaintiff: S.B. Talekar, Pradnya Talekar, Advs., Pulkit Agarwal, AOR, Sudhanshu Kaushesh, Vibhu Tandon, Madhvi Ayyapan, Ajinkya Sanjay Kale, Shreyans Raniwala, Avnish Chaturvedi, Anubhav Lamba,  Mohd. Anas Chaudhary. For Respondents/Defendant: Sharirang B. Varma, Siddharth …

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THE SUPREME COURT OF INDIA Case Name: STANDARD CHARTERED BANK VERSUS HEAVY ENGINEERING  CORPORATION LTD. & ANR. 

APPELLANT : STANDARD CHARTERED BANK RESPONDENT : HEAVY ENGINEERING  CORPORATION LTD. & ANR. Bench : Justice L. Nageswara Rao  &  Justice Ajay Rastogi Date of Judgement : December 18, 2019   Facts of the Case  In the case of Standard chartered bank VS. Heavy Engineering Corporation. Heavy Engineering Corporation, a government-owned company, aimed to establish a …

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Case comment: Association of Democratic Reforms vs. Union of India (2024) 5 SCC 1

Citation: (2024) 5 SCC 1 Case Type: Civil writ Petition Bench Strength: 5 Bench: Justice D.Y. Chandrachud (CJI), Justice Sanjiv Khanna, Justice B.R. Gavai, Justice J.B. Pardiwala and Justice Manoj Misra. Case Brief According to the petition filled by Association of Demographic Reforms (ADR) in the case “Association of Democratic Reforms & Anr. vs. Union …

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Vishal Tiwari v Union of India

                          Citation: WP(C) No. 162 of 2023 FACTS In the given case, Hindenburg Research established by Nathan Anderson in 2017 is a scientific monetary research firm which examines equity, credit and derivatives. It has a history of tracking down corporate facades, crimes and putting down wagers against the organizations. The Hindenburg Report submitted on January …

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Delhi Metro Rail Corporation Ltd V. Delhi Airport Metro Express Pvt. Ltd. (2024)

FACTS The instant case dealt with the curative petition filed by Delhi Metro Rail Corporation Ltd (DMRC) under Article 142 of the Constitution. The respondent of this case is Delhi Airport Metro Express Pvt. Ltd. ( DAMEPL). Both these parties entered into an agreement in 2008, for providing metro connectivity between Indira Gandhi International Airport …

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Balram Garg v. Securities and Exchange Board of India

Facts  The case of Balram Garg v. Securities and Exchange Board of India (SEBI) revolves around allegations of insider trading involving the securities of PC Jeweller Ltd, a well-known jewelry company in India. Balram Garg, a key promoter and former Director of PC Jeweller, was accused by SEBI of using non-public, price-sensitive information to engage …

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SUKANYA SHANTHA VS. UOI & ORS. 2024 INSC 753

FACTS Sukanya Shantha, a journalist, filed a Public Interest Litigation (PIL) before the Supreme Court of India, highlighting the pervasive caste-based discrimination within Indian prisons. Her petition was based on her investigative article, “From Segregation to Labour, Manu’s Caste Law Governs the Indian Prison System,” published in December 2020. The petition specifically pointed out discriminatory …

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CASE COMMENT: STATE OF U.P. vs M/S. LALTA PRASAD VAISH AND SONS

Judges D.Y. Chandrachud CJI Hrishikesh Roy J A.S. Oka J B.V. Nagarathna J J.B. Pardiwala J Manoj Misra J Ujjal Bhuyan J S.C. Sharma J A.G. Masih J Parties Appellant: State of Uttar Pradesh through the Principal Secretary UP Government Excise Department; the Excise Commissioner UP; District Excise Officer/Collector Lawyers: Senior Advocate Dinesh Dwivedi, Advocate …

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“In Re Prashant Bhushan & Anr.”

Case: In Re Prashant Bhushan & Anr. (2020) Parties:  Petitioner: Supreme Court of India (suo moto proceedings)                Respondents: Prashant Bhushan (Advocate) and Twitter, Inc. Case Type: Suo Moto Criminal Proceeding Bench: B.R. Gavai J, Krishna Murari J, Arun Mishra J Counsel:   Citation: 2020 SCC OnLine SC 663 Final Judgment Date: August 31, 2020 FACTS OF THE CASE Introduction to …

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CASE TITLE: Sunita Devi vs State of Bihar & Anr.

