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Introduction The landmark case dealt with the conflict between individual property rights and state intervention in business operations, specifically in the motor transport sector. The case questioned whether state legislation could curtail individual rights, including the right to conduct business, for the greater public good. This case is a significant reflection on the limits of state power under the newly adopted Indian Constitution, balancing public welfare against individual freedoms. Facts The case arose from the enactment of the C.P. &....
Read MoreIntroduction: This case is significant because it addresses the issue of specific performance under the Indian Contract Act, 1872, particularly in relation to contracts for the sale of immovable property and the enforceability of agreements. Facts: Shyam Sundar Rathi entered into an agreement with B.K.K.G.R.S. & Co. (the appellant) for the sale of land. The agreement stipulated that the buyer would pay a certain amount within a specific period, and the seller would transfer the land. The buyer paid the....
Read MoreIntroduction The case dealt with the constitutionality of the death penalty under Section 302 of the Indian Penal Code (IPC). The appellant, Jagmohan Singh, challenged his death sentence, claiming it violated fundamental rights under Articles 14 (Right to Equality), 19 (Right to Freedom), and 21 (Right to Life) of the Indian Constitution. Facts Jagmohan Singh was convicted for murdering Chhotey Singh due to a longstanding personal dispute. He was sentenced to death by the Sessions Court, and the sentence was....
Read MoreIntroduction Section 27 of the Indian Evidence Act and its interaction with Section 162(2) of the Code of Criminal Procedure (CrPC) has been a point of contention, particularly regarding whether it violates the principles of equality enshrined in Article 14 of the Indian Constitution. Indian Evidence Act, 1872 – Section 27: Admissibility of statements leading to the discovery of facts. Code of Criminal Procedure, 1973 – Section 162(2): Prohibition of statements made to police officers from being used in evidence,....
Read MoreBench comprising Chief Justice Harilal J. Kania, Justice M. Patanjali Sastri, Justice Mehr Chand Mahajan, Justice Bijan Kumar Mukherjea, Justice Sudhi Ranjan Das. This five-judge bench delivered a unanimous judgment, upholding the validity of the First Constitutional Amendment Act, 1951. Background of the Case: This case is one of the earliest landmark judgments related to the interpretation of the Indian Constitution. It primarily dealt with the constitutionality of the First Amendment Act, 1951, which introduced Article 31A and Article 31B,....
Read MoreThe case of Satyendra Kumar Dubey vs. Central Bureau of Investigation (CBI) pertains to the tragic death of whistleblower Satyendra Kumar Dubey, who was an Indian Engineering Service (IES) officer. Dubey was working on the Golden Quadrilateral project and had exposed large-scale corruption in the project. Satyendra Kumar Dubey wrote to the Prime Minister’s Office (PMO) in 2002, highlighting corruption in the National Highways Authority of India (NHAI). Despite requesting anonymity, his identity was disclosed, leading to threats. On November....
Read MoreIntroduction The case deals with the principles of impleadment of parties under Order I Rule 10 of the Code of Civil Procedure, 1908 (CPC), Order I Rule 10 CPC: Deals with impleadment of parties in civil suits. It addresses the issue of whether a third party, who is not a necessary or proper party to the suit, can be added as a party based on their claim of interest in the subject matter of the dispute. The judgment provides clarity....
Read MoreBENCH COMPRISING OF JUSTICE D.A DESAI, JUSTICE RB MISRA This case revolves around the question of circumstantial evidence and the burden of proof in criminal law. The appellant, Dudh Nath Pandey, was convicted for the murder of his cousin, Ram Prakash Pandey. The conviction was based on circumstantial evidence, and the Supreme Court was called upon to address key issues of admissibility and sufficiency of such evidence to uphold the conviction. FACTS Ram Prakash Pandey was killed on the night....
Read MoreBench CJI DY Chandrachud and Justice JB Pardiwala The Supreme Court in Case Just rights for children alliance Vs S. Harish, a bench comprising CJI DY Chandrachud and Justice JB Pardiwala addressed critical issues concerning the possession and consumption of child sexual exploitative and abuse material (CSEAM) under Indian law. The Court's judgment clarified the legal interpretations of relevant provisions in the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Information Technology (IT) Act, 2000, emphasizing the stringent....
Read MoreThe petitioners challenged the validity of Article 323A of the Constitution, which was added by the 42nd Amendment in 1976. This article excluded the High Courts' jurisdiction under Articles 226 and 227 in service-related matters. Additionally, they contested Sections 4, 5, 6, and 28 of the Administrative Tribunals Act, 1985. These sections laid out the qualifications and appointment procedures for the Chairman and Vice-Chairman of the Administrative Tribunal. The case focused on two key issues: Whether removing the High Courts’....
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