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16 Jun 2025

Posted by: Manas shrivastava

Just Rights for Children Alliance v. S. Harish (2024 INSC 716)

  In January 2020, the police were informed that the accused had been watching and downloading child sexual exploitation material on his mobile phone. A forensic examination of his phone confirmed the presence of such material. The police charged him under: Section 67B of the IT Act, which punishes publishing, transmitting, or storing child sexual content. Section 14(1) of the POCSO Act, which penalizes using children for making pornographic material. However, as there was no proof that he personally created....

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13 Jun 2025

Posted by: Manas shrivastava

PUCL v. Union of India: The NOTA CASE 2013

In this case, the People’s Union for Civil Liberties (PUCL) filed a writ petition under Article 32 of the Indian Constitution, challenging the constitutional validity of Rules 41(2), 41(3), and 49-O of the Conduct of Election Rules, 1961. PUCL argued that these rules violate the principle of free and fair elections because they don’t protect the secrecy of a voter’s decision, especially when a person chooses not to vote. They claimed this right is part of a voter’s freedom of....

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12 Jun 2025

Posted by: Manas

The Case of Rupa Ashok Hurra vs. Ashok Hurra: Introduction of Curative Petition

The case of Rupa Ashok Hurra vs. Ashok Hurra is a landmark judgment that introduced the concept of the curative petition in Indian constitutional law. This legal innovation emerged from a unique situation where the Supreme Court initially delivered its judgment in a civil appeal. When the petitioner challenged the decision through a review petition, it was dismissed. The petitioner then filed a writ petition under Article 32 of the Constitution, questioning the legitimacy of the final judgment. A three-judge....

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05 Jun 2025

Posted by: Manas shrivastava

Chacko v. State of Kerala AIR 2003 SC 265

The case is about a man who allegedly set his mother on fire because he believed she would give all her earnings to his three sisters and exclude him. According to the prosecution, the incident happened around 10 a.m. while the mother was sitting on a chair, but no one witnessed it. It wasn't until around 4:30 p.m. that the deceased woman’s granddaughter came to the house and found out what had happened. The police received an anonymous tip around....

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04 Jun 2025

Posted by: Manas shrivastava

Youth Bar Association of India v Union of India & Ors

The Youth Bar Association of India filed a writ petition in the Supreme Court asking for a direction that all First Information Reports (FIRs) should be uploaded on the police or government websites within 24 hours of being registered. The main aim was to promote transparency and to make it easier for accused persons and others involved to access the FIR, so they can take proper legal steps if needed. You can also read the Judgement of Mohori Bibee V. Dharmodas....

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04 Jun 2025

Posted by: Manas shrivastava

Sukhdev Singh v. Bhagatram {Civil Appeal No. 2137 of 1972}

Bhagat Ram was appointed as an Assistant Manager in the Industrial Finance Corporation of India (IFC) in 1963. In 1967, he was removed from his job without being given a chance to be heard. Sunil Kumar Mukherjee joined the Life Insurance Corporation of India (LIC) in 1964 and was terminated after four years, but only after an internal departmental inquiry. Sukhdev Singh started working with the Oil and Natural Gas Commission (ONGC) in 1967 as a Field Manager. In 1971,....

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29 May 2025

Posted by: Manas shrivastava

Bellamy v. Sabine: The doctrine of Lis Pendens

This case stands as a landmark decision in Indian property law, primarily because it laid down the foundational interpretation of the Doctrine of Lis Pendens, as incorporated in Section 52 of the Transfer of Property Act, 1882 (TOPA). Justice Turner, in his influential judgment, articulated the principle that during the pendency of a legal dispute concerning immovable property, any attempt to transfer such property could adversely affect the administration of justice and the ultimate rights of the parties involved. In....

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29 May 2025

Posted by: Manas shrivastava

Ziyauddin Burhanuddin Bukhari v. Brijmohan Ramdass Mehra (1976)

The case revolves around the interpretation of Section 123(3) and (3A) of the Representation of the People Act, 1951 (RPA), which prohibit certain types of electoral appeals. The appellant, Ziyauddin Bukhari, a candidate in a legislative assembly election, was accused of appealing to voters on religious grounds during his campaign, which was challenged as a corrupt electoral practice under the Act. The challenge came from Brijmohan Ramdass Mehra, another candidate, who alleged that Bukhari had made speeches invoking religious sentiments....

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29 May 2025

Posted by: Manas shrivastava

P. Gopalkrishnan v. State of Kerala and Others (2019)

The case arose from a criminal proceeding involving the accused, P. Gopalkrishnan (Appellant), who was charged under various sections of the IPC and IT Act, including charges of rape and conspiracy. The prosecution's key evidence was a video clip stored on a memory card, allegedly recording the incident of sexual assault. This footage was copied onto a pen drive by the Forensic Science Laboratory (FSL) and submitted with the charge sheet. The appellant sought a cloned copy of the memory....

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29 May 2025

Posted by: Manas shrivastava

M.C. Mehta & Anr. vs Union of India & Ors : The Oleum gas leak case (1986)

The Oleum gas leak happened at Shriram Food and Fertiliser Industries, a branch of Delhi Cloth Mills Ltd., in the crowded area of Kirti Nagar, Delhi. The gas leak caused serious harm to people living nearby. In response, a lawyer named M.C. Mehta filed a writ petition in the Supreme Court on December 4 and 6, 1985, under Articles 21 and 32 of the Constitution. He asked the Court to shut down the Shriram Caustic Chlorine and Sulphuric Acid Plant....

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