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07 Apr 2025

Posted by: Manas shrivastava

M Ismail Faruqui (Dr) V. Union of India (1994)

The constitutional validity of the Ayodhya Act was questioned in both the High Court and the Supreme Court. In the landmark case M. Ismail Faruqui (Dr.) v. Union of India, reported in (1994) 6 SCC 360, the Supreme Court decided to hear all the connected petitions together, including those from the High Court. The Court also considered a reference made under Article 143(1) of the Constitution. After the Supreme Court’s judgment, the High Court continued with the civil suits based....

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02 Apr 2025

Posted by: Manas shrivastava

Balaji Raghavan v. Union of India (1996) 1 SCC 361

Balaji Raghavan, a petitioner, approached the Kerala High Court under Article 226 of the Constitution, seeking a writ of mandamus to stop the government from granting National Awards like the Padma Vibhushan and Padma Shri. He argued these awards violated Article 18(1) of the Constitution, which prohibits the state from conferring non-military or non-academic titles. The case involved written submissions from both sides between 1992 and 1994, but no oral arguments or interim orders were made by the Kerala High Court. The matter....

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02 Apr 2025

Posted by: Manas shrivastava

Shantabai v State of Bombay (1958)

Shrimati Shantabai, the petitioner, was granted the right to cut and use wood from certain forests within her husband’s Zamindari through an unregistered document. However, with the enactment of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950, all proprietary rights over such lands were transferred to the State. Despite this, she obtained permission from the Deputy Commissioner under the Act to continue working in the forest and began cutting trees. Subsequently, the Divisional Forest Officer....

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02 Apr 2025

Posted by: Manas shrivastava

Naresh Shridhar Mirajkar vs. State of Maharashtra (1966)

Naresh Shridhar Mirajkar, a journalist at Blitz, wrote an article alleging that businessman Krishnaraj M.D. Thackersey manipulated the import of silk yarn for personal gain, using fabricated documents and black market dealings. Thackersey filed a defamation suit against the magazine. During the trial, defense witness Bhaichand G. Goda supported Blitz’s claims but requested the court to prohibit the publication of his statements, fearing business losses. The court accepted his request and orally barred Blitz from reporting his testimony. When Blitz....

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29 Mar 2025

Posted by: Manas shrivastava

E. Hulton & Co. v. Jones [1910] A.C. 20

In this case, the defendants, who were newspaper publishers, published an article about a fictional character named Artemus Jones who was portrayed as having an affair. However, coincidentally, there was a real person named Artemus Jones who felt that the article defamed him and filed a defamation lawsuit. The Court of Appeal ruled in favour of the claimant, Artemus Jones. The defendants appealed, arguing that they had no intention of referring to the real Artemus Jones, as they were unaware....

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29 Mar 2025

Posted by: Manas shrivastava

Surinder Singh Deswal & Ors. V/s Virender Gandhi & Anr.

The appellants, former partners of Bhoomi Infrastructure Co. (now GLM Infratech Pvt. Ltd.), issued 64 cheques to Respondent No. 1 as part payment of his retirement dues. One cheque of ₹45,84,915, deposited on 06.04.2015, was dishonoured due to insufficient funds, along with the other cheques. Respondent No. 1 filed 28 complaints under Section 138 of the NI Act, leading to the conviction of the appellants by the Judicial Magistrate on 30.10.2018. The appellants appealed and sought suspension of their sentence....

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28 Mar 2025

Posted by: Manas shrivastava

Lily Thomas vs. Union of India Case (2013)

Mrs. Sushmita Ghosh and Mr. Gyan Chand Ghosh got married on 10th May 1985 following Hindu rituals and traditions. However, after just a few months, on 22nd April 1992, Mr. Ghosh informed his wife that he no longer wished to stay with her and insisted on getting a divorce by mutual consent. Since it was a new marriage, Mrs. Sushmita Ghosh was unwilling to consent to a divorce and expressed her desire to continue living with her husband. Later, Mr.....

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28 Mar 2025

Posted by: Manas shrivastava

K. M NANAVATI vs STATE OF MAHARASHTRA (1962)

Commander Kawas Manekshaw Nanavati, an officer in the Indian Navy, was tried for the murder of Prem Ahuja, his wife Sylvia’s lover. In March 1959, Nanavati and his family moved to Bombay, where they met Prem Ahuja, a businessman, through an old friend. While Nanavati was often away on duty, Sylvia began an affair with Prem. She eventually developed feelings for him and asked if he would marry her and take responsibility for her children. However, Prem’s response was evasive,....

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28 Mar 2025

Posted by: Manas shrivastava

Nipun Saxena v Union of India (AIRONLINE 2018 SC 826)

In 2014, a 23-year-old woman was assaulted and murdered, and the Bombay High Court sentenced the accused to death on December 20. However, the media, including prominent outlets like Times Now, Mumbai Mirror, New Indian Express, Hindustan Times, The Hindu, and First Post, revealed the victim's identity and even published her photograph. This was a clear violation of Section 228A of the Indian Penal Code, which prohibits disclosing the identity of assault victims. According to this law, if the victim....

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28 Mar 2025

Posted by: Manas shrivastava

R.M. Malkani vs. State of Maharashtra (1972)

The case of R.M. Malkani vs. State of Maharashtra (1972) arose from a criminal appeal by R.M. Malkani, who was the Coroner of Bombay, challenging his conviction under Section 161 (public servant taking gratification) and Section 385 (putting a person in fear of injury to commit extortion) of the Indian Penal Code (IPC). The case involved allegations of corruption and extortion related to an inquest concerning the death of Jagdishprasad Khandelwal, who died following surgery for acute appendicitis. The hospital....

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