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Introduction: The Supreme Court of India addressed a critical issue regarding freedom of speech and expression under Article 19(1)(a) of the Constitution. The case revolved around the imposition of restrictions on Romesh Thappar’s magazine, Crossroads, by the Madras government, under the Madras Maintenance of Public Order Act, 1949. This case highlighted the balance between individual rights and state interests, particularly in a nascent democratic India. Facts of the Case: Romesh Thappar, a prominent communist leader, faced a government-imposed ban on....
Read MoreIntroduction: The case of Dashrath Rupsingh Rathod vs State of Maharashtra (2014) addressed jurisdictional issues under Section 138 of the Negotiable Instruments Act, 1881, concerning dishonoured cheques. The petitioner challenged the jurisdiction where the complaint was filed, as the cheques were issued in one location but the complaint was filed in another. Facts: The petitioner, Dashrath Rupsingh Rathod, issued dishonoured cheques in one location, but the complainant filed the case in a different jurisdiction. The main issue was whether complaints....
Read MoreIntroduction: The case revolves around the tragic death of Renuka, who was married to Rajesh Jagan Karote. The prosecution alleged that Renuka was subjected to physical and mental harassment by her husband and his relatives, including the appellant, Yashodeep Vadode, due to dowry demands. Following Renuka's suspicious death in April 2011, the appellant was charged under various provisions of the Indian Penal Code (IPC), including dowry harassment, dowry death, abetment of suicide, and criminal breach of trust. The appellant was....
Read MoreBench comprising of Justice KN Wanchoo, Justice RS Bachawat and Justice V Ramaswami. Introduction: This is a landmark judgment that laid down that in suits of partition more than one preliminary decree can be passed. It deals deals with the dispute over the partition of family property, highlighting significant issues regarding the validity of a will, the rights of a limited owner to sell property, and the court's ability to amend shares post a preliminary decree in a partition....
Read MoreIntroduction: This case involves an appeal before the Supreme Court regarding the conviction of Sonu Chaudhary under Sections 324 (voluntarily causing hurt) and 452 (house-trespass after preparation for hurt) of the Indian Penal Code (IPC). The Supreme Court evaluated the findings of the lower courts and decided to uphold the conviction under Section 324 while setting aside the conviction under Section 452. Facts: The incident occurred at Baithak Restaurant in Delhi, where Rajat Dhyani (PW-1) was the complainant and the....
Read MoreIntroduction 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 MoreBench comprising of Justices JB Pardiwala and R Mahadevan Introduction: The Supreme Court, in this judgment, clarified an important aspect of Order VII Rule 11 of the Civil Procedure Code (CPC) regarding the rejection of a plaint that seeks multiple reliefs. The Court emphasized that a plaint cannot be rejected solely because one of the reliefs sought is barred by law, as long as the remaining reliefs are valid and within the jurisdiction of the court. Facts: The case involved....
Read MoreBench comprising of J.B. Pardiwala and R. Mahadevan The Supreme Court dealt with whether grave and sudden provocation can reduce an offense from murder to culpable homicide. The case involved an altercation where the appellant, after being slapped and abused by the deceased, struck the latter on the head with a cement brick, causing his death. Facts The appellant, along with his friends, was sleeping under a bridge when the deceased, who was drunk, started an argument. The deceased slapped the....
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 MoreBench comprising of Justices JB Pardiwala and R Mahadevan The Supreme Court, in a landmark judgment, clarified the nature of a suit for specific performance under the Specific Relief Act, 1963, particularly focusing on the power of the trial court after the decree for specific performance has been passed. The Court ruled on the question of whether the trial court retains jurisdiction and control over the decree even after the passing of the decree for specific performance. Facts: In the present....
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