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Judgments and Orders

Sheela Suryavanshi v. State of H.P. & Ors (2020) - Mala Fide Transfer of Employees

 19 October 2020

In a well-reasoned, well-analysed, well-balanced and well-articulated judgment, a two Judge Bench of the Himachal Pradesh High Court comprising of Justice Tarlok Singh Chauhan and Justice Jyotsna Rewal Dua in Sheela Suryavanshi v. State of H.P. & ..

Posted in Others |   1414 hits

Jamuna v. Secretary To Govt., GOI & Ors (2020) - Contesting of Elections by Criminals

 19 October 2020

It is most refreshing, most reassuring and most remarkable that the Madras High Court has just recently on 13 August 2020 in a well-reasoned, well-articulated, well-worded, well-analyzed and well-balanced judgment titled Jamuna Vs 1. The Secretary t..

Posted in Others |   2101 hits

Macchi Singh v. State of Punjab (1983) - Identifying 'Rarest of Rare' Cases

 19 October 2020

The circumstances of the case do reveal that it was a cold- blooded murder and the victims were helpless and undefended. The offence committed was of an exceptionally depraved and heinous character. The court uphold the view concurrently taken by the..

Posted in Others |   8511 hits

Sunil Batra v. Delhi Administration (1980) - Fundamental Rights of Prisoners

 19 October 2020

Court, in conclusion, held that Prem Chand has been tortured illegally and the Superintendent cannot absolve himself from responsibility even though he may not directly be a party. The supreme court directed the Superintendent to ensure that no corpo..

Posted in Constitutional Law |   4586 hits

Anga Reddy v. Basamma (2004) - Partition of Estate

 19 October 2020

The courts have to effect partition and allot shares to the parties after receipt of report from revenue officials or court commissioners. Therefore the courts have to issue warrant to the court commissioners asking them to propose partition as per p..

Posted in Others |   1204 hits

R v. Tolson (1889) - 2nd Marriage on Belief of Death of Husband

 15 October 2020

The appeal court said that despite the absence of words such as "knowingly committing bigamy" or "intentionally committing bigamy", which would have excused her, Ms. Tolson was saved in this situation by an old common law rule...

Posted in Others |  1 comments |   54088 hits

Regina v. Dudley & Stephens (1884) - Is necessity a defense for murder?

 15 October 2020

The Court held that "the necessity of hunger does not justify larceny, let alone murder. Stephens and Dudley chose the weakest and youngest to kill and it was not more necessary to kill him than any of the other grown men.Stephens and Dudley were tem..

Posted in Others |   3728 hits

Sangeet & Anr v. State of Haryana (2011) - Life Imprisonment or Death Penalty?

 13 October 2020

The Supreme Court allowed the appeal and held that “Given these conclusions, we are of the opinion that in cases such as the present, there is considerable uncertainty on the punishment to be awarded in capital offences - whether it should be life im..

Posted in Others |   3195 hits

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 |   1312 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 |   1513 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 |   3355 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 |   3392 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 |   3144 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 |   11456 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 |   1374 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 |   966 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 |   2764 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 |   3311 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 |   1811 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 |   3219 hits