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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....

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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....

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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.....

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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,....

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28 Mar 2025

Posted by: Manas shrivastava

Nipun Saxena v Union of India (AIRONLINE 2018 SC 826)

In 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....

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28 Mar 2025

Posted by: Manas shrivastava

R.M. Malkani vs. State of Maharashtra (1972)

The 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....

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20 Mar 2025

Posted by: Manas shrivastava

Chief Forest Conservator (Wild Life) and Others v/s Nisar Khan (Civil Appeal No. 5519 of 1994 )

The respondents (petitioners) approached the Allahabad High Court seeking a writ of mandamus to compel the appellants (authorities) to grant them a license to trade in birds bred in captivity. The High Court ruled in favor of the respondents, allowing the license. Dissatisfied with this decision, the appellants challenged it before the Supreme Court. Issues Before the Court Whether the respondents were entitled to a license renewal for trading in birds listed under Schedule IV of the Wild Life (Protection) Act, 1972. Whether the amendment to Section 9 of the....

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20 Mar 2025

Posted by: Manas shrivastava

Mahachandra Prasad Singh v. Hon. Chairman, Bihar Legislative Council, AIR 2005 SC 69

Background and Facts The petitioner was elected as a member of the Bihar Legislative Council (BLC) as a candidate of the Indian National Congress. Subsequently, when the Lok Sabha elections were announced, the petitioner contested as an independent candidate from a different constituency. Salman Rageev, another member of the BLC, filed a petition with the Chairman of the Legislative Council, alleging that the petitioner, by contesting the parliamentary election as an independent candidate, had voluntarily given up his membership of....

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