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Supreme Court Judgments

Supreme Court Judgments

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Leading Judgments on Media, Print Media And Journalism:

Anirrudh Bahal v State of Delhi - Landmark Judgment that made Sting Operations legal in India
Rajendra Sail v. Madhya Pradesh High Court Bar Association - Protection of press
Romesh Thappar vs The State of Madras - Freedom of speech and Press
Express Newspapers v/s Union of India - Duty of courts to uphold the freedom of press
Sakal Papers v/s Union of India - Newspapers (Price and Page
Bennett Coleman and Co. v/s Union of India - the validity of the Newsprint Control Order, which fixed the maximum number of pages, was struck down by the Court holding it to be violation of Article 19(1)(a) and is not reasonable restriction under Article 19(2). The Court rejected the plea of the Govt that it would help small newspapers to grow.
Hamdard Dawakhana v. Union of India - Advertisement of a commercial nature cannot fall within the concept of Article 19(1)(a)
Tata Press Ltd. v. Mahanagar Telephone Nigam Ltd - Misleading ads
K. A. Abbas v. Union of India - classification of films between two categories ‘A’ (for adults only) and ‘U’ (for all)


Judgments on Abortion / Termination of pregnancy

Shri Bhagwan Katariya And Others vs State Of M.P: Abortion without mothers consent
Murari Mohan Koley vs The State - criminal liability under section 3 of the MTP Act, 1971
Dr. Nisha Malviya and Anr. Vs. State of M.P: causing miscarriage without consent of girl


Live in Relationship (Judgments)

Bharatha Matha v/s R. Vijaya Renganathan- Child born out of live in relationship may be allowed inheritance property of parents
Abhijit Bhikaseth Auti v/s State of Maharashtra- Long period live in relationship woman should enjoy legal status of wife
D. Veluswami v/s D. Patchaimmal- it is necessary that couple must hold themselves out to society as being akin to spouses
Alok Kumar v/s State- live in relationship is a walk in and walk out relationship
Badri Prasad v/s Dy. Director of Consolidation - Recognized live in relationship as a valid marriage
Mohabbat Ali Khan v/s Muhammad Ibrahim Khan - law presumes living together in consequences of a valid marriage
Lata Singh v State of UP - recognized a live in relationship

SPS Bala subramanyam v Sruttayan: If a man and woman are living under the same roof and cohabiting for a number of years, there will be presumption under Section 114 of the Evidence Act that they live as husband and wife and the children born to them will not be illegitimate

Tulsa and ors. v Durghatiya and ors: Held that when a man and a woman have cohabited for a long period of time they will be considered to be married unless there is an evidence to the contrary .This judgement illustrates the courts attempt to treat a live in similarly to marriage

Madan Mohan Singh & Ors v Rajni Kant: “Live-in relationship’ is a walk-in and walk-out relationship. There are no strings attached to this relationship, neither this relationship creates any legal bond between the parties. It is a contract of living together which is renewed every day by the parties and can be terminated by either of the parties without consent of the other party and one party can walk out at will at any time.

Savitaben Somabhai Bhatiya v State of Gujarat: Made an exception where the live in partner who had assumed the role of second wife was not granted any maintenance whereas the child was granted maintenance.

Captain Ramesh Chander Kaushal v Mrs.Veen Kaushal: The right to maintenance is condition to the fatherhood of the child being established.

Dimple Gupta v Rajiv Gupta: maintenance under Section 125 of the CrPC for illegitimate child born out of an illicit relationship

Vidyadhari v Sukhrana Bai : Supreme Court passed a landmark judgement wherein the Court granted inheritance to the children born from the live in relationship in question and ascribed them the status of “legal heirs”.