Appellant: Sunita Devi Respondent: State of Bihar Judgment Date: May 2024Court: Supreme Court of IndiaBench: Justice MM Sundresh and Justice SVN BhattiRelevant Citation: 2024 INSC 448Legal Provisions Involved: Protection of Children from Sexual Offences (POCSO) Act, Criminal Procedure Code (CrPC), 1973. Introduction The case of Sunita Devi vs. State of Bihar (2024) deals with the …

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THE STATE OF PUNJAB & ORS. VS. DAVINDER SINGH & ORS. 2024 INSC 562

DATE OF JUDGMENT: 1 August, 2024  FACTS & BACKGROUND:  50% for Balmiki & Mazhabi Sikhs 50% for the other SC categories  Recognition of sub-divisions for social & educational backward classes  Comparable for SC, ST, SEBCs  7 was ruled for the bench  ISSUES RAISED:  CONTENTIONS: Petitioner –  Respondent –  RATIONALE: DEFECTS OF LAW:  INFERENCE:  The Supreme …

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SECURITIES AND EXCHANGE BOARD OF INDIA Vs. R.T. AGRO PRIVATE LIMITED & ORS

About the case  A related party transaction involving the purchase of 40,000 square feet of residential space by R.T. Exports Limited and Neelkanth Realtors Private Limited was put out and needed shareholder approval. Section 188 of the Companies Act, 2013 obliged linked parties to abstain from voting, and on July 15, 2014, a special resolution …

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CASE COMMENT: Pattu Rajan & Ors. V. The State of Tamil Nadu, 2019

Court- Hon’ble Supreme Court of India Bench- Justice Indira Banerjee, Justice Mohan M. Shantanagoudar, Justice N.V. Ramana Decided on: 29th march, 2019 Parties Appellant- Pattu Rajan Respondent- State of Tamil Nadu  FACTS    ISSUES RAISED CONTENTION  BY APPELLANT  BY RESPONDENT RATIONALE  The rationale in this case lies on the application of critical interpretation of legal principles and …

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Case Commentary on Pravasi Bhalai Sangathan v. Union of India

Introduction In recent years, the surge of hate speech in political and public discourse has threatened the social fabric of India. The case of Pravasi Bhalai Sangathan v. Union of India (2014) addressed this issue, questioning whether the existing legal framework can sufficiently curb hate speeches made by political and religious leaders. Filed under Article …

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CASE COMMENT BAR COUNCIL OF INDIA V. BONNIE FOI LAW COLLEGE

2023 SCC ONLINE SC 130 DATE OF JUGDMENT: 20th September 2024 A. Velan and Navpreet Kaur for the Petitioner Ardhendumauli Kumar Prasad for the Respondent HON’BLE SUPREME COURT OF INDIA Chief Justice of India DY Chandrachud, Justice JB Pardiwal and Manoj Misra Petition filed under Article 32 of Indian Constitution. INTRODUCTION This case primarily revolves …

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INDIAN HOTEL AND RESTAURANT ASSOCIATION VS. STATE OF MAHARASHTRA (2019)

(Civil appeal no. 576 of 2016) FACTS OF THE CASE: – The case, Indian Hotel and Restaurant Association vs State of Maharashtra (2019), deals with the constitutional validity of a law banning dance bars in Maharashtra. The State Government had introduced several amendments through the Maharashtra Police Act, 1951, that severely restricted the operation of …

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 THE DOCTRINE OF BASIC STRUCTURE: ANALYZING THE CONSTITUTIONAL LEGACY OF KESAVANANDA BHARTI v. STATE OF KERELA,1973

ABSTRACT: – The landmark judgment in Kesavananda Bharati v. State of Kerala (1973) fundamentally reshaped the constitutional landscape of India by establishing the Basic Structure Doctrine. This doctrine asserts that while Parliament has the authority to amend the Constitution under Article 368, it cannot alter its “basic structure.” This research paper delves into the evolution …

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Y Bala ji v. Karthik Desari; SLP (Cri.) Nos. 12779-12781 of 2023

Facts [1]In the case of Y. Balaji v. Karthik Desari, the Supreme Court of India addressed serious allegations surrounding a cash-for-jobs scam involving Tamil Nadu’s Minister of Electricity and Prohibition, V. Senthil Balaji. The case revolves around accusations that Balaji accepted bribes from job aspirants in exchange for appointments to the Tamil Nadu State Transport …

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CASE COMMENTRY Rojer Mathew v. South Indian Bank Ltd. And Ors.

