Case Comment

DOBBS v. JACKSON WOMEN’s HEALTH ORGANIZATION (2022)

FACTS The Gestational Age Act of Mississippi, which was approved in 2018, was the key controversy in the Dobbs v. Jackson case. It restricted abortions that were beyond 15 weeks of pregnancy when there was proof of urgent medical needs or extreme fetal defects. Furthermore, this law linked abortion providers to fines including license termination. Jackson Women’s …

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VINUBHAI HARIBHAI MALAVIYA VS. STATE OF GUJARAT. 2019 (SC) 5233

Facts of the Case Vinubhai Haribhai Malaviya and others, the petitioners, were accused in a criminal case regarding a dispute over an agricultural land situated in Surat and involving severe offenses under the Indian Penal Code (IPC), now known as the Bharatiya Nyaya Sanhita (BNS). The investigation was completed with a written petition and the …

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SHRIMANTH BALASAHEB PATIL VS HON’BLE SPEAKER KARNATAKA, 2020 (2) SCC 595 

Facts of the case The current case pertains to a group of writ petitions filed by Members of the Legislative Assembly (MLA’s) of the Karnataka Legislative Assembly against the disqualification orders issued by the Speaker of the assembly. The disqualification petition was lodged with the Speaker against five MLA’s from the ruling party on 11.02.2019. …

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Purno Agitok Sangma vs. Pranab Mukherjee (2013) 2 SCC 239

Case name: PURNO AGITOK SANGMA VS PRANAB MUKHERJEE Citation: (2013) 2 SCC 239  Petitioner: Purno Agitok Sangma  Responder: Pranab Mukherjee Petitioner Counsel: Learned Senior Advocate Ram Jethmalani Responder Counsel:  Learned Senior Advocate Harish Salve FACTS: The case revolves around the 2012 presidential election between Purno Agitok Sangma and Pranab Mukherjee. Sangma challenged Mukherjee’s eligibility, claiming …

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TAJ MAHAL HOTEL V. UNITED INDIA INSURANCE CO. LTD AND ORS. [SC/1566/2019]

FACTS: ISSUES RAISED: 1. “Whether it is true that the insurer had locus standi to file the subrogee complaint? 2. Whether the Appellant-hotel, under the laws of bailment or elsewhere, will be held liable for the theft of the car taken for valet parking?  3. Whether it is possible for the Appellant-hotel to be released …

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INDIAN EX-SERVICEMEN MOVEMENT V. UNION OF INDIA (2022)

Case Citation: WP (C) 419/2016 Judges: D Y Chandrachud (CJI), Surya Kant J, Vikram Nath J Facts: Issues raised  Contention Contentions from Petitioner’s side: Contentions from the Respondent’s side:  Rationale Defects in law: Inference The Apex court in its judgment has quoted the description given by Lon Fuller on public policy issues that come up …

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 Larsen Air Conditioning and Refrigeration Company  v. Union of India

FACTS The instant case was due to 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 Conditioning won some work on tender, which subsequently led to certain disputes. Thereafter, on April 22, 1997, the …

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CHARAN SINGH@ CHARANJIT SINGH V. STATE OF UTTARAKHAND, 2023

FACTS ISSUES RAISED CONTENTIONS Contentions by the Appellant – Charan Singh Contentions by State (Prosecution) RATIONALE The Supreme Court’s decision to allow the appeal and set aside the High Court’s judgment was based on the following rationale: .    The Court emphasized that mere unnatural death of a woman in her matrimonial home within seven years …

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CASE COMMENT ON M.K. RANJITSINH V. UNION OF INDIA (GREAT INDIAN BUSTARD CASE)

INTRODUCTION “Create the right environment before you work on the future. There’s nothing worse than walking through hell to get to heaven” -Troy Gathers Development and Environment both are inversely proportional to each other. If we chose development, there will be an adverse impact on environment and if environment is prioritized then development will eventually …

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CASE COMMNET Republic TV Vs. Maharashtra 

{TRP Scam Case} Facts The controversy also known as “TRP Scam Case.” Where in 2020, Mumbai Police arrested several individuals including Republic TV and its editor Arnab Goswami and former employees of rating agency BARC {Broadcast Audience Research Council}. The investigation revealed that some of the channels were using unwanted means to manipulate ratings which …

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ELECTROSTEEL STEELS LIMITED VS UNION OF INDIA, 2021

The company Electrosteel Steels Limited (ESL) operates a huge steel production facility in Bokaro, Jharkhand, which leaves behind a substantial economic footprint. The company has stated that it has approximately 3,000 regular and 7,000 contractual employees, and its steel production stands valued at Rs.4,200 crores. On top of this, the plant also indirectly has around …

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Neha Chawla vs. Virender Chawla and Anr. (CRR – 1503 – 2019)

Fouzaan Ahsan1 The Supreme Court of India decided the matter of Neha Chawla vs. Virender Chawla and Anr. on October 4, 2019. This case emerged from a complaint filed by Neha Chawla against her brothers-in- law, Virender Chawla and another respondent, under the Domestic Violence Act, 2005. Neha Chawla took her marriage vows in the …

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CASE COMMENT: BIKRAMCHATTERJI & OTHERS Vs. UNION OF INDIA AND OTHERS 

• FACTS  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 …

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CASE COMMENT ON CHEBROLU LEELA PRASAD RAO AND ORS. V. STATE OF ANDHRA PRADESH AND ORS.

