Case Comment

Table of Contents ABSTRACT ………………………………………………………………………………………………………….2 INTRODUCTION ………………………………………………………………………………………………….2 FACTS OF THE CASE…………………………………………………………………………………………3 ISSUES RAISED IN THE CASE…………………………………………………………..4 CONTENTION…………………………………………………………………………………………………..6 RATIONALE………………… ………………………………………………………………………………..7 DEFECTS SEEN IN THE CASE ………………………………………………………………………………7 INFERENCE…………………………………. …………………………………………………………..9 REFERENCES………………………………………………………………………………9 ABSTRACT “Right to health has found its apt place as an ingredient of the sacrosanct and topmost right to life in the scheme of fundamental rights within …

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Alla Baksh Patel v. State of Karnataka, CRIMINAL PETITION NO. 1995 OF 2022, decided on 04-06-2024

Karnataka High Court denies request to dismiss FIR for causing offense to a woman’s modesty by writing her phone number on a toilet wall. I. Advocates who appeared in this case: For petitioner- Tejas N., Advocate  For respondents- B. N. Jagadeesh, Addl. Spp For R1; R Gopala Krishnan, Advocate For R2. II. Judge(s): Hon’ble Mr. …

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SUPREME COURT OF INDIA Manoharan vs State By Inspector of Police AIR 2019

Date of Judgement 7th November 2019 Petitioner Manoharan Respondents State by inspector Police Variety Hall Police Station, Coimbatore Bench Fali Nariman, Sanjiv Khanna and Surya Kant 1.Facts of the case 2.Issues 3.Analysis  3.1 Contentions of the petitioner Firstly, the petitioner contended that whatever confessional statement was given by him was not voluntary at all in …

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COX V. TEXAS (2023)

FACTS Kate Cox, a 31-year-old Texas woman who is blessed with two children had filed a lawsuit against the state of Texas. She has asked the court to declare that she had a right to abortion, when she learned that her fetus of 20 weeks had a genetic condition (Edwards syndrome) which causes death of …

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CASE TITLE: BILKIS YAKUB RASOOL VERSUS UNION OF INDIA

Court No-6 Bench: HON’BLE JUSTICE B.V NAGARATHNA          HON’BLE JUSTICE UJJAL BHUYAN Item No- 08 (Crl.) No.118 Of 2003 Case details:  The petitioner of this case, Bilkis Yakub Rasool was brutally and mercilessly gang-raped namely, during the Gujrat communal riot in 2002, who was 5 months pregnant at the time of this fiendish circumstance and also …

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CASE COMMENTARY Shilpa Sailesh vs Varun Sreenivasan on 1 May, 2023

Citation-TRANSFER PETITION (CIVIL) NO. 1118 OF 2014.. Bench – The judgment was given by the constitutional bench which comprised of, Justice Sanjiv Khanna , ,Justice Vikram Nath ,Justice Jk Maheshwari Justice Sk  Kaul and Justice As Oka Jha Brief facts – The case highlighted the matter where the respondent Shipla Shailesh and the appellant Varun …

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INDIAN EX-SERVICEMEN MOVEMENT V. UNION OF INDIA   2023 INSC 219

FACTS  On June 9, 2016, the Indian Ex-Servicemen Movement—an “All India Federation of Ex-Servicemen’s organizations”—as well as individual veterans of the Indian Army, Navy, and Air Force filed a petition under Article 32 of the Constitution with the Supreme Court to challenge the “One Rank One Pension policy” (OROP) for former members of the Defense …

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CASE COMMENT: SHRI MARTHANDA VARMA (D) TH. LR. VS STATE OF KERALA (2020)

CITATION Civil Appeal No. 2732 of 2020 DATE OF THE JUDGMENT July 13, 2020 BENCH  2-Judges Bench comprising Justice Uday Umesh Lalit & Justice Indu Malhotra BACKGROUND FACTS ISSUES RAISED CONTENTIONS JUDGEMENT (RATIONALE) Thus; the Hon’ble Supreme Court overruled the judgment of the Kerala High Court & decided the case, in favour of the Royal …

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Entry of women into Sabarimala Temple: Kantaru Rajeevaru Vs. Indian Young Lawyer Association

Bench- Chief Justice of India (the then CJI) Ranjan Gogoi and members Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra Background of the Case The Sabarimala Temple[1] in Kerala, dedicated to Lord Ayyappa,[2] historically prohibited women of menstruating age (10-50 years) from going in the temple due to the belief that menstruating females are …

