WELCOME TO AASHAYEIN LAW EDUCATION CENTER

ALEC for Judiciary

20 Mar 2025

Posted by: Manas shrivastava

Mahachandra Prasad Singh v. Hon. Chairman, Bihar Legislative Council, AIR 2005 SC 69

Background and Facts The petitioner was elected as a member of the Bihar Legislative Council (BLC) as a candidate of the Indian National Congress. Subsequently, when the Lok Sabha elections were announced, the petitioner contested as an independent candidate from a different constituency. Salman Rageev, another member of the BLC, filed a petition with the Chairman of the Legislative Council, alleging that the petitioner, by contesting the parliamentary election as an independent candidate, had voluntarily given up his membership of....

Read More
20 Mar 2025

Posted by: Aishwarya Chourasia

State of Rajasthan v. Chatra 2025 (SC) 323

The Bench Comprising Justice Vikram Nath and Justice Sanjay Karol Introduction The Supreme Court of India reinstated the conviction, where a minor was raped in 1986. It criticized the Rajasthan High Court for acquitting the accused solely due to the victim’s silence during cross-examination. The Court ruled that a traumatized child’s silence cannot favor the accused when medical and circumstantial evidence supports conviction, sentencing him to 7 years under Section 376 IPC. Section 376 IPC(Now Section 64 Of BNS)  – Punishment....

Read More
20 Mar 2025

Posted by: Aishwarya Chourasia

Vishnoo Mittal v. M/S Shakti Trading Company 2025 (SC) 314

Introduction: The Supreme Court ruled that a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) cannot continue against an ex-director of a company if the cause of action arose after a moratorium was imposed under Section 14 of the Insolvency and Bankruptcy Code, 2016 (IBC). The Court emphasized that once a moratorium is declared, the management of the corporate debtor is taken over by the Insolvency Resolution Professional (IRP), and the ex-directors are no....

Read More
17 Mar 2025

Posted by: Aishwarya Chourasia

Pradeep Nirankarnath Sharma v. Directorate of Enforcement and Anr

A Bench of Justices Vikram Nath and Sandeep Mehta Introduction: The case revolves around allegations of corruption and criminal breach of trust against former Gujarat IAS officer Pradeep Sharma. The Supreme Court recently rejected his bail plea in connection with a 2023 illegal land allotment case. The case was lodged in Bhuj, Kutch, and involves charges under various sections of the Indian Penal Code (IPC) and the Prevention of Corruption Act. Facts of the Case: Pradeep Sharma, a retired IAS officer....

Read More
17 Mar 2025

Posted by: Aishwarya Chourasia

ARUN RAMESHCHAND ARYA VERSUS PARUL SINGH 2025

The Bench Comprising Justice Vikram Nath and Justice Sandeep Mehta  Introduction  In a landmark judgment, the Supreme Court of India recently ruled that a wife, who received a flat as part of a settlement in a matrimonial dispute, is exempt from paying stamp duty under the Registration Act, 1908. This decision underscores the importance of legal provisions that facilitate equitable settlements in divorce proceedings. Registration Act, 1908 – Section 17(2)(vi): Exempts certain documents from compulsory registration, including those forming part of....

Read More
17 Mar 2025

Posted by: Manas shrivastava

Budhan Choudhary v. State of Bihar, AIR 1955 SC 191

In this case, the appellant challenged the constitutional validity of Section 30 of the Code of Criminal Procedure, 1898 (Cr.P.C.). This section allowed the State Government to grant certain Magistrates, including District Magistrates or First-Class Magistrates, the power to try all offences except those punishable by death in states where Deputy or Assistant Commissioners existed. Additionally, Section 34 of Cr.P.C. permitted such Magistrates to conduct trials and impose sentences, except for death penalty or imprisonment exceeding seven years. The appellant....

Read More
17 Mar 2025

Posted by: Manas shrivastava

State of Orissa v. Ram Bahadur Thapa, AIR 1960 Orissa 161

The case revolves around Mr. Ram Bahadur Thapa, who, on May 20, 1958, in Rasgovindpur village (Balasore district), mistakenly attacked a group of women, believing them to be ghosts. Due to widespread local superstitions among the Adivasi communities, including the Majhis and Santhals, an abandoned airport in the village was thought to be haunted, making people afraid to go near it at night. On the night of the incident, Thapa, along with Chandra Majhi and Krishna Patro, went to the....

Read More
17 Mar 2025

Posted by: Manas shrivastava

Ajit Singh (II) v. State of Punjab, (1999) 7 SCC 209

On February 28, 1997, the Indian Railways issued a circular stating that reserved category candidates who were promoted through roster points could not claim seniority over general category candidates who were promoted later. This circular was based on the Supreme Court’s ruling, which held that while reserved candidates could be promoted earlier through roster points, they would not automatically become senior to general candidates who were promoted later to the same level. The Supreme Court further clarified that once a....

Read More
15 Mar 2025

Posted by: Aishwarya Chourasia

Rajnish Singh @ Soni v. State of U.P. and Another 2025 (SC) 279

Bench Comprising Justices Vikram Nath and Sandeep Mehta  Introduction: The case deals with the legal question of whether a prolonged consensual sexual relationship, continuing for 16 years, can amount to rape on the ground of a false promise of marriage. The Supreme Court quashed the criminal proceedings against the accused, ruling that there was no evidence of force, deceit, or mala fide intent at the beginning of the relationship. Facts of the Case: The complainant alleged that the accused had sexually....

Read More
12 Mar 2025

Posted by: Manas shrivastava

BADSHAH vs. URMILA GODSE (2014) 1 SCC 188

On February 10, 2005, the petitioner and respondent were married at Devgad Temple, Hivargav-Pavsa, following Hindu marriage rituals. After their marriage, they lived together, but while the respondent was pregnant, a woman named Shobha arrived at their home, claiming to be the petitioner’s wife. The petitioner allegedly told the respondent that she must either accept living with Shobha or leave. Choosing to stay due to her pregnancy, the respondent suffered physical and mental abuse. The petitioner questioned the paternity of....

Read More

Categories