Supreme Court Judgement

Pandemic, Prisoners and Parole

Ashutosh Rajput | Hidayatullah National Law University | 10th May 2020 The Supreme Court in Re: Contagious of Covid-19 Virus in Prisons laid out a suo moto action through the order dated…

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Maintenance cannot be denied to a wife living separately if she has sufficient grounds

Asmita Kuvalekar | Government Law College, Mumbai | 30th April 2020.  SAYGO BAI V CHUEERU BAJRANGI (CRIMINAL APPEAL NO 2169 OF 2010 ARISING OUT OF SLP (CRL) NO 2060 OF 2010)…

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A mere acceptance of rent from an illegal sub-tenant does not create landlord-tenant relationship

Asmita Kuvalekar | Government Law College, Mumbai | 29th April 2020.  VINAYKISHORE PUNAMCHAND MUNDHADA AND ANR V SHRI BHUMI KALPATARU AND ORS (CIVIL APPEAL NO 6299 OF 2010 ARISING OUT OF…

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A check-bouncing complaint against a company must show individual’s role to create vicarious liability

Asmita Kuvalekar | Government Law College, Mumbai | 28th April 2020.  STANDARD CHARTERED BANK V STATE OF MAHARASHTRA AND ORS ETC (CRIMINAL APPEAL NOS 271-273 OF 2016 ARISING OUT OF S.L.P…

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Courts cannot by themselves question the constitutionality of a statute; it must be specifically prayed for by petitioners

Asmita Kuvalekar | Government Law College, Mumbai | 27th April 2020.  JOINT SECRETARY, POLITICAL DEPARTMENT, GOVERNMENT OF MEGHALAYA VS. HIGH COURT OF MEGHALAYA (CIVIL APPEAL NO 2987 OF 2016 @ SPECIAL…

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Courts cannot usurp Speaker’s powers to disqualify Legislators

Asmita Kuvalekar | Government Law College, Mumbai | 26th April 2020.  SPEAKER HARYANA VIDHAN SABHA VS. KULDEEP BISHNOI AND ORS (CIVIL APPEAL NO 7125 OF 2012 ARISING OUT OF SLP (C)…

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Reservation in an Elected Office is Constitutionally Valid

Reservation in an Elected Office is Constitutionally Valid Asmita Kuvalekar | Government Law College Mumbai | 25th April 2020.  DR. K. KRISHNA MURTHY AND ORS VS. UNION OF INDIA AND ANR (WRIT…

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State cannot take away liberties under a mere apprehension of a law and order situation; must create atmosphere conducive to freedom

Asmita Kuvalekar | Government Law College, Mumbai | 19th April 2020.  INDIBILITY CREATIVE PVT LTD AND ORS VS. GOVT OF WEST BENGAL AND ORS (WRIT PETITION (CIVIL) NO 306 OF 2019) …

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Magistrates can order further investigation even after a Chargesheet has been filed

Asmita Kuvalekar | Government Law College, Mumbai | 17th April 2020 VINUBHAI HARIBHAI MALAVIYA AND ORS V THE STATE OF GUJARAT AND ANR (CRIMINAL APPEAL NOS 478-479 OF 2017)  FACTS OF…

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The Application of Principle of Estoppel in the Process in Recruitment

Vatsal Srivastava | Rajiv Gandhi National University of Law, Punjab | 16th April Introduction The principle of estoppel that precludes a person from asserting something contrary to what is implied…

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Judicial Interpretation of Virtual Currency

Daniyal Qureshi | Symbiosis Law School Pune | 15th April 2020 Internet and Mobile Association of India v. Reserve Bank of India FACTS The Reserve Bank of India issued a…

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When male child contracts marriage with a female adult, the remedy is annulment, not punishment

Asmita Kuvalekar | Government Law College, Mumbai | 12th April 2020.  HARDEV SINGH V HARPREET KAUR AND OS (CRIMINAL APPEAL NO 1331 OF 2013)  FACTS OF THE CASE:  Challenging Punjab and…

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Fraud simpliciter is not enough to vitiate arbitration agreements

