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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....
Read MoreIntroduction 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....
Read MoreIntroduction 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....
Read MoreBench comprising of Justices BR Gavai and AG Masih Introduction: The Supreme Court dealt with the critical issue of the failure to conduct a Test Identification Parade (TIP) in a kidnapping case. The Court considered the validity of a witness identifying the accused after a significant delay and emphasized the importance of TIP in ensuring the fairness and reliability of the identification process. Facts: The appellant, Venkatesha, was accused of kidnapping a girl, allegedly under Section 366 of the Indian Penal....
Read MoreIntroduction: The Supreme Court in this case summarized the factors to be considered when determining the term of punishment a convict must undergo before remission can be sought in murder cases. This decision aimed to address the complex issue of sentencing, considering both aggravating and mitigating factors Article 21: Right to life and personal liberty, ensuring fair sentencing. Section 433A, CrPC(Section 475 of BNSS): Requires convicts to serve at least 14 years before seeking remission. Section 302, IPC (Section 103(1)....
Read MoreIntroduction: The Supreme Court of India addressed a critical issue regarding freedom of speech and expression under Article 19(1)(a) of the Constitution. The case revolved around the imposition of restrictions on Romesh Thappar’s magazine, Crossroads, by the Madras government, under the Madras Maintenance of Public Order Act, 1949. This case highlighted the balance between individual rights and state interests, particularly in a nascent democratic India. Facts of the Case: Romesh Thappar, a prominent communist leader, faced a government-imposed ban on....
Read MoreIntroduction: The case of Dashrath Rupsingh Rathod vs State of Maharashtra (2014) addressed jurisdictional issues under Section 138 of the Negotiable Instruments Act, 1881, concerning dishonoured cheques. The petitioner challenged the jurisdiction where the complaint was filed, as the cheques were issued in one location but the complaint was filed in another. Facts: The petitioner, Dashrath Rupsingh Rathod, issued dishonoured cheques in one location, but the complainant filed the case in a different jurisdiction. The main issue was whether complaints....
Read MoreIntroduction: The case revolves around the tragic death of Renuka, who was married to Rajesh Jagan Karote. The prosecution alleged that Renuka was subjected to physical and mental harassment by her husband and his relatives, including the appellant, Yashodeep Vadode, due to dowry demands. Following Renuka's suspicious death in April 2011, the appellant was charged under various provisions of the Indian Penal Code (IPC), including dowry harassment, dowry death, abetment of suicide, and criminal breach of trust. The appellant was....
Read MoreBench comprising of Justice KN Wanchoo, Justice RS Bachawat and Justice V Ramaswami. Introduction: This is a landmark judgment that laid down that in suits of partition more than one preliminary decree can be passed. It deals deals with the dispute over the partition of family property, highlighting significant issues regarding the validity of a will, the rights of a limited owner to sell property, and the court's ability to amend shares post a preliminary decree in a partition....
Read MoreIntroduction: This case involves an appeal before the Supreme Court regarding the conviction of Sonu Chaudhary under Sections 324 (voluntarily causing hurt) and 452 (house-trespass after preparation for hurt) of the Indian Penal Code (IPC). The Supreme Court evaluated the findings of the lower courts and decided to uphold the conviction under Section 324 while setting aside the conviction under Section 452. Facts: The incident occurred at Baithak Restaurant in Delhi, where Rajat Dhyani (PW-1) was the complainant and the....
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