Sundeep Kumar Bafna Vs State Of Maharashtra and Anr on 27 March, 2014

Posted on January 25, 2019 by ShadesOfKnife

In this landmark judgment, a 2-judge Bench of Apex Court has held that a person can approach either High Court of a Sessions Court for a Regular bail under 439 CrPC, instead of exhausting the remedy of approaching the Magistrate Court.

News about this judgment:

https://www.livelaw.in/courts-country-including-high-courts-extremely-careful-circumspect-concluding-judgment-supreme-court-per-incuriam-sc/

https://www.livelaw.in/bail-seekers-first-exhaust-sessions-court-remedy-approaching-high-court-sc-set-examine/

https://www.livelaw.in/accused-can-directly-approach-high-court-sessions-court-regular-bail-necessary-accused-apply-magistrate-first-sc/

Citations: [2014 AIOL 181], [2014 CRIMES SC 2 161], [2014 SCALE 4 215], [2014 BOMCR CRI SC 2 313], [2014 SUPREME 3 285], [2014 AIR SC 2115], [2014 SLT 3 540], [2014 RCR CRIMINAL SC 2 416], [2014 CRLJ SC 2245], [2014 JT 4 486], [2014 JCC SC 2 1264], [2014 AIR SC 1745], [2014 SCC 16 623], [2014 SCC ONLINE SC 257], [2014 KERLT 2 809], [2014 CRILJ 2245], [2014 NCC 1 570], [2015 NCC 1 798]

Other Source Links: https://indiankanoon.org/doc/102030495/ and https://www.casemine.com/judgement/in/5609af48e4b01497114160a8

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Kesavananda Bharati Sripadagalvaru and Ors Vs State Of Kerala And Anr on 24 April, 1973

Posted on January 24, 2019 by ShadesOfKnife

This is the landmark judgment of Supreme Court, where in Hon’ble Justice Hans Raj Khanna has outlined the basic structure doctrine of the Constitution and that only those amendments which tend to affect the ‘basic structure of the Constitution’ are subject to judicial review.

Kesavananda Bharati Sripadagalvaru and Ors Vs State Of Kerala And Anr on 24 April, 1973

Wikipedia : https://en.wikipedia.org/wiki/Kesavananda_Bharati_v._State_of_Kerala

Minerva Mills Ltd. & Ors Vs Union Of India & Ors on 31 July, 1980

Posted on January 24, 2019 by ShadesOfKnife

In this landmark judgment from Apex Court, two sections of Article 368 of Constitution of India are struck down as being invalid and unconstitutional, as they are against the basic structure of Constitution.

Minerva Mills Ltd. & Ors Vs Union Of India & Ors on 31 July, 1980

Citation : 1980 AIR 1789, 1981 SCR (1) 206

Indiankanoon.org link : https://indiankanoon.org/doc/1939993/

Journey through the years – Public Interest Litigation (PILs) in India

Posted on January 23, 2019 by ShadesOfKnife

Let’s begin with the foremost judgment that raised curtain for Public Interest Litigations (PILs) in India, delivered by none other than the Super Judge, Shri Krishnaiyer, V.R.

Municipal Council, Ratlam Vs Shri Vardhichand & Ors on 29 July, 1980

Municipal Council, Ratlam Vs Shri Vardhichand & Ors on 29 July, 1980

Posted on January 23, 2019 by ShadesOfKnife

The first public interest litigation case in India.

Municipal Council, Ratlam Vs Shri Vardhichand & Ors on 29 July, 1980

Citation : 1980 AIR 1622, 1981 SCR (1) 97

Indiankanoon.org link : https://indiankanoon.org/doc/440471/

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M.G.M.Joseph Anand Vs Suvitha Suganthi on 28 August, 2018

Posted on January 21, 2019 by ShadesOfKnife

Lying knife had the audacity to file criminal and DV cases, after the husband obtained ex parte divorce decree. Both are quashed as improbable to believe cases. Despite this, husband offered to pay 2 Crore rupees to lying knife.

As always, cases are quashed but no malicious prosecution proceedings were initiated by Hon’ble High Court of Madras.

M.G.M.Joseph Anand Vs Suvitha Suganthi on 28 August, 2018

Krishna Bhatacharjee vs Sarathi Choudhury And Anr on 20 November, 2015

Posted on January 21, 2019 by ShadesOfKnife

In this Dipak Misra dole out judgment, even the judicially separated folks are also within the ambit of Aggrieved person. The Hon’ble Supreme Court rejected the view taken by lower courts and held that the status of the parties did not become different due to a decree of judicial separation. There is a distinction between the decree for divorce and the decree of judicial separation. So, the finding of the lower courts, that the parties having been judicially separated, the appellant had ceased to be an aggrieved person, is “wholly unsustainable”.

Krishna Bhatacharjee vs Sarathi Choudhury And Anr on 20 November, 2015

Citations: [2016 AJR 1 545], [2016 ALD CRL SC 1 46], [2016 CALLT SC 1 17], [2016 JCC SC 1 31], [2016 JLJR 1 93], [2016 LW 3 193], [2016 NCC 1 239], [2016 PLJR 1 158], [2016 SCC 2 705], [2016 WLN SC 1 52], [2015 AD SC 12 101], [2015 CCR SC 4 256], [2015 CRIMES SC 4 384], [2015 DMC SC 3 823], [2015 KLT SC 4 999], [2015 SCALE 12 521], [2015 UC 3 2229], [2015 JT 11 132], [2015 SLT 8 675], [2015 AIOL 4593], [2016 CRLJ SC 330], [2016 SCC CRI 1 810], [2015 SCC ONLINE SC 1229], [2016 GUJ LH 1 1], [2016 AIC 157 198], [2016 ALLCC SC 92 443], [2016 CGLJ SC 1 105], [2016 RCR CRIMINAL SC 1 152], [2016 RCR CIVIL SC 1 151], [2016 SCC CIV 2 223]