Revanasiddappa v Mallikarjun: The question raised in this cases was whether the children of void/voidable marriages have a right to only the self-acquired property of their parents? Since, there is no attempt to marry, theoretically it is often argued that live in relationships should not be granted any form of legitimacy in the eyes of law and the children born out of such sexual unions cannot be provided with any inheritance rights. However, in such a situation the Courts have exercised the authority vested in them and interpreted the statutes in a broader manner to ensure that the children do not suffer as a result of the wrongs of their parents and consequently face problems in their economic as well as social life. Apart from the presumption of marriage in case of existence of such relations for a reasonable period of time, the Court have adopted a liberal approach towards the inheritance rights of children specifically.

Parayan kandiyal Eravath Kanapravan Kalliani Amma vs K. Devi: the HMA1955, a beneficial legislation, has to be interpreted in a manner which advances the object of the legislation.


Abortion laws

Shri Bhagwan Katariya And Others vs State Of M.P: Abortion without mothers consent
Murari Mohan Koley vs The State - Criminal liability under section 3 of the MTP Act, 1971
Dr. Nisha Malviya and Anr. Vs. State of M.P: Causing miscarriage without consent of girl


Right to Privacy

# Ramlila Maidan Incident v/s Home Secretary
# Acharya Maharajshri Narendera Prasadji Anand Prasadji Maharaj v. The State of Gujarat - no rights in an organized society can be absolute
# Moulana Mufti Syed Md. Noorur Rehman Barkati and others v. State of West Bengal
# Church of God (Full Gospel) in India v/s K.K.R. Majestic Colony Welfare Assn
# Burrabazar Fireworks Dealers Association v. Commissioner of Police, Calcutta
# Om Birangana Religious Society vs The State And Ors
# Cooverjee B. Bharucha vs The Excise Commissioner
# Govind vs State of Madhya Pradesh
# Kharak Singh v. State of U.P
# Distt. Registrar & Collector v/s Canara Bank
# Forum, Prevention of Environment and Sound Pollution v. Union of India
# Sayeed Maqsood Ali V/s State of Madhya Pradesh


Release of Vehicles by Magistrate In Excise and Forest Cases

# State of West Bengal And Ors. vs Sujit Kumar Rana
# Oruganti Seshachala vs Govt. Of Andhra Pradesh And Ors
# Ganesh Traders vs District Collector, Karimnagar
# Divisional Forest Officer & Anr vs G.V. Sudhakar Rao & Ors - Authorized Officer can order release or confiscation of vehicle NOT Magistrate
# Basha vs The State - release of vehicle - excise offence
# S. Kareemulla and Ors. vs Prohibition and Excise Sub-inspector, Nandyal - release of the vehicle in excise offence
# Sunderbhai Ambalal Desai v. State of Gujarat - release of vehicles


Adoption

# Supreme court guidelines on Inter Country Adoption - Laxmikant Pandey Vs. Union of India
# Jay Kevin Salerno case


Family Law

# Cruelty on Husband by wife threatening sucide - Ramlalli vs Soneylal
# Ex-Parte Divorce Decree - Smt. Shalini Keshri vs Mintu Keshri
# After Registration of transfer of property wife withdraws her consent - Anil Kumar Jain vs Maya Jain
# Husband gets divorce on grounds of cruelty
# Woman has no right to eye her mother-in-law's property for maintenance
# Sneh Prabha v Ravinder Kuma - Irretrievable breakdown of marriage
# Romesh Chander v Savitri - Dead marriage
# Requirements for a Foreign Divorce be valid in India
# Smt. Shashi Bala vs Shri Rajiv Arora - Denying sex to spouse a ground for divorce
# Customary payments, gifts not dowry

Maintenance for wife and children: final and interim

# Shail Kumari Devi & Anr vs Kishun B. Pathak
# Ram Pal vs Smt. Nisha- wife denied maintanence
# P.C. Prema vs A.P. Sreekumar
# Transfer of Petition in favour of Husband - Dipankar Ghosh Vs Moukhi Dutta (Ghosh)
# Denying sex to spouse a ground for divorce -Smt. Shashi Bala vs Shri Rajiv Arora
# Manohar Lal v Seth Hiralal- temporary injunction
# Romesh Chander v Savitri- Dead marriage
# M Govindaraju vs K Munisami divorce among shudras
# Yallawwa v Shantavva - divorce obtained against wife and-death of husband thereafter

