Vishakha and Others vs. State of Rajasthan and Others [(1997)6 SCC241, AIR 1997 SC 3011] Date of verdict: 13.08.1997 Bench: B N Kirpal, CJI S.V. Manohar BACKGROUND OF THE CASE- The verdict is the outcome of a petition filed by four women organisations along with Vishakha (which is a group dedicated towards female education and research) regarding the issue of sexual harassment of females at the workplace and their safety. Further to be simplified this petition was filed as a....
Read MoreD.K.Basu vs. State of West Bengal Real name of the case- [Shri D.K.Basu, Ashok K.Johri vs. State of W.B., State of U.P] Bench- Js. Kuldip Singh, Js. (Dr.) A.S. Anand. Date of Judgment- December 18th, 1996. Precedent considered- {Nilabati Behera vs. State of Orissa} [1993] Notable Fact- there were as many as approximately 51 number of Advocates involved in the present case with one “amicus curiae” (friend of court) Dr. A.M.Singhvi. BRIEF FACTS OF THE CASE- On 26thAugust, 1986 one Basu D....
Read MoreState of Bombay vs. Kathi Kalu Oghad & Others. Bench: Total no.- 11 Majority: B.P. Sinha (CJI), J.R.Mudholkar, K.SubbaRao, K.N.Wanchoo, N.R.Ayyangar, RaghubarDayal, P.B.Gajendragadkar, Syed Jaffer Imam. Minority: A K Sarkar, K C Dasgupta, S K Das. BACKGROUND OF THE CASE- The precedent considered in this case was [M.P. Sharma v. Satish Chandra/(A.I.R. 1954/SC 300)] where it has been held by the court that the term, “to be a witness”mentioned in Art..20(3) of the Indian Constitution was equivalent to ‘furnish evidence’ and therefore....
Read MoreShamima Farooqui v. Shahid Khan (2015) Bench- Hon'ble Mr. Justice Dipak Misra and Hon'ble Mr. Justice Prafulla C. Pant Introduction- What is disturbing is that though the application for grant of maintenance was filed in the year 1998, it was not decided till 17.2.2012. It is also shocking to note that there was no order for grant of interim maintenance. It needs no special emphasis to state that when an application for grant of maintenance is filed by....
Read MoreRoxann Sharma v. Arun Sharma (2015) Facts- Roxann Sharma and Arun Sharma married in U.S.A and had a child named Thalbir Sharma. After sometime they returned India and started residing in Mumbai. It was stated the husband and wife had differences with one another and an application for dissolution of marriage was filed and afterwards a petition was filed under Hindu Minority and Guardianship Act, 1956 for guardianship and custody of Thalbir sharma. During the pendency of case the child....
Read MoreDanamma @ Suman Surpur v. Amar (2018) Backdrop of the Case- The present case is an appeal from the judgment of the High Court who while upholding the decision of the Trial Court, refused to hold the appellants as Coparceners due to being born before the date of the enactment of the Act. The appellants being the two daughters of Mr. Gurulingappa Savadi. The other parties are two sons and wife, namely Arun, Vijay and Sumitra respectively. The suit of....
Read MoreJoseph Shine v. Union of India (2018) Introduction- In india, Adultery law is defined in section 497 of Indian Penal Code. Section 497 comes under the purview of the courts several times in the past but everytime Supreme Court held section 497 as valid. But the Supreme Court on 27th September 2018 in the case of Joseph Shine v. Union of India has brought down the 158 years old Victorian Morality law on adultery. The petition was filed by a....
Read MoreADM(Additional District Magistrate) Jabalpur v. Shivakant Shukla Bench- Majority- A. N. Ray, M. H. Beg, Y. V.Chandrachud, P. N.Bhagwati, Dissenting- H. N. Khanna. Background of the case- The background and history of the case can be understood with the help of following pointers: June 12, 1975- Justice Jagmohansinha in State of Uttar Pradesh v. Raj Narain (1975 AIR 875) held Indira Gandhi convict of indulging into wrongful practices for election to Lok Sabha. Her election was held to be....
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