Appellant: Chebrolu Leela Prasad Rao & Ors. Respondent: State of Andhra Pradesh & Ors. Court: Supreme Court of India Case Number: Appeal (Civil) No. 3609 of 2002 Citation: 2020 SCC Online SC 383 Bench: Justice Arun Mishra; Justice Indira Banerjee; Justice Vineet Saran; Justice M.R.Shah and Justice Aniruddha Bose Date of Judgment: 22nd April 2020 …

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Chief Election Commissioner of India vs M.R Vijayabhaskar and Others

Decided on: 06th May, 2021 Bench: Dr. D.Y Chandrachud and M.R Shaw, JJ[i] Facts On 26th February 2021, the Election Commission of India (ECI) announced General Elections to the Legislative Assemblies of Tamil Nadu, Kerala, West Bengal, Assam, and Puducherry. Accordingly, the elections in the State of Tamil Nadu were scheduled such that the polling …

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Supreme Court of India Supriyo @ Supriya Chakraborty & Anr. versus Union of India

Facts In November 2022, a group of 21 same sex couples led by petitioners Supriyo (aka Supriya Chakraborty) and Abhay Dhang approached the Supreme court seeking legal recognition of same-sex marriage under various Indian laws. The petitioners sought judicial intervention to challenge non recognition under laws like the Special Marriage Act, of 1954, the Foreign …

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CASE COMMENT : Vijay Madanlal Choudhary vs Union Of India[2022] SLP(Crl.) No. 4634 of 2014

FACTS:- A crucial piece of legislation in India designed to halt the process of money laundering and confiscate assets linked to such activities is the Prevention of Money Laundering Act, 2002 (PMLA). Its primary objectives are to prevent and manage money laundering, confiscate and forfeit assets obtained through or utilized in money laundering, and combat …

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Case Comment on Shilpa Sailesh v. Varun Sreenivasan [2023] 5. S.C.R. 165

The case of Shilpa Sailesh v. Varun Sreenivasan is a watershed moment in Indian Family Law, introducing in a unused worldview in the judiciary’s approach to conjugal issues and separate. This case bargains with critical lawful questions with respect to the scope of the Supreme Court’s powers beneath Article 142 of the Indian Constitution.  The …

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CASE COMMENTARY: MANOHAR v. STATE BY INSPECTOR OF POLICE, VARIETY POLICE STATEION, COIMBATORE.

Case name: Manoharan v. State by Inspector of Police Equivalent Citation: 7 SCC 716 Date of Judgement: 7 November, 2019 Appellant: Manoharan Respondent: State by Inspector of Police, Variety Hall Police Station, Coimbatore Bench: Rohinton Fali Nariman, Sanjiv Khanna, Surya Kant Facts of the case:  Issues Raised:  Appellant’s Contentions: Respondent’s Contentions: Trial Court Judgement: The …

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Jiji B. R. Jadhav & Ors. v. State of Maharashtra & Ors. (2021)  

Citation: Jiji B. R. Jadhav & Ors. V. State of Maharashtra & Ors., (2021) 2 SCC 324. Date of Judgement: 5th May, 2021    Court: Supreme Court of India   Bench: (5 Judges) J. Ashok Bhushan, J. Abdul Nazeer, J. Ravindra Bhat, J. Hemant Gupta, J. Nageshwara Rao.   Case Type: Constitutional   Civil Appeal No: 3123 of 2020   …

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CASE COMMENTARY DR. SHAH FAESAL AND ORS vs. UNION OF INDIA AND ANR (2020 SCC Online SC 263)

In the Supreme Court of India NAME OF THE CASE Dr. Shah Faesal and Ors. vs. Union of India and Anr.  DECIDED ON 2 March, 2020 APPELLANTS Dr. Shah Faesal and Ors. RESPONDENTS  Union of India and Anr. BENCH / JUDGES Hon’ble Justice S. Kant, Hon’ble Justice B.R. Gavai, Hon’ble Justice R.S. Reddy, Hon’ble Justice …

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CASE COMMENT: UNION OF INDIA VS LT. CDR. ANNIE NAGARAJA  (2020)

CASE CITATION: AIR ONLINE 2020 SC 375DATE OF JUDGEMENT: 17th March, 2020APPELLANTS: Union of India & Ors.RESPONDENTS: Lt. Cdr. Annie Nagaraja & Ors.NAME OF THE COURT: Supreme Court of India BENCH: Honorable Justice D.Y. Chandrachud, Honorable Justice Ajay Rastogi FACTS OF THE CASE  The case of Union of India v. Lt. Cdr. Annie Nagaraja was a …

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The State of Maharashtra vs 63 Moons Technologies Ltd.