Child Custody

# Shaleen Kabra Vs.Shiwani Kabra - custody of children given to father
# R.Swaminathan Vs. Sivagowri - custody of child given to mother
# Ruchi Majoo Vs Sanjeev Majoo - Validity of Foreign Court order in regards to child Custody in India
# Dr.V.Ravi Chandran Vs Union of India and Ors - Foreign national Child Custody order in India
# Smt. Naseema Shaikh vs Shri Jainuddin M. Shaikh - interim custody of child
# Prabhati Mitra vs D.K. Mitra - Child Custody section 26
# Vikram Vir Vohra Versus Shalini Bhalla - Visitation rights to father
# Kumar V. Jahgirdar vs Chethana Ramatheertha - Child custody in favour of husband

Rights of Second Wife


Irretrievable breakdown of marriage

Ms. Jorden Diengdeh v S.S. Chopra
Sandhya Rani v. Kalyanram Narayanan
Naveen Kohli vs Neelu Kohli - situations causing misery should not be allowed to continue indefinitely
A. Jayachandra v. Aneel Kaur - Irretrievable Breakdown of Marriage
V. Bhagat v D. Bhagat
Apurba Mohan Ghosh vs Manashi Ghosh


Order 37, CPC, Summary Suits

# Sunil Enterprises and Anr. v. SBI Commercial and International Bank Ltd
# Precision Steel & Engg. Works vs Prem Deva Niranjan Deva Tayal- mere disclosure of facts not a substantial defence is the sine qua non
# Southern Sales and Services and Ors. v. Sauermilch Design and Handels GMBH - Unconditional leave to defend a suit shall not be granted unless the amount as admitted to be due by the Defendant is deposited in Court
# Neebha Kapoor v Jayantilal Khandwala - expeditious disposal of suits of commercial nature


Property laws Judgments

# R.L. Jain (D) By Lrs vs Dda & Ors - land acquisition and Compensation
# Narinder Singh Rao vs Avm Mahinder Singh Rao - A Will has to be attested by two witnesses to be valid and in case of transfer of Property Will registration is a Must (Supreme court Judgment: 22 March, 2013)
# Suraj Lamp and Industries (P) vs State Of Haryana - GPA cannot be used to transfer immovable property


Important Copyright Judgments

# Jhareswar Prasad Paul & Anr v/s Tarak Nath Ganguly & Ors
# B.K. Dani v/s State of M.P
# Gramophone Co. of India Ltd, v, Mars recording Pvt. Ltd
# Gramophone Co. of India Ltd. v/s Birendra Bahadur Pandey
# Sulamangalam R. Jayalakshmi v. Meta Musicals
# Vicco Laboratories v. Art Commercial Advertising Pvt. Ltd
# Indian Performing Right Society Ltd v/s. Eastern India Motion Picture Association
# Brooke Bond India Limited vs Balaji Tea (India) Pvt. Ltd - Factors considered in determining Copyright infringement
# R.G Anand vs M/S. Delux Films & Ors - determining copyright infringement
# Eastern Book company v Navin J.Desai
# Godrej Soaps (P) Ltd v Dora Cosmetics Co
# Caterpillar Inc v Kailash Nichani
# Lachhman Das Behari Lal v Padam Trading Co
# Exphar SA & Anr v Eupharma Laboratories Ltd
# David Pon Pandian v State
# Shree Devendra Somabhai Naik v Accurate Transheet Pvt Ltd
# Ushodaya Enterprises Ltd v T.V. Venugopal
# Khajanchi Film Exchange v state of MP
# Jolen Inc v Shoban Lal Jain
# Lal Babu Priyadarshi v Badshah Industries