The case of ‘Rojer Mathew v. South Indian Bank Ltd. And Ors.’ revolves around the Finance Act, 2017, which was introduced on March 31, 2017. This Act made crucial changes to the structure and organization of tribunals in India. Specifically, it allowed the Central Government to set the rules concerning the qualifications, appointments, terms of …

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 Larsen Air Conditioning and Refrigration Company  v. Union of India

Bench: S. Ravindra Bhat and Dipankar Datta, JJ. FACTS The case of Larsen Air Conditioning and Refrigration Company v. Union of India was based on a contractual dispute between the appellant company and the Union of India. The exact terms of the contract are not outlined in the judgment, but it seems that Larsen Air …

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SUPREME COURT OF INDIA JANHIT ABHIYAN V. THE UNION OF INDIA (2022)

7 November 2022 (EWS Reservation Case) Hon’ble Judges- Justice Uday Umesh Lalit (CJI), Justice Dinesh Maheshwari, Justice Bela M Trivedi, Justice J B Pardiwala, and Justice Shripathi Ravindra Bhat Case Comment: In a 3-2 majority, the Supreme Court upheld the 103rd Constitutional Amendment providing EWS reservation. With this, the Court extended the net of reservation …

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CASE COMMENT: “SUPRIYO CHAKRABORTY & ANR V. UNION OF INDIA” 2023 INSC 920

CASE NUMBER – W.P. (C) No.-001011 – 2022 PETITIONER – Supriyo @ Supriya Chakraborty & Anr. RESPONDENTS – Union of India BENCH – Hon’ble Chief Justice of India D.Y.  Chandrachud, Hon’ble Mr. Justice Sanjay Kishan Kaul, Hon’ble Mr. Justice S. Ravindra Bhat, Hon’ble Ms. Justice Hima Kohli, Hon’ble Mr. Justice Pamidighantam Sri Narasimha DATE OF …

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CASE_COMMENT_ Harshada_Rajpure- _Harshada_Rajpure.docx by Safia Nu 

Submission date: 19-Sep-2024 11:05AM (UTC+0800)  Submission ID: 2450211496  File name: CASE_COMMENT_-_Harshada_Rajpure_-_Harshada_Rajpure.docx (19.65K) Word count: 1526  Character count: 8440 1  5 1  2  4 1  1  1  1  1  1  1  1  1 3 6 CASE_COMMENT_-_Harshada_Rajpure_- _Harshada_Rajpure.docx  ORIGINALITY REPORT  12% SIMILARITY INDEX  PRIMARY SOURCES  12%  INTERNET SOURCES  1%  PUBLICATIONS  2%  STUDENT PAPERS  1 9%  canonsphere.com  Internet …

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Committee Of Creditors of Essar Steel vs Satish Kumar Gupta,2019

Facts Essar Steel India Limited, a carbon steel manufacturing company, produced steel products from iron ore. However, after 2010, the company began incurring losses, forcing it to take substantial loans from both public and private banks. Once a key player in India’s steel industry, it faced financial troubles and was classified as a Non-Performing Asset …

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ALOK VERMA V UOI (2019)

FACTS Alok Verma was appointed as the Director of the Central Bureau of Investigation (CBI) in January 2017, marking the beginning of a significant tenure that was marred by controversies. A serious conflict arose between him and the CBI’s Special Director, Rakesh Asthana, who both accused each other of corruption, leading to a breakdown of …

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M/s. Sun Pharmaceutical Industries Ltd. Vs Union of India (2024)

Facts of the case: Issues Raised: Contention:     -Classification as Distributor: Sun Pharmaceutical contended that it should not be classified as a “distributor” under the DPCO. The company argued that it did not directly fulfill the role of a distributor as defined by the DPCO, and therefore, it should not be held liable for …

