Navtej Singh Johar vs Union Of India
In this seminal Judgment the Hon’ble Supreme Court struck down the draconian law targeting same sex relationship. This formalistic interpretation of Article 15 would render the constitutional guarantee against discrimination meaningless. For it would allow the State to claim that the discrimination was based on sex and another ground (‘Sex plus’) and hence outside the […]
Laxmi Raj Shetty vs State Of Tamil Nadu
As to the first the accused Laxmi Raj Shetty was entitled to tender the newspaper report from the Indian Express of the 29th and the regional newspapers of the 30th along with his statement under s. 313 of the Code of Criminal Procedure, 1973. Both the accused at the stage of their defence in denial […]
Sagufa Ahmed Vs. Upper Assam Plywood Products Pvt. Ltd
“But we do not think that the appellants can take refuge under the above order. What was extended by the above order of this Court was only “the period of limitation” and not the period upto which delay can be condoned in exercise of discretion conferred by the statute. The above order passed by this […]
Randel Vs W
Landmark Judgment, in regards with the duty of an Advocate. “The Counsel has time and again to choose between his duty to his client and his duty to the Court. This is a conflict often difficult to resolve; and he should not be under pressure to decide it wrongly. Whereas, when the Advocate puts his […]
Union Of India Vs G.S. Chatha Rice Mills
In interpreting the statute, the court is guided by the terms of its provisions, the purpose underlying their adoption and the scheme which emerges from interrelated provisions and the nature of the provision. The court in the present case is interpreting the terms of a fiscal levy. The court here has to construe the scheme […]
R.V. Bhupal Prasad Vs State Of Andhra Pradesh
Hon’ble Supreme Court on Tenancy at sufferance. Tenant at sufferance is one who comes into possession of land by lawful title, but who holds it by wrong after the termination of the term or expiry of the lease by efflux of time. The tenant at sufferance is, therefore, one who wrongfully continues in possession after […]
Krishan Kumar Vs SDM Rohini
Hon’ble Supreme Court on refund of un-utilized stamp. In the present case, the event of charge of collecting court fee has not occurred as the petitioner claims that he did not file the Suit for the purposes of which the e-stamp paper was purchased. Therefore, there was no authority with the State to retain the […]
In Re: Distribution of Essential Supplies and Services During Pandemic
Hon’ble Supreme Court on limitations of the digital system, and the inability of masses to reach the ground. Wherein marginalized are people worst affected due to limitation of digital means reaching them. “There exists a digital divide in India, particularly between the rural and urban areas. The extent of the advances made in improving digital […]
The State of Bihar Vs Basawan Singh
Hon’ble Supreme Court on whether Bribe Giver could be considered an accomplice in a corruption case? What is the evidentiary value of the Bribe Giver in the trial? The correct rule is this : if any of the witnesses are accomplices who are particeps criminis in respect of the actual crime charged, their evidence must […]
Gian Singh Vs State Of Punjab
Hon’ble Supreme Court on quashing of Criminal cases held that the cases having predominantly civil flavor can be easily quashed down by the Court. But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such […]