Supreme court Judgments

# State (NCT Of Delhi) Vs Ahmed Jaan- Condonation of Delay in case of Appeals
# P.A. Inamdar & Ors vs State Of Maharashtra & Ors- state's policy on reservation in private institutions
# Bal patil and Anr v. Union of India- Minority as understood from constitutional scheme
# Landmark judgments on Gift deed
# Sexual harrasment
# Police and court cannot impound passport but can seize it for at most 4 weeks
# Crime against woman Judgments
# A.K Kraipak v. Union of India
# I.R. Coelho (Dead) By Lrs v State of Tamil Nadu
# Sajjan Singh vs State of Rajasthan
# Sankari Prasad Singh v. Union of India
# L. Chandra Kumar vs Union Of Indi
# Minerva Mills Ltd vs Union Of India
# Indira Nehru Gandhi v. Raj Narain

# Sheela Barse vs State Of Maharashtra- Duties of the Police and the Courts
# Delhi Judicial Service Association, Tis Hazari Court, Delhi vs State of Gujarat and others: In this ruling, the Apex Court held that in view of' the paramount necessity of preserving the independence of judiciary and at the same time ensuring that infractions of law are' properly investigated
# S. Nagaraj And Ors. vs State Of Karnataka: seniority and recruitment
# Manohar Lal v Seth Hiralal- temporary injunction
# M Govindaraju vs K Munisami
# Yallawwa v Shantavva
 

Criminal Law Judgments

SC Judgments on IPC- 498a

# G. Raj Mallaiah and Another v. State of Andhra Pradesh
# Smt. Mayadevi Vs. Jagdish Prasad
# Rajkumar v. State of Madhya Pradesh
# Ruchi Agarwal vs Amit Kumar Agrawal & Others
# Satyajit Banerjee v. State of West Bengal
# Sakatar Singh & Ors Vs State Of Haryana
# The State of Andhra Pradesh vs Raj Gopal Asawa
# Hans Raj vs State Of Haryana
# Baburam vs State Of Madhya Pradesh
# Y. Abraham Ajith & Ors Vs Inspector Of Police, Chennai & Anr
# Veera Stayanandam & Ors vs The Public Prosecutor, High Court
# Selvi vs State Of Karnataka - Selvi vs State of Karnataka - narco analysis, brain-mapping and polygraph tests, violation of the right to privacy
# Quash of 498a citing abuse of court process (NRI)
# Quash of 498a filed 10 years after customary divorce and alimony

Rape laws
# Mrs. Rupan Deol Bajaj vs Kanwar Pal Singh Gill: a senior IAS officer, Rupan Bajaj was slapped on the posterior by the then Chief of Police, Punjab- Mr. K P S.Gill at a dinner party in July 1988. Rupan Bajaj filed a suit against him, despite the public opinion that she was blowing it out of proportion, along with the attempts by all the senior officials of the state to suppress the matter.

# N Radhabai Vs. D. Ramchandran
when Radhabai, Secretary to D Ramchandran, the then social minister for state protested against his abuse of girls in the welfare institutions, he attempted to molest her, which was followed by her dismissal. The Supreme Court in 1995 passed the judgment in her favor, with back pay and perks from the date of dismissal

Domestic Violence:
# Kaveri vs. Neel Sagar and Anr: The relevant facts show that the petitioner had filed an application under Section 23 of Protection of Women from Domestic Violence Act seeking restraint order against the respondents and seeking direction to provide her residential accommodation and to pay sum of Rs. 15000/- pm as interim maintenance.
# Fateh Chand vs State of Haryana: The prosecutrix Geeta was detained and forced to have sexual intercourse with the appellant and was later involved in flesh trade.