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SITA SOREN V. UNION OF INDIA (2024): PRIVILEGES OF PARLIAMENTARY AND CONSTITUTIONAL IMMUNITY SCHEME OF THE CONSTITUTION

Article 105(2): No member of either House of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof. Further, no person shall be liable to any proceedings in any court in respect of the publication by or under …

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CASE COMMENT M Siddiq (D) Thr Lrs vs Mahant Suresh Das & Ors on 9 November 2019

By  Gargi Singh, Symbiosis Law School, Pune Introduction:-  The Ayodhya dispute (M. Siddiq v. Mahant Suresh Das) It is a notable land case in India. The Ayodhya dispute had reached the Supreme Court, specifically M. Siddiq v. Mahant Suresh Das. In this case, the Indian High Court, which had a three-judge bench, pronounced its judgement …

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Civil Appeal No. 6466 OF 2024 KOLKATA MUNICIPAL CORPORATION & ANR. VERSUS BIMAL KUMAR SHAH & ORS

                                  Facts: i) The Kolkata Municipal Corporation (Appellant) acquired the property belonging to Mr. Bimal Kumar Shah (Respondent No. 1), located at Premises No. 106C, Narikeldanga North Road, Kolkata – 700011 (the Property), under the authority granted by Section 352 of the Kolkata Municipal Corporation Act, 1980. This section empowers the acquisition of lands and …

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2023 INSC 468 SHILPA SAILESH v. VARUN SREENIVASAN

BACKGROUND  Case Name: Shilpa Sailesh v. Varun Sreenivasan Acts Involved: Constitution of India; Hindu Marriage Act, 1955 Important Provisions: Article 142, Section 13B  Court: Supreme Court  Bench: Justices S.K. Kaul, Sanjiv Khanna, Abhay S. Oka, Vikram Nath, and J.K. Maheshwari. Petitioner: Shilpa Sailesh Respondent: Varun Sreenivasan   Case type: TRANSFER PETITION (CIVIL) / 1118/2014 Date of …

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Case Comment: Ravikumar Dhansukhlal Maheta & Anr. Vs. High Court of Gujarat & Ors. Writ Petition © No. 432 of 2023

The case of Ravikumar Dhansukhlal Maheta & Anr. Vs. High Court of Gujarat & Ors. involves a significant legal dispute that touches upon the interpretation and application of the principle of “Merit-cum-Seniority” in the promotion process for judicial officers in the state of Gujarat. This case is pivotal in understanding how merit and seniority are …

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CASE BRIEF WRIT PETITION (CRIMINAL) NO. 160 OF 2020 Amish Devgan v.  Union of India

Petitioners: Amish Devgan Respondents: Union of India  Acts involved: Indian Penal Code (IPC) Important provisions: Sections 153A, 295A, and 505(2) of the Indian Penal Code and Section 66F of the IT Act [1] Court: Supreme Court of India Bench: Justices A.M. Khanwilkar and Sanjiv Khanna Judgement date: December 7, 2020 FACTS ISSUES RAISED CONTENTION Contentions …

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CASECOMMENT:BIKRAMCHATTERJI & OTHERS Vs. UNION OF INDIA AND OTHERS

The Amrapali Group, established in 2003, quickly became a significant player in the Indian real estate market. The company’s primary goal was to provide affordable housing to meet the increasing demand in urban areas. Headquartered in Noida, Uttar Pradesh, the group’s portfolio included residential complexes, commercial buildings, and luxury apartments. By leveraging aggressive marketing strategies …

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

PARTIES:     TYPE OF CASE: Appellant: X  Respondents: The Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi & Anr Civil Appeal No 5802 of 2022 SLP (C) No 12612 of 2022 COURT: THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION DATE: September 29, 2022 BENCH: J. Dr Dhananjaya Y Chandrachud, J. …

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Indibily Creative Pvt. Ltd. vs Govt. Of West Bengal on 11 April, 2019.

PARTIES: Petitioner: Indibility Creative Pvt Ltd Respondent: Govt of West Bengal COURT: Supreme court of India DATE: April 11, 2019 BENCH: Justice D Y Chandrachud and Hemant Gupta LEGAL COUNSELS: Petitioner: Mr. Sanjay Parikh Respondent: Dr Abhishek Manu Singhvi FACTS: Voltaire: “I despise what you say but will defend to the death your right to …

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