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Judgments and Orders

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 |   2951 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 |   2419 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 |   1241 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 |   1784 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 |   1316 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 |   1390 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 |   891 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 |   2021 hits

Mukesh & Anr v. State for NCT of Dellhi & Ors - SLP in Delhi Gangrape Case

 04 October 2020

In view of the preceding analysis, the appeal was dismissed. The Court held that the brutal, barbaric and diabolic nature of the crime was evincible from the acts committed by the accused persons...

Posted in Constitutional Law |   3604 hits

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

 04 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 death...

Posted in Constitutional Law |   25295 hits

Joseph Shine v. UOI (2017) - Adultery no Longer a Criminal Offense

 04 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 Constitutional Law |   1563 hits

Teesta Chattoraj v. UOI (2011) - Consent of Natural Father for Giving Child in Adoption

 03 October 2020

The petition was dismissed leaving it open to the petitioner to comply with the objections raised by the RPO and to resubmit her application with the correct details, inter alia, with regard to her parentage. The parties were left to bear their respe..

Posted in Others |   2920 hits

Shrimati Asoka Mukherjee v. Gandhi Das (2002) - Evidence to Justify Suspicious Circumstances

 03 October 2020

In the absence of evidence of valid adoption, including proof of giving and receiving, and in the view of Sabitri Bala's subsequent conduct and that of defendant No. 1, he rejected his assertion of acceptance. In the matter of his supposed adoption b..

Posted in Others |   1236 hits

Nemichand Shantilal Patni v. Basantabai (1994) - Adoption u/s 11(iv) HAMA

 03 October 2020

The Bombay High Court held that both the Courts below had rightly held that the plaintiff cannot be held adopted son of Kundanbai and he has been rightly denied his succession to the properties of Kundanbai...

Posted in Family Law |   3638 hits

Narinderjit Kaur v. UOI & Anr (1997) - Adoption 'Under Authority' of Parents

 03 October 2020

The court held that the child can be adopted "under the authority" of the parents. The adoptive mother had executed a valid Power of Attorney authorising her attorney to take the petitioner in adoption on her behalf...

Posted in Others |   2890 hits

Manoj Kumar v. Champa Devi (2020) - Wife May Claim Maintenance Despite Divorced on the Ground of Desertion

 03 October 2020

The Supreme Court rejected the Special Leave petition filed by the husband and observed that For the last two decades, Section 125 of the Code of Criminal Procedure, including the explanation referred to in subsection (1) thereof, has been consisten..

Posted in Family Law |   3150 hits

Madan Lal v. Mst. Gopi & Anr (1980) - Evidence Incapable of Supporting more than One Evidence

 03 October 2020

The Court declared the appeal to be failed and dismissed it. There was no order as to costs. The court further mentioned that once the judgment was properly understood there was no charter for inference by the High Courts with findings of facts recor..

Posted in Others |   1485 hits

M. Gurudas v. Rasaranjan (2006) - Giving & Taking in Adoption

 03 October 2020

The court held that, prima facie, Nirmala does not appear to have been adopted by Obalappa which is evident from the deed of gift executed by him. Even in the transfer deed executed by Kadarappa, Nirmala was described as a foster daughter of Obalappa..

Posted in Others |   6311 hits

Sampurna Behura v. UOI & Ors (2018) - Implementation of J J Act

 03 October 2020

The Supreme Court held that the State needs to make sure that the JJ Act is implemented in a proper manner in order to cater to the needs of the children in the society...

Posted in Others |   9172 hits

Kumar Sursen v. State of Bihar (2020) - Adoption of Muslim Child by Hindu Parents

 03 October 2020

When considering all the matters in-depth, the court noted that Section 6 of the Hindu Adoption and Maintenance Act, 1956, permits the adoption of a Hindu child alone by a Hindu. The law does not accept the adoption of any person other than a Hindu b..

Posted in Constitutional Law |   3962 hits