FACTS ISSUES RAISED  CONTENTION Petitioner’s (State of Maharashtra) Contentions: Respondent’s (63 Moons Technologies Ltd.) Contentions: RATIONALE The Supreme Court exercised its jurisdiction under Article 142 of the Constitution to clarify the legal status of the High Court’s direction dated 28 August 2019. This direction, which mandated the withdrawal of the deposit of Rs 84 crores, …

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New Okhla Industrial Development Authority Vs. Darshan Lal Bohra 2024

1. FACTSThe case at hand involves a dispute between the New Okhla Industrial Development Authority (NOIDA) and Darshan Lal Bohra. NOIDA, a government body responsible for the development of industrial infrastructure in the Noida region, had allotted an industrial plot to Darshan Lal Bohra, a businessman intending to establish a manufacturing unit on the plot. …

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ANALYZING THE JOURNEY AND IMPACT OF THE LANDMARK CASE NAVTEJ SINGH JOHAR VS. U.O.I ON THE RIGHTS OF LGBTQ+  COMMUNITY

ABSTRACT This study analysis and  explores the landmark case of Navtej Singh Johar vs. Union of India and its profound impact on the rights of the LGBTQ+ community in India. Decided by the Supreme Court of India in 2018, this historic ruling decriminalized consensual homosexual acts between adults, striking down Section 377 of the Indian …

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CASE COMMENT SHAKTI YEZDANI V. JAYANAND JAYANT SALGAONKAR (2023)

NOMINATION V. SUCCESSION – THE DEBATE SETTLES Introduction: Nomination as a process involves selecting another person as a legal nominee or representative by a person during his lifetime in respect of specific assets or properties.  In the recent case of Shakti Yezdani vs. Jayanand Jayant Salgaonkar, the Bombay High Court grappled with the complexities surrounding …

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Case Brief Union of India & Ors vs Air Commodore NK Sharma (17038) (2023) 4 SCC 1

Facts: 1. N.K Sharma, the Respondent, was working in the JAG (Judge Advocate General) department and also received training for AVM (Air Vice Marshal), hoping to be promoted to the rank of AVM. 2. Even though being qualified for the promotion, no board was made to fill empty position. 3. Then, the disagreement happened, and …

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TASK 2: CASE COMMENT CASE: ATTORNEY GENERAL FOR INDIA vs. SATISH & ANOTHER (2021)

DATE OF JUDGEMENT- NOVEMBER 18, 2021 CRIMINAL APPEAL NO. 1410 OF 2021 BENCH: JUSTICES UDAY UMESH LALIT, S.RAVINDRA BHAT AND BELA M. TRIVEDI. DECIDED BY: SUPREME COURT OF INDIA (apex court of the country). YEAR-2021 1. FACTS- The facts involved in the case have been framed as the accused named, Satish who was involved in …

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Emami Limited vs Hindustan Unilever Limited on 9 April, 2024

Facts The case involves a trademark dispute between two parties, the petitioner and the respondent, concerning their respective marks “Fair and Handsome” and “Glow and Handsome.” The petitioner, Emami Limited, has been using their trademark since 2005.  They allege that the respondent’s more recent mark, introduced in 2020, infringes their established brand identity. The petitioner …

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Shamsher Singh v. State of Punjab, 1975 S.C.R. (1) 814 (India).

                                                                                                               ID- 21012066 NAME : LAVANYA YADAV Shamsher Singh. Petitioner Vs. State of Punjab. Respondent FACTS In this case, the two appellants were probationary members of the Punjab Civil Service (Judicial Branch). According to various sections of pertinent regulations, the concerned Ministers’ and Chief Minister’s orders terminated both of their probation in accordance with the High …

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Case comment: Union of India and ANR. Vs. Deloitte Haskins and Sells LLP & ANR

Facts:  Issues Raised: Claims Of the Appellants Among several other claims some of the prime and supreme contentions laid by the Appellants in the instant case are as follows: Response Of the Respondent In arguments presented the Respondent laid down several responses challenging the claims put forward by the Appellants. The relevant responses in connection …

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TITLE OF THE  PASSAGE: “Challenges to Election Commission Independence: Legislative Vacancy and Judicial Intervention”