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CRIMINAL JUSTICE

ABSTRACT The criminal justice system provides the mean, or framework, for enforcing laws, adjudicating criminal offenses, and protecting public safety. This article is the first to provide a comprehensive review of the many aspects of the justice system, including police prosecution and corrections, with the primary focus on systemic barriers and reforms. Zeroed in on …

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Birla Corporation Ltd. v Adventz investments and Holdings Ltd, 2019

FACTS The given appeal arose from the judgement delivered by the High Court of Calcutta in 2015, in which the court quashed the complaint of the Appellant under Sections 379, 403 and 411 of the IPC. Furthermore, the appeals arise from a criminal complaint filed by the Appellant company, now under the control of Respondent …

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Case Comment: Govt. of NCT of Delhi vs. Union of India (2023)

Background 1. Facts 2. Issues Raised 3. Contentions Contentions of Appellant (Delhi Government): The appellants, the Government of NCT of Delhi, contended that the elected government should have substantial control over the administrative and legislative affairs of Delhi, barring the explicitly reserved domains of land, police, and public order. They argued that under Article 239AA …

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

FACTS: The appellant, a 25-year-old unmarried Manipur permanent resident, became pregnant after embarking on a consensual relationship. Because “her partner had refused to marry her at the last stage,”[1] she wanted an abortion. She had a negative outlook on the stigma and harassment that come with being an unmarried single parent in society, particularly for …

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VIKASH KUMAR VS UNION PUBLIC SERVICE AND ORS.

Respondents:   Union Public Service Commission and ORS. Appellant:  Vikash Kumar Facts of the Case: Issues: Contention: Vikash Kumar Vikash Kumar’s arguments emphasised on the definition of disability and its inclusivity. He argued that dysgraphia falls under the definition of a disability under the act. He highlighted that act’s definition covers a variety of disabilities …

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CASE COMMENT: Shailendra Mani Tripathi v. Union of India and Ors.

Date of the judgment: February 24, 2023  Citation: Writ petition (civil) No. 172/2023 Petitioner: Adv. Vishal Tiwari, AOR. Abhigya Kushwaha, Adv. Sunita Yadav, Adv. Shailendra Mani Tripathi, Adv. Rahul Kumar, Adv. Manisha, Adv. Upendra Mani Tripathi, Adv. Aakar Shrivastav, Adv. Abhishek Jaiswal, Adv. Rajvardhan Singh.       Respondent: Union of India and Ors. Bench: Hon’ble Chief Justice …

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CASE COMMENTARY The Secretary, Ministry of Defence V. Babita Puniya & Ors(2020) 7 SCC 469

Civil Appeal Nos: 9367-9369 of 2011  Hon,ble Supreme Court of India Bench: Dr. DY Chandrachud (CJI), and Justice Hemant Gupta FACTS: In 1992, the Central Government issued a notification that permitted females to be appointed to certain selective cadres of the army, such as Short Service Commissions (SSC), Regiment of Artillery, Intelligence Corps, Army Service …

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Birla Corporation Ltd. v Adventz investments and Holdings Ltd, 2019

FACTS The given appeal arose from the judgement delivered by the High Court of Calcutta in 2015, in which the court quashed the complaint of the Appellant under Sections 379, 403 and 411 of the IPC. Furthermore, the appeals arise from a criminal complaint filed by the Appellant company, now under the control of Respondent …

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CASE COMMENTARY SATVINDER SINGH SALUJA AND OTHERS V STATE OF BIHAR, AIR (2019) 7 SCC 89

APPELLANTS: Satvinder Singh Saluja and Others RESPONDENT: State of Bihar BENCH/JUDGE: K Joseph and A Bhushan DATE OF JUDGEMENT: 01 /07/2019 LEGAL PROVISIONS: Constitution of India, Bihar Excise (Amendment) Act, 2016, Bihar Prohibition and Excise Act, 2016. INTRODUCTION The case is an appeal filed by the appellants (accused), before the decision of Hon’ble Supreme Court of India against the Patna …

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Revanasiddappa v. Mallikarjun, 2023 SCC OnLine SC 1087

INTRODUCTION: Revanasiddappa v. Mallikarjun is a landmark decided by the Supreme Court of India on the interpretation of Section 16 of the Hindu Marriage Act, 1955 (HMA) and what it means for the right to inherit and legitimacy of children born from void or voidable marriages.Importance: This case is important because it addresses the rights of …

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CASE COMMENT: Shailendra Mani Tripathi v. Union of India and Ors.

