WELCOME TO AASHAYEIN LAW EDUCATION CENTER

ALEC for Judiciary

08 Apr 2025

Posted by: Manas shrivastava

Queen-Empress vs Kader Nasyer Shah 1896

In this case, the accused, Kader Nasyer, was put on trial before the Sessions Court in Rungpur for the charge of murdering an eight-year-old boy named Abdul. During the trial, Kader claimed that he was mentally unstable at the time of the incident and that he was not in his senses when he strangled the child. As a result, he was convicted under Section 302 of the Indian Penal Code and sentenced to life transportation. Issues before the Court Whether....

Read More
07 Apr 2025

Posted by: Aishwarya Chourasia

New Mangalore Port Trust & Anr. v. Clifford D’Souza & Ors. [Civil Appeal Nos. 1796-1828 of 2024, 2025 (SC) 397]

INTRODUCTION The Supreme dealt with the applicability of Section 18 of the Limitation Act, 1963 to proceedings initiated under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The case revolved around the demand raised for revised license fees by a public authority and whether such demand was barred by limitation.  FACTS OF THE CASE In 2003, New Mangalore Port Trust (NMPT) allotted land to the respondents on license basis, with a clause for revision of license fee every 5....

Read More
07 Apr 2025

Posted by: Manas shrivastava

M Ismail Faruqui (Dr) V. Union of India (1994)

The constitutional validity of the Ayodhya Act was questioned in both the High Court and the Supreme Court. In the landmark case M. Ismail Faruqui (Dr.) v. Union of India, reported in (1994) 6 SCC 360, the Supreme Court decided to hear all the connected petitions together, including those from the High Court. The Court also considered a reference made under Article 143(1) of the Constitution. After the Supreme Court’s judgment, the High Court continued with the civil suits based....

Read More
02 Apr 2025

Posted by: Manas shrivastava

Balaji Raghavan v. Union of India (1996) 1 SCC 361

Balaji Raghavan, a petitioner, approached the Kerala High Court under Article 226 of the Constitution, seeking a writ of mandamus to stop the government from granting National Awards like the Padma Vibhushan and Padma Shri. He argued these awards violated Article 18(1) of the Constitution, which prohibits the state from conferring non-military or non-academic titles. The case involved written submissions from both sides between 1992 and 1994, but no oral arguments or interim orders were made by the Kerala High Court. The matter....

Read More
02 Apr 2025

Posted by: Manas shrivastava

Shantabai v State of Bombay (1958)

Shrimati Shantabai, the petitioner, was granted the right to cut and use wood from certain forests within her husband’s Zamindari through an unregistered document. However, with the enactment of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950, all proprietary rights over such lands were transferred to the State. Despite this, she obtained permission from the Deputy Commissioner under the Act to continue working in the forest and began cutting trees. Subsequently, the Divisional Forest Officer....

Read More
02 Apr 2025

Posted by: Manas shrivastava

Naresh Shridhar Mirajkar vs. State of Maharashtra (1966)

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 More
29 Mar 2025

Posted by: Manas shrivastava

E. Hulton & Co. v. Jones [1910] A.C. 20

In 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 More
29 Mar 2025

Posted by: Manas shrivastava

Surinder Singh Deswal & Ors. V/s Virender Gandhi & Anr.

The 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 More
28 Mar 2025

Posted by: Manas shrivastava

Lily Thomas vs. Union of India Case (2013)

Mrs. 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 More
28 Mar 2025

Posted by: Manas shrivastava

K. M NANAVATI vs STATE OF MAHARASHTRA (1962)

Commander 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 More

Categories