DATE OF JUDGEMENT: 2nd March, 2023. PETITIONER: Anoop Baranwal RESPONDENT: Union of India BENCH: Honourable Justices K.M. Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, C.T. Ravikumar LEGAL PROVISIONS: The Constitution of India FACTS The issue of the Election Commission’s appointment process has sparked significant debate in India, drawing attention to the constitutional mandate outlined in Article 324(2). This provision places …

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CASE COMMENTARY Case Name – Aparna Ajinkya Firodia v. Ajinkya Arun Firodia 

Citation: 2023 LiveLaw (SC) 122  Bench: V. Ramasubramanian, B.V. Nagarathna FACTS:  “This case is based on the controversy that emerged out of an application (Exhibit 84/B) filed by the respondent’s husband on 9th November 2020 before the Principal Judge Family Court, Pune, praying for a direction to subject Master “X” the second child born to …

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Case Commentary of Alok Verma v Union of India; Common Cause v Union of India, (2019) 3 SCC 1

WRIT PETITION (CIVIL) NO.1315 OF 2018 On October 23, 2018, the Central Vigilance Commission (CVC) issued an order removing Alok Kumar Verma from his position as the Director of the Central Bureau of Investigation (CBI), stripping him of all his powers, functions, and supervisory roles. That same day, the Union of India executed the CVC’s order under the Delhi Special …

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M Siddiq (D) Thr Lrs v. Mahant Suresh Das & Ors.

                         Civil Appeal Nos 10866-10867 of 2010 Facts : The Ayodhya dispute is one of India’s important and controversial legal fights. This fight is about a place that Hindus think was the birthplace of Lord Ram. Understanding the key events can help to understand this complex case. In 1528, commander Mir Baqi, under Mughal emperor Babur, …

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NOEL HARPER AND ORS. V. UNION OF INDIA AND ANR.

                         Writ Petition (Civil) Nos. 566, 634, and 751 of 2021  FACTS ISSUES RAISED Moreover, Some of the Non-Governmental Organisations (NGOs) questioned the constitutional validity to the FCRA Act 2010 vide the FCRA Amendment Act 2020. particularly sections 7, 12A, 12(1a) and 17(1) being manifestly arbitrary, unjustified, and violating fundamental rights to Non-Governmental Organisations under Articles …

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Gautam Navlakha v. National Investigation Agency

CASE COMMENT CITATION: Criminal Appeal No. 510 of 2021 [Arising Out of SLP (Criminal) No. 1796/2021]. DATE OF THE CASE: May 12, 2021. BENCH/JUDGE: Justice Uday Umesh Lalit & K.M. Joseph. STATUTES/PROVISIONS INVOLVED: The Code of Criminal Procedure, 1973. _______________________________________________________________ FACTS OF THE CASE SECTIONS INVOLVED ISSUES RAISED CONTENTION Arguments from the side of the petitioner: …

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PREM SHANKAR SHUKLA Vs. DELHI ADMINISTRATION

INTRODUCTION  The case of Prem Shankar Shukla v. Delhi Administration serves as a significant judicial examination of the balance between state security measures and the protection of individual fundamental rights in India. The petitioner, Shri Prem Shankar Shukla, challenged the practice of handcuffing prisoners during transit between the jail and the court, arguing that it …

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M.K. Ranjitsinh & Ors. vs. Union of India & Ors.2024

INTRODUCTION SIGNIFICANCE OF THE CASE This specific case of M.K. Ranjitsinh & Ors. vs. Union of India & Ors. is a landmark judgmentin the Indian environmental law. The Supreme Court’s judgment in this provided the importancethat wildlife conservation and how the protection of endangered species is of greatacknowledgement. India is home to many flora and …

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Rajesh @ Sarkari & Anr. V. State of Haryana (2020)

Details Court – Supreme Court of India Bench-Justice Dr D.Y. Chandrachud, Justice Indu Malhotra, and Justice Indira Banerjee Petitioners – Rajesh @ Sarkari & Anr. Respondents – State of Haryana Judgment Date – November 03, 2020 Introduction  The ruling of this case is quite significant. The matter sets a precedent for both the evidentiary and …

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Case Commentary Appellant: Charan Singh @ Charanjit Singh Respondent:State of Uttrakhand

Dated: 20th April, 2023  Court : The Supreme Court of India  Bench :  Justices Abhay S. Oka and Rajesh Bindal  Facts of the case  In this case appellant and the deceased got married in the year 1993, the deceased was residing. On 24.6.1995 deceased father Pratap Singh filed a complaint with P.S Jaspur stating that …

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Case Commentary: Nabi Alam @ Abbas vs State (Govt of NCT of Delhi)

INTRODUCTION The present matter, Nabi Alam v. State (Govt. of NCT of Delhi) was referred to the Division Bench of the High Court of Delhi by the Single Bench of Justice Suresh Kumar Kaith, to resolve the conflict because of two different judgments made on the Similar provisions of Narcotic Drugs and Psychotropic Substances Act, …

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