Date of the judgment: February 24, 2023   Citation: Writ petition (civil) No. 172/2023 Petitioner: Adv. Vishal Tiwari, AOR. Abhigya Kushwaha, Adv. Sunita Yadav, Adv. Shailendra Mani Tripathi, Adv. Rahul Kumar, Adv. Manisha, Adv. Upendra Mani Tripathi, Adv. Aakar Shrivastav, Adv. Abhishek Jaiswal, Adv. Rajvardhan Singh.        Respondent: Union of India and Ors. Bench: Hon’ble Chief Justice …

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SATENDER KUMAR ANTIL Vs CBI AND ANR:ANALYZING THE JUDICIAL PANORAMA  OF BAIL IN INDIA

INTRODUCTION  A stringent course of action curtails the liberty of a person, Arrest is no way exception to that. The notion of Bail is the quintessence of this case. The case was approached to the Supreme Court via Special Leave Petition. One of the spotlit in this case was the Guidelines issued for Investigation team …

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CASE COMMENT ROHIT CHOUDHARY & ANR. V. M/S. VIPUL LTD.

Civil Appeal Case No.- 5858 of 2015 Appellant- Rohit Choudhary & ANR Respondent- Vipul Ltd. Judges- Hon’ble Judges Aarvind Kumar and S. Ravindra Bhat Order Date- 06/09/2023 Facts Issues Raised Contention Appellant’s Contention The Appellants were represented by Learned Counsel Shri Digendra Sharma, Niharika Dubey, Mr. Anubhav Bhandari, and Mr. Ajay Kumar Singh. The Counsel …

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Entry of women into Sabarimala Temple: Kantaru Rajeevaru Vs. Indian Young Lawyer Association

Bench- Chief Justice of India (the then CJI) Ranjan Gogoi and members Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra Background of the Case The Sabarimala Temple in Kerala, dedicated to Lord Ayyappa, has traditionally barred women between the ages of 10 and 50 from entering, based on the belief that menstruating women are …

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CASE DETAILS Case Name: Vivek Narayan Sharma v Union of India

Case Number: WP (C) 906/2016 Petitioners: Vivek Narayan Sharma Respondent: Union of India FACTS On November 8, 2016, Prime Minister Narendra Modi made a startling announcement that shook the nation: Rs. 500 and Rs. 1000 currency notes, which made up Rs. 15.44 lakh crore or 86.9% of the total currency in circulation, were declared invalid and would …

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CASE COMMENT  Travancore Devasom Board vs Ayyappa Spices & Ors

Petitioner: Travancore Devasom Board Respondents: Ayappa Spices & Ors  Citation: [2024] 3 S.C.R. 363 2024 INSC 183 The case was first filed in the Kerala High Court, then an appeal was submitted in the Honourable Supreme Court. It deals with the issues of procurement of cardamom and quality control. Cardamom is used to prepare Aravana …

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IN THE SUPREME COURT OF INDIA Priya Indoria v/s State of Karnataka

CRIMINAL APPELLATE JURISDICTION INTRODUCTION: Transitory anticipatory bail is incorporated as a safeguard under Section 438 of the Code of Criminal Procedure, 1973, despite the latter’s main focus being centred upon the granting of mere “anticipatory bail,” a rather expansive form of protection. Prior to 1973, courts determined judgments about the granting of anticipatory bail as …

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X v. Principal Secretary, Health and Family Welfare, Govt of NCT Delhi

(Civil Appeal No 5802 of 2022) (Arising out of Special Leave Petition (Civil) No. 12612 of 2022) FACTS: In the pertaining matter, the appellant, a 25-year-old woman from Manipur and a graduate with a BA degree residing in Delhi, comes from a farming background and is the eldest of five siblings. The current issue involves …

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Indian Ex Servicemen Movement vs Union of India(Writ Petition (Civil) No. 419 of 2016)2022 (3) SCJ 250 (SC) [DB]

Facts: In 1973, the third central pay commission introduced by the Indira Gandhi-led government aimed to standardize pensions for civilians and retired army personnel. This decision significantly impacted ex-servicemen’s pension scales, creating disparities. The “One Rank, One Pension” (OROP) scheme emerged as a demand for uniform pensions across retired armed forces personnel, irrespective of retirement …

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 NOEL HARPER & ORS.                                                 …PETITIONERS 

VERSUS UNION OF INDIA & ANR.                                                   …RESPONDENTS  WITH WRIT PETITION (CIVIL) NO. 634 OF 2021 AND WRIT PETITION (CIVIL) NO. 751 OF 2021 Bench:  FACTS: “National Worker Welfare Trust” (NWWT) …

