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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: Aishwarya Chourasia

Amol Bhagwan Nehul v. The State of Maharashtra & Anr. 2025 (SC) 641

Bench of Justices B.V. Nagarathna and S.C. Sharma  Introduction The Supreme Court, in this case, quashed FIR filed under Sections 376, 376(2)(n), 377, 504, and 506 of the IPC against a young man accused of rape on the basis of a false promise to marry. The Court held that a consensual sexual relationship with a married woman, even if based on a promise of marriage, cannot give rise to a prosecutable offence under Section 376 IPC, especially when such promise....

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29 May 2025

Posted by: Aishwarya Chourasia

Sachin v. State of Maharashtra D. No. 24169/2025

A Bench of Justice BV Nagarathna and Satish Chandra Sharma  Introduction This case concerns the interpretation of Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), especially after the 2019 amendment, which prescribes a minimum punishment of 20 years for aggravated penetrative sexual assault. The petitioner, convicted for such an offence against a 6-year-old child, approached the Supreme Court under a Special Leave Petition (SLP) seeking reduction of sentence on the grounds of “extraordinary circumstances.” Protection....

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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: Aishwarya Chourasia

Vinod Infra Developers Ltd. vs Mahaveer Lunia & Ors. 2025 LiveLaw (SC)630

Bench of Justices J.B. Pardiwala and R. Mahadevan   Introduction The Supreme Court reiterated the settled principle of law that a plaint under Order VII Rule 11 CPC cannot be rejected in its entirety merely because one of the reliefs sought is barred by law, especially when other reliefs based on distinct causes of action are maintainable. The judgment emphasizes the necessity of evaluating the entire plaint holistically and not dismissing it solely on the basis of one defective claim,....

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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: Aishwarya Chourasia

HDFC Bank Ltd. v. State of Maharashtra & Ors. 2025 (SC) 624

Bench of  Justice Manoj Misra and Justice K.V. Viswanathan   Introduction This case pertains to the scope of vicarious liability of directors under Section 141 of the Negotiable Instruments Act, 1881, in cheque dishonour proceedings under Section 138 NI Act. The primary issue was whether a complaint must specifically state the administrative role of a director to proceed under Section 141(1) NI Act. Section 138, NI Act – Dishonour of cheque for insufficiency of funds. Section 141(1), NI Act –....

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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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29 May 2025

Posted by: Aishwarya Chourasia

Padman Bibhar vs. State of Odisha 2025 (SC) 613

Bench: Justice Sanjay Karol and Justice Prashant Kumar Mishra Introduction: The Supreme Court in this case reiterated that the "last seen together" theory, by itself, is not sufficient to convict an accused unless it is corroborated by other compelling evidence. The Court set aside the conviction of the appellant under Section 302 IPC due to major gaps in the prosecution's circumstantial evidence. Section 302 IPC(Now Section 102 of BNS,2023): Punishment for murder Section 27 of Indian Evidence Act(Now Section 23....

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