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Judgments and Orders

Nemai Mandal & Anr v. State of W. B. (2000) - Life Imprisonment or Death Penalty?

 13 October 2020

The Supreme Court dismissed the appeal of reducing the life sentence in comparison to the one year served as simple imprisonment and held that “the degree of brutality surrounding the occurrence may not by itself be regarded as sufficient to push the..

Posted in Others |   1270 hits

Belize v. France - Jurisdiction of International Tribunal for the Laws of the Sea

 12 October 2020

The International Tribunal for the Laws of the Sea ruled that the documentation presented on behalf of the Grand Prince failed to establish that Belize was the flag state of the vessel when it submitted its Application Form. This Tribunal stated that..

Posted in Constitutional Law |   1417 hits

Zee Telefilms ltd & Anr v. UOI & Ors (2004) - Is BCCI a State?

 10 October 2020

The Supreme Court held that "the writ petition under Article 32 is maintainable only against a state defined under Article 12 of the Constitution and hence maintainable though BCCI is not a State within the meaning of Article 12."..

Posted in Constitutional Law |   3251 hits

Marico ltd v. Abhijeet Bhansali (2019) - Freedom of Speech and Expression of YouTuber

 08 October 2020

The Court was satisfied that the Plaintiff has made a prima facie case for grant of interim reliefs. The balance of convenience was in favour of the Plaintiff. ..

Posted in Others |   3339 hits

State of Gujarat v. Keshavlal Maganbhai Jogani (1992) - Physical Obstruction for Proving Wrongful Confinement

 07 October 2020

It held that the only allegation about the confinement is addressing of words 'asking the two officers to sit and not to leave the house till the complainant returns'. There is no allegation that any force was displayed...

Posted in Others |   3006 hits

Dr. Mrs. Nupur Talwar v. State of UP & Anr (2017) - Aarushi Talwar Murder Case

 07 October 2020

The court acquitted the parents of Aarushi Talwar, calling the evidence against them unsatisfactory and severely criticizing the police, CBI and the media for not having investigated the murder properly...

Posted in Criminal Law |   11181 hits

TK David v. Kuruppampady (2020) - SLP Against HC Order cannot be Entertained When Main Judgment is not Challenged

 07 October 2020

Most recently on October 5, 2020, a three Judge Bench of the Supreme Court comprising of Justice Ashok Bhushan, Justice R Subhash Reddy and Justice MR Shah in a latest, landmark, learned and laudable judgment titled TK David vs Kuruppampady Service..

Posted in Others |   1327 hits

Arjun Singh v. STate of WB & Ors (2020) - Ban On Mobile In Hospitals

 07 October 2020

It is quite relaxing, quite refreshing, quite rejuvenating and quite remarkable to note that the Calcutta High Court has just recently on 30 September, 2020 in Arjun Singh Vs. The State of West Bengal & Ors. in WPA 5374 of 2020 and 3 others in exerci..

Posted in Others |   929 hits

Naib Singh v. State of Punjab (1986) - Offence Committed u/s 326 or u/s 324 of the IPC?

 06 October 2020

The High Court dismissed the appeal & upheld convicting the appellant under Section 326 of the Indian Penal Code. ..

Posted in Others |   2697 hits

Sakshi v. UOI (2004) - Sexual Abuse of Children & Women by Penetration other than Penile/Vaginal Penetration

 06 October 2020

The Court disposed of the writ petitionwith following directions that “Section 327 (2) Cr.P.C i.e. Notwithstanding anything contained in sub- section (1), he inquiry into and trial of rape or an offence under section 376, section 376A, section 376B, ..

Posted in Others |   3277 hits

Mohammad Rafi v. Emperor - Concealing of Self to Commit an Offence or Merely to Escape Arrest?

 06 October 2020

It is certain that if nothing had been found on him, he could not have been ordered to give security under Section 109(a). A person cannot be bound down under this clause merely because he is afraid of arrest or because he is making a nuisance of him..

Posted in Others |   1782 hits

NAZ foundation v. Government of NCT of Delhi & Ors. (2009) - Criminalization of Consensual Gay Sex Violates Article 21

 06 October 2020

The case came up for hearing before a bench comprising Chief Justice Ajit Prakash Shah and Justice S. Muralidhar, and the judgment was delivered on 2 July 2009. The Court located the rights to dignity and privacy within the right to life and liberty ..

Posted in Others |   3147 hits

DK Basu v. State of Bengal (1997) - Custodial Violence & Death by Police

 06 October 2020

The court issued a list of 11 guidelines in addition to the Constitutional and Statutory safeguards which were to be followed in all cases of arrest and detention...

Posted in Constitutional Law |   2480 hits

Reg v. Govinda (1877) - Sections 299 & 300 IPC Analyzed

 06 October 2020

The Lordship had brought forward the differences between Section 299 and 300 of the IPC.The court had stated that there was absence of intention. In both, Section 299 and 300, the key element is that there should be an intention of causing the death...

Posted in Constitutional Law |   2168 hits

Joseph Shine v. UOI (2018) - Adultery No More A Criminal Offence

 06 October 2020

The judgement given by CJI Deepak Mishra started with the statements proving that wives are not the property of the husbands and husbands are not their masters...

Posted in Others |   1045 hits

Navtej Singh Johar & Ors v. UOI (2018) - S. 377 IPC Declared Unconstitutional

 06 October 2020

On 6 September 2018, the court delivered its unanimous verdict, declaring portions of the law relating to consensual sexual acts between adults unconstitutional. ..

Posted in Constitutional Law |   1664 hits

Hem Chand v. State of Haryana (1995) - Extreme Punishment in the Rarest of Rare Cases

 06 October 2020

On considering all the matters in detail the court observed for this case, it should be accepted that it was an unnatural death. Though the case rests on circumstantial evidence, the presumption under Section 113-B of the Evidence Act has rightly bee..

Posted in Others |   1251 hits

Thakorlal D. Vadgama v. State of Gujarat (1973) - Scope of S. 366 IPC

 06 October 2020

On considering all the matters in detail the court took into consideration the circumstances in which the appellant and Mohini came close to each other and how he started to have given her presents and tried to be intimate with her. These circumstanc..

Posted in Others |   1315 hits

Satish @ Subba v. State of UP (2020) - Premature Release can't be Denied on the Basis of Gravity of Original Crime or Length of Sentence

 05 October 2020

In a well-analysed, well-worded, well-framed, well-articulated and well-reasoned judgment titled Satish @ Sabbe vs. The State of Uttar Pradesh with Special Leave Petition (Crl.) No. 8326 of 2019 delivered as recently as on 30 September 2020, a thre..

Posted in Others |   828 hits

State of Andhra Pradesh v. Gangula Satya Murthy (1996) - Case of Rape & Murder by Throttling of Neck

 04 October 2020

The Supreme Court mentioned that, it could not resist to express the distress that the High Court had chosen to advance fragile reasons to upset a well-reasoned conclusion by the trail court that the deceased was throttled to death..

Posted in Constitutional Law |   1924 hits







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