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Janhit Abhiyan vs Union of India

                                    Writ Petition (Civil) no. 55 of 2019                                                2022 SCC online SC 1540 Facts: On 14th January 2019, the Government of India amended Articles 15 & Article 16 of the Indian Constitution and added clauses 15(6) and 16(6). Articles 15 and 16 of the Constitution give power to the state to make special provisions for socially …

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Common Cause v. Union of India (Electoral Bonds Scheme) 2024

Introduction:  Facts of the case:  Issues Raised: Contentions: Arguments in favour:  Arguments against:  Additionally, they contend that the program offers corporate donors, who can now give indefinitely without revealing their identities, unfair power. Important Provisions  Supreme Court’s Decision:  Relevance In the field of Law:  Establishes precedence for Campaign Finance Regulations: The ruling rendered by the …

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

FACTS: The appellant, a 25-year-old unmarried Manipur permanent resident, became pregnant after embarking on a consensual relationship. Because “her partner had refused to marry her at the last stage,” she wanted an abortion. She had a negative outlook on the stigma and harassment that come with being an unmarried single parent in society, particularly for …

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Supriyo Chakraborty & Anr. vs. Union of India 2022

Introduction In ancient Indian society, the attitude towards homosexuality was very liberal and tolerant. The idea of same-sex relations was viewed as something completely natural and these relations were practiced openly. There was no concept of ‘shame’ in homosexuality. From ancient texts like Ramayana and Mahabharata to sculptures observed in the temples of Khajuraho, there …

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CASE COMMENTARY SHANTI CONDUCTORS PVT LTD V ASSAM STATE ELECTRICITY BOARD AND ORS. 

CASE NAME: SHANTI CONDUCTORS PVT LTD V ASSAM STATE ELECTRICITY BOARD AND ORS.  CITATION: [2019] 16 SCR 25 BENCH: HON’BLE JUSTICE DR. A. K. SIKRI, HON’BLE JUSTICE ASHOK BHUSHAN, HON’BLE JUSTICE S. ABDUL NAZEER PARTIES INVOLVED: FACTS:  1. Shanti Conductors (P) Ltd. (Appellant) The appellant is a Private Limited Company that is registered in Kokrajhar, …

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CASE COMMENT- Haji Abdul Gani Khan and Another vs Union of India and Others, 2023

FACTS The President of India on 5th and 6th August 2019 issued two Constitutional Orders under Article 370 (1) of the Constitution of which one declared all provisions of the Constitution including its amendments to be applicable to the State of Jammu and Kashmir subject to modifications to Article 367 and the other abrogated Article 370, respectively. …

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Bhim Rao Baswanth Rao Patil v. K. Madan Mohan Rao & Ors, 2023

Facts  Issue  Contentions  Plaintiff’s Arguments:  Defendant’s Arguments:  Rationale In its ruling, the Supreme Court highlighted the voter’s right to be fully informed regarding the backgrounds of electoral candidates, emphasizing transparency as essential for making informed voting decisions.  The court took into consideration two important sections of the Representation of People Act, 1951. Firstly; Section 8 …

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CASE COMMENTARY SHRIRAM CHITS (INDIA) PRIVATE LIMITED PREVIOUSLY KNOWN AS SHRIRAM CHITS (K) PVT. LTD V. RAGHACHAND ASSOCIATES

DATE OF JUDGEMENT (HONOURABLE SUPREME COURT) (CIVIL APPELLATE JURISDICTION) 10th May ,2024 BENCH– Hon’ble Justice Pamidighantam Sri Narasimha and Justice Aravind Kumar. CASE NO. Special Leave Petition (Civil) No.15290 OF 2021 FACTS OF THE CASE The given case judgement revolves around the dispute between Shriram Chits (India) Limited (‘OP’/ ‘service provider’ used interchangeably, here as …

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PRAKASHCHANDRA JOSHI V. KUNTAL PRAKASHCHANDRA JOSHI  @ KUNTAL VISANJI SHAH

Court: Supreme Court of India Bench: J. Prashant Kumar Mishra and J. B.R. Gavai Parties: Judgment Date: January 24, 2024 INTRODUCTION:  In the case of Prakashchandra Joshi v. Kuntal Prakashchandra Joshi, the supreme court of India answered one of the most important legal questions relating to marital relations. This case involves Prakashchandra Joshi and Kuntal …

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