Asmita Kuvalekar | Government Law College, Mumbai | 12th April 2020.  RASHID RAZA V SADAF AKHTAR (CIVIL APPEAL NO 7005 OF 2019 ARISING OUT OF SLP (C) NO 4061 OF 2019) …

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Anticipatory bail should not be limited to exceptional cases only

Asmita Kuvalekar | Government Law College, Mumbai | 12th April 2020.  SIDDHARAM SATLINGAPPA MHETRE V STATE OF MAHARASHTRA AND OS (CRIMINAL APPEAL NO 2271 OF 2010 ARISING OUT OF SLP (CRL)…

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Ex post facto environment clearances are derogatory to principles of environment law

Shaunak Choudhury | SVKM’s NMIMS Kirit P. Mehta School of Law | 11th April 2020 Alembic Pharmaceuticals v. Rohit Prajapati (2020 SCC OnLine SC 347) Facts  The Ministry of Environment and Forests…

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Habeas Corpus petition can be filed to obtain a Child’s custody

Daniyal Qureshi | Symbiosis Law School Pune | 12th April 2020 Tejaswini Gaud and Ors v. Shekhar Jagdish Prasad Tewari and Ors. Facts  Father, Respondent No.1 of the child Shikha,…

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‘Information contained in a document is a ‘Corporeal Property’ and can be a subject matter of theft’

Yukti Gupta | Vivekananda Institute of Professional Studies | 11th April 2020 BIRLA CORPORATION LIMITED VS. ADVENTZ INVESTMENTS AND HOLDINGS LIMITED & OTHERS AIR 2019 SC 2390 FACTS-  The accused…

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Freedom of the Press in India in times of the Pandemic

Vatsal Srivastava | Rajiv Gandhi National University of Law, Punjab | 8th April 2020 Introduction The entire world has been under the drastic effect of the Coronavirus for more than…

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The seat of the arbitration is akin to a jurisdiction clause

Daniyal Qureshi | Symbiosis Law School Pune | 8th April 2020 Mankastu Impex Private Limited v. Airvisual Limited The Supreme Court of India MANU/SC/0283/2020 Facts  The petitioner herein entered into an…

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Plea in SC seeks establishment of Central School in every Tehsil

Kosha Doshi | Symbiosis Law School, Pune | 6th April 2020 Ashwini Kumar Upadhyay vs Union Of India [Petition for Special Leave to Appeal (C) No.29274/2019; Supreme Court] Facts:             With…

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Case under section 18 of the NDPS act cannot be disposed on the ground that chain of evidence was incomplete

Yugashree | School of Law Sastra University, Thanjavur | 7th April 2020 Surinder Kumar vs. State of Punjab Facts: The appellant accused of an offense punishable under Section 18 of the…

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Order of Karnataka CM was set aside as there was no valid reasons recorded for exercise of doctrine of pleasure

Yugashree | School of Law Sastra University, Thanjavur | 5th April 2020 B K Uday Kumar vs. State Of Karnataka Facts The Karnataka Power Transmission Corporation Limited is a company owned…

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Prohibition of Telecasting of Dubbed Content on Regional Channels by Film Trade Associations amounts to an Anti-Competitive Agreement.

Geethika Satti | ILS Pune | 3rd April 2020 CCI v. Co-Ordination Committee of Artists and Technicians of W.B Film and Television and Ors. Facts of the Case: M/s BRTV,…

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All criminal cases are subject to trial by the Courts set out in paragraph 4 of the 6th Schedule of the constitution irrespective of the facts of the case

Yugashree | School of Law Sastra University, Thanjavur | 2nd April 2020 The State of Meghalaya vs. Melvin Sohlangpiaw Facts: A person who belongs to Khasi Scheduled Tribe was found dead…

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SOCIAL-MEDIA INFLUENCERS AND FREEDOM EXPRESSION: AN COMMERCIAL INTERFACE

Vatsal Srivastava | Rajiv Gandhi National University of Law, Punjab | 31st March 2020 Introduction In a relatively novel phase of the Digital Era, the entire internet user base comprises…

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