The Prevention of Insults to National Honour Act
# M.F. Hussain vs. Raj Kumar Pande
# S. Khushboo vs Kanniammal & Anr
 

SC Judgments on IPC- 498a - Discharge Application Under 239 Crpc

1. Omwati and Anr Vs. State
2. Stree Atyachar Virodhi Parishad Vs. Dilip N. Chartia
3. State of Karnataka v. L. Muniswamy
4. Kanti Bhadra Shah and Anr. Vs. State of W.B.
5. State of Maharashtra and Ors. v. Som Nath Thapa and Ors
6. State of Bihar vs. Ramesh singh
7. State of M.P. v. Mohanlal Soni
8. Satish Mehra Vs. Delhi Admn.
9. Supdt. S. Remembrancer of legal affairs W.B. Vs. Anil Kumar Bhunja

Landmark Judgments on FIR

# State of U.P. vs Krishna Master & Ors
# State of Haryana vs Sher Singh & Ors
# Pedda Narayana & Ors vs State of Andhra Pradesh
# Emperor vs Khwaja Nazir Ahmed
# Ravinder Kumar And Anr vs State of Punjab
# Ram Kumar Pande vs The State of Madhya Pradesh
# Malkiat Singh vs State of Punjab And Ors
# Ram Jag And Others vs The State Of U.P
# Sarwan Singh vs The State of Punjab
# State of Karnataka vs. Moin Patel and others
# Thulia Kali vs The State of Tamil Nadu
# Apren Joseph alias Current Kunjukunju vs. The State of Kerala
# Dharma Rama Bhagare vs The State of Maharashtra
# Vikram & Ors vs State of Maharashtra

Appellate Jurisdiction of Supreme Court
Kailas & Ors. v/s State of Maharashtra and Taluka P.S

The following are some examples in which NGO take an action in court for protecting human right:
Sarojini Ramaswami v. Union of India

Vishaka vs State of Rajasthan: for the first time sexual harassment had been explicitly- legally defined as an unwelcome sexual gesture or behaviour whether directly or indirectly as
1. Sexually coloured remarks
2. Physical contact and advances
3. Showing pornography
4. A demand or request for sexual favours
5. Any other unwelcome physical, verbal/non-verbal conduct being sexual in nature.

# Apparel Export Promotion Council Vs. AK.Chopra: The Supreme Court in this case declared that sexual harassment is gender discrimination against women and also said that any act or attempt of molestation by a superior will constitute sexual harassment.

# U.S. Verma, Principal and Delhi Public School Society vs. National Commission for Women and Ors
# Mohsin vs State of Delhi - rape

Peoples’ Union For Democratic Rights V. State Of Bihar
Bandhua Mukti Morcha vs Union Of India
Saheli V/S Commissioner Of Police
People’s Union for Democratic Rights V/s Police commissioner Delhi, head quarters

# Salem Advocates Bar Association v. Union of India - Amendment inserting Section 26(2) and Rule 15(4) to Order VI Rule 15

Vakalatnama - Cpc Order 111 Rule 4

Ramappayya vs Subbamma And Ors
Uday Shankar Triyar vs Ram Kalewar Prasad Singh and Anr
Preeti Singh v Sandeep Singh- Supreme court Guidelines on mutual Consent Divorce

Professional Misconduct of a lawyer

# Noratanmal Chaurasia v. M.R. Murli - Professional Misconduct
# Tulsidas Amanmal Karani - laid down two test to determine Professional Misconduct

Transfer of Petition

# Dipankar Ghosh Vs Moukhi Dutta (Ghosh) - Transfer of Petition in favour of Husband
# Sumita Singh vs Kumar Sanjay And Anr

Supreme Court judgments - May 2013
# Deepak Gulati vs State of Haryana - Sections 365 and 376 of the Indian Penal Code
# Samrendra Beura vs U.O.I. & Ors - Article 32, Section 39(a) of The Air Force Act, 1950
# Markio Tado vs Takam Sorang - Section 116A of the Representation of the People’s Act
# Arun Kumar Agrawal vs Union Of India & Ors

Industrial Dispute act:
Anakapalla Co-Operative Agricultural and Industrial Society v/s It's Workmen & Others

Supreme court Judgments for the year 2009
January Judgments for the year 2009
February Judgments for the year 2009

Juvenile law Supreme Court Judgments

Om Prakash v/s State of Rajasthan - Rape of Minor Girl

For Monthly Digest - Supreme Court of India Judgments - 2007
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