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Naresh Shridhar Mirajkar, a journalist at Blitz, wrote an article alleging that businessman Krishnaraj M.D. Thackersey manipulated the import of silk yarn for personal gain, using fabricated documents and black market dealings. Thackersey filed a defamation suit against the magazine. During the trial, defense witness Bhaichand G. Goda supported Blitz’s claims but requested the court to prohibit the publication of his statements, fearing business losses. The court accepted his request and orally barred Blitz from reporting his testimony. When Blitz....
Read MoreThe Bench of Justice Dipankar Datta and Justice Manmohan Introduction: The Supreme Court held that Article 311(1) of the Indian Constitution does not mandate that only the appointing authority can initiate disciplinary proceedings against a government servant. The Court clarified that while the appointing authority must approve dismissal, the initiation of disciplinary action can be done by any superior authority unless explicitly restricted by relevant service rules. The ruling overturned a High Court decision that had quashed the respondent’s dismissal based....
Read MoreA Bench Comprising Justice Abhay S Oka and Justice Ujjal Bhuyan Introduction The Supreme Court has ruled that a preliminary inquiry must be conducted before registering an FIR in cases involving speech, writing, or artistic expression if the alleged offence carries a punishment between three to seven years. This decision aims to prevent frivolous and unjustified FIRs that could infringe upon the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Indian Constitution. The Court referred to Section 173(3)....
Read MoreIn this case, the defendants, who were newspaper publishers, published an article about a fictional character named Artemus Jones who was portrayed as having an affair. However, coincidentally, there was a real person named Artemus Jones who felt that the article defamed him and filed a defamation lawsuit. The Court of Appeal ruled in favour of the claimant, Artemus Jones. The defendants appealed, arguing that they had no intention of referring to the real Artemus Jones, as they were unaware....
Read MoreThe appellants, former partners of Bhoomi Infrastructure Co. (now GLM Infratech Pvt. Ltd.), issued 64 cheques to Respondent No. 1 as part payment of his retirement dues. One cheque of ₹45,84,915, deposited on 06.04.2015, was dishonoured due to insufficient funds, along with the other cheques. Respondent No. 1 filed 28 complaints under Section 138 of the NI Act, leading to the conviction of the appellants by the Judicial Magistrate on 30.10.2018. The appellants appealed and sought suspension of their sentence....
Read MoreMrs. Sushmita Ghosh and Mr. Gyan Chand Ghosh got married on 10th May 1985 following Hindu rituals and traditions. However, after just a few months, on 22nd April 1992, Mr. Ghosh informed his wife that he no longer wished to stay with her and insisted on getting a divorce by mutual consent. Since it was a new marriage, Mrs. Sushmita Ghosh was unwilling to consent to a divorce and expressed her desire to continue living with her husband. Later, Mr.....
Read MoreCommander Kawas Manekshaw Nanavati, an officer in the Indian Navy, was tried for the murder of Prem Ahuja, his wife Sylvia’s lover. In March 1959, Nanavati and his family moved to Bombay, where they met Prem Ahuja, a businessman, through an old friend. While Nanavati was often away on duty, Sylvia began an affair with Prem. She eventually developed feelings for him and asked if he would marry her and take responsibility for her children. However, Prem’s response was evasive,....
Read MoreIn 2014, a 23-year-old woman was assaulted and murdered, and the Bombay High Court sentenced the accused to death on December 20. However, the media, including prominent outlets like Times Now, Mumbai Mirror, New Indian Express, Hindustan Times, The Hindu, and First Post, revealed the victim's identity and even published her photograph. This was a clear violation of Section 228A of the Indian Penal Code, which prohibits disclosing the identity of assault victims. According to this law, if the victim....
Read MoreThe case of R.M. Malkani vs. State of Maharashtra (1972) arose from a criminal appeal by R.M. Malkani, who was the Coroner of Bombay, challenging his conviction under Section 161 (public servant taking gratification) and Section 385 (putting a person in fear of injury to commit extortion) of the Indian Penal Code (IPC). The case involved allegations of corruption and extortion related to an inquest concerning the death of Jagdishprasad Khandelwal, who died following surgery for acute appendicitis. The hospital....
Read MoreA Bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta, Senior Advocate Gopal Shankaranarayan, Introduction In this case a significant legal question regarding the maintainability of a writ petition under Article 32 of the Constitution for reconsideration of a death sentence in light of the Supreme Court’s 2022 judgment in Manoj v. State of MP. The petition was filed after all judicial remedies, including review and mercy petitions, had been exhausted. The Supreme Court is examining whether the Manoj guidelines on....
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