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03 Feb 2025

Posted by: Manas Shrivastava

Inder Singh v. Parmeshwardhari Singh (1957) 5 BLJR 238

This case involves a legal dispute concerning the competence of a person of unsound mind to enter into a contract. The issue centers around whether insanity or mental incompetence can be used as a defense to void a contract. The case arose from a property transaction where the title of a disputed property was sold by the son, who was alleged to be mentally incapacitated, to a landowner at a significantly lower price than its actual value. The mother of....

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01 Feb 2025

Posted by: Manas Shrivastava

L. Chandra Kumar v. Union of India, AIR 1997 SC 1125

Facts of the case A seven-judge bench was set up to decide whether Parliament and State Legislatures could take away the power of judicial review from the High Courts and Supreme Court. This issue involved Article 226 (with Article 227) and Article 32, which give courts this power, against Article 323A(1) and Article 323B(2), which allow the legislature to limit it. The bench also had to reconsider an earlier ruling in S. P. Sampath Kumar v. Union of India (1987),....

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01 Feb 2025

Posted by: Aishwarya Chourasia

H. Anjanappa & Ors. Vs. A. Prabhakar & Ors. 2025 LiveLaw (SC) 123

A Bench comprising of Justice JB Pardiwala and Justice R Mahadevan Introduction: The Supreme Court, in its decision addressed the issue of whether a pendente lite transferee (someone who acquires property during the pendency of a suit) has an automatic right to be impleaded in a suit. The Court ruled that a transferee pendente lite has no inherent right to be impleaded as a party to the suit and can only be allowed to do so in exceptional cases where their....

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31 Jan 2025

Posted by: Aishwarya Chourasia

Sudershan Singh Wazir v. State (NCT of Delhi) and Ors. SLP(Crl) No. 015749 – 015750,2024

A Bench comprising of Justice Abhay S. Oka and Justice Ujjal Bhuyan Introduction: The case raises important questions regarding the legality and implications of an ex parte stay granted by the Delhi High Court on an order discharging an accused in a murder case. Facts: Sudershan Singh Wazir, a Sikh leader and former President of the Jammu and Kashmir State Gurdwara Parbandhak Board, was accused of being involved in the 2021 murder of former National Conference MLC Trilochan Singh Wazir. On....

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31 Jan 2025

Posted by: Aishwarya Chourasia

Ritesh Sinha v. State of Uttar Pradesh (2019 8 SCC 1)

Introduction: The landmark case addresses the interpretation of the right against self-incrimination under Article 20(3) of the Constitution of India. Specifically, it explores whether this constitutional provision protects an accused from being compelled to provide a voice sample during the course of a criminal investigation. Facts: On December 7, 2009, the FIR was lodged at Sadar Bazar Police Station in Saharanpur, Uttar Pradesh, alleging that Ritesh Sinha and Dhoom Singh collected money by falsely promising jobs in the police force.....

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30 Jan 2025

Posted by: Aishwarya Chourasia

Sita Soren v. Union of India (2024) 3 S.C.R. 462

Introduction: In a significant judgment that revisits and redefines the scope of legislative immunity granted under Article 105(2) and Article 194(2) of the Constitution of India. The Supreme Court, in a seven-judge bench, reviewed the earlier decision in P.V. Narsimha Rao v. Union of India (1998) and clarified whether a legislator enjoys immunity for accepting bribes to vote in Parliament or a State Assembly. This judgment has broader implications for the functioning of democracy, particularly in addressing corruption within the....

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30 Jan 2025

Posted by: Aishwarya Chourasia

CHANDRABHAN SUDAM SANAP v. THE STATE OF MAHARASHTRA 2025 Live Law (SC) 119

A Bench comprising of Justices B.R. Gavai, Prashant Kumar Mishra and K.V. Viswanathan Introduction: The Supreme Court of India set aside the Bombay High Court's judgment which had upheld the conviction and death sentence of the appellant for the rape and murder of a 23-year-old woman in 2014. The appellant was acquitted due to the failure of the prosecution to establish guilt beyond a reasonable doubt, particularly relying on circumstantial evidence. Facts: In 2014, the body of a 23-year-old woman was....

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29 Jan 2025

Posted by: Aishwarya Chourasia

Ivan Rathinam Vs Milan Joseph (2025 Live Law SC 118)

Bench comprising of Justices Surya Kant and Ujjal Bhuyan Introduction: The Supreme Court of India, in a judgment dealt with the issue of legitimacy and paternity in the context of Section 112 of the Indian Evidence Act, 1872 (Now Section 116 of the  Bharatiya Sakshya Adhiniyam,2023). The Court reaffirmed that legitimacy, once established, directly leads to the presumption of paternity, and emphasized the legal principle that the legitimacy of a child born during a valid marriage automatically establishes the paternity of....

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29 Jan 2025

Posted by: Aishwarya Chourasia

Banwari Lal v. Chando Devi (Through LR) And Ors. (1993)

Introduction A significant judgment concerning the setting aside of a compromise decree passed under Order 23 Rule 3 of the Civil Procedure Code, 1908 (CPC). The Court's ruling emphasized the need for strict compliance with the procedural requirements for recording a compromise and established the grounds for recalling a decree based on fraudulent or unlawful compromise. Facts A suit was filed by Banwari Lal (Appellant) on 14th September 1990 concerning disputed land. A compromise petition was filed, stating that both....

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28 Jan 2025

Posted by: Aishwarya Chourasia

Mithu Etc. v. State of Punjab (1995) AIR 473

Introduction The case dealt with the constitutional validity of Section 303 of the Indian Penal Code (IPC) (Now Section 104 of The Bharatiya Nyaya Sanhita,2023), which prescribes a mandatory death sentence for anyone who, being under a sentence of imprisonment for life, commits murder. The Supreme Court’s decision in this case marked a pivotal moment in the history of Indian criminal law by declaring Section 303 as unconstitutional. The Court held that the provision was arbitrary and violated the right....

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