Constitutional Law with Article 21

Supreme Court clarifies procedure for surrender of convicts in criminal appeals: Sanjit Saha & Anr. vs. The State of West Bengal (2023) INSC 1085 (09 October 2023)

/ Constitutional Law, Constitutional Law with Article 21, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 376(2)(g), Supreme Court Rules, Supreme Court Rules with Order V Rule 2(35), Supreme Court Rules with Order XXII Rule 5

Supreme Court Addresses Surrender of Convicts in Criminal Appeals Date of the Judgment: 09 October 2023 Citation: (2023) INSC 1085 Judges: K.V. Viswanathan, J. Can a criminal appeal be dismissed if the convict has surrendered, but the proof of surrender is not filed due to a communication gap? The Supreme Court of India recently addressed […]

Supreme Court clarifies procedure for surrender of convicts in criminal appeals: Sanjit Saha & Anr. vs. The State of West Bengal (2023) INSC 1085 (09 October 2023) Read Post »

Police Media Briefings in Criminal Investigations: Supreme Court Directs Comprehensive Guidelines (2023)

/ Constitutional Law, Constitutional Law with Article 19(1)(a), Constitutional Law with Article 21, Criminal Procedure Code, 1973, Criminal Procedure Code, 1973 with Section 327, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 228-A, Juvenile Justice Act, 2015, Juvenile Justice Act, 2015 with Section 74, Right to Information Act, 2005, Right to Information Act, 2005 with Sections 8(1)(g) & (h) and 8(2)

Supreme Court Directs Guidelines for Police Media Briefings in Criminal Investigations LEGAL ISSUE: Guidelines for police media briefings during criminal investigations. CASE TYPE: Criminal Procedure/Public Interest Litigation Case Name: People’s Union for Civil Liberties & Anr. vs. The State of Maharashtra & Ors. Judgment Date: 13 September 2023 Introduction Date of the Judgment: 13 September

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Supreme Court Acquits Accused in Rioting Case Citing Lack of Reliable Evidence: Javed Shaukat Ali Qureshi vs. State of Gujarat (2023)

/ Constitutional Law, Constitutional Law with Article 136, Constitutional Law with Article 21, Fundamental Rights, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 134, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 396, Offences Against Human Body

Supreme Court Acquits Accused in Rioting Case Citing Lack of Reliable Evidence: Javed Shaukat Ali Qureshi vs. State of Gujarat (2023) LEGAL ISSUE: Whether the conviction of an accused can be sustained based on the sole testimony of a witness who identifies the accused for the first time in court, after a significant time lapse,

Supreme Court Acquits Accused in Rioting Case Citing Lack of Reliable Evidence: Javed Shaukat Ali Qureshi vs. State of Gujarat (2023) Read Post »

Supreme Court Upholds State Laws on Jallikattu, Kambala, and Bullock Cart Races: Animal Welfare Board of India vs. Union of India (2023)

/ Ajay Rastogi, Aniruddha Bose, C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Fundamental Rights, Hrishikesh Roy, Judges, K.M. Joseph, Prevention of Cruelty to Animals Act, 1960, Prevention of Cruelty to Animals Act, 1960 with Section 11, Prevention of Cruelty to Animals Act, 1960 with Section 22, Prevention of Cruelty to Animals Act, 1960 with Section 3

Supreme Court Upholds State Laws on Jallikattu, Kambala, and Bullock Cart Races: Animal Welfare Board of India vs. Union of India (2023) LEGAL ISSUE: Whether state amendments to the Prevention of Cruelty to Animals Act, 1960, legalizing traditional sports like Jallikattu, Kambala, and Bullock Cart Races, are valid. CASE TYPE: Animal Welfare/Constitutional Law Case Name:

Supreme Court Upholds State Laws on Jallikattu, Kambala, and Bullock Cart Races: Animal Welfare Board of India vs. Union of India (2023) Read Post »

Supreme Court Upholds IBC Section 53: Workmen Dues Prioritized in Liquidation (2 May 2023)

/ Companies Act, 2013, Companies Act, 2013 with Section 327, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 53, Judges, Liquidation Process, M.R. Shah, Sanjiv Khanna, Winding Up Provisions

Supreme Court Upholds IBC Section 53: Workmen Dues Prioritized in Liquidation LEGAL ISSUE: Validity of Section 327(7) of the Companies Act, 2013 and the waterfall mechanism under Section 53 of the Insolvency and Bankruptcy Code, 2016 concerning workmen’s dues. CASE TYPE: Insolvency and Bankruptcy Law Case Name: Moser Baer Karamchari Union Thr. President Mahesh Chand

Supreme Court Upholds IBC Section 53: Workmen Dues Prioritized in Liquidation (2 May 2023) Read Post »

Supreme Court clarifies the scope of default bail under Section 167(2) CrPC: Ritu Chhabaria vs. Union of India (26 April 2023)

/ C. T. Ravikumar, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 167(2), Code of Criminal Procedure, 1973 with Section 309(2), Constitutional Law, Constitutional Law with Article 21, Default Bail, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120(B), Indian Penal Code, 1860 with Section 420, Judges, Krishna Murari

Supreme Court Clarifies Default Bail Rights: Ritu Chhabaria vs. Union of India (2023) LEGAL ISSUE: Whether a chargesheet filed without completing the investigation extinguishes the right to default bail. CASE TYPE: Criminal Law, specifically relating to default bail. Case Name: Ritu Chhabaria vs. Union of India & Ors. [Judgment Date]: 26 April 2023 Date of

Supreme Court clarifies the scope of default bail under Section 167(2) CrPC: Ritu Chhabaria vs. Union of India (26 April 2023) Read Post »

Supreme Court Sets Aside Conviction Due to Missing Trial Records: Jitendra Kumar Rode vs. Union of India (24 April 2023)

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Supreme Court Sets Aside Conviction Due to Missing Trial Records: Jitendra Kumar Rode vs. Union of India (2023) LEGAL ISSUE: Whether a conviction can be upheld by an appellate court when the trial court records are unavailable. CASE TYPE: Criminal Appeal Case Name: Jitendra Kumar Rode vs. Union of India Judgment Date: 24 April 2023

Supreme Court Sets Aside Conviction Due to Missing Trial Records: Jitendra Kumar Rode vs. Union of India (24 April 2023) Read Post »

Supreme Court sets aside conviction due to missing trial records in corruption case: Jitendra Kumar Rode vs. Union of India (2023)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 385, Constitutional Law, Constitutional Law with Article 21, Fundamental Rights, Judges, Krishna Murari, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(1), Prevention of Corruption Act, 1988 with Section 13(2), Prevention of Corruption Act, 1988 with Section 7, Sanjay Karol

Supreme Court sets aside conviction due to missing trial records in corruption case: Jitendra Kumar Rode vs. Union of India (2023) LEGAL ISSUE: Whether a conviction can be upheld when the trial court records are missing. CASE TYPE: Criminal Appeal, Prevention of Corruption Act, 1988 Case Name: Jitendra Kumar Rode vs. Union of India Judgment

Supreme Court sets aside conviction due to missing trial records in corruption case: Jitendra Kumar Rode vs. Union of India (2023) Read Post »

Supreme Court Cancels Bail in Contract Killing Case: Ansar Ahmad vs. State of Uttar Pradesh (2023)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 438, Code of Criminal Procedure, 1973 with Section 439, Constitutional Law, Constitutional Law with Article 21, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, J.B. Pardiwala, Judges, Surya Kant

Supreme Court Cancels Bail in Contract Killing Case: Ansar Ahmad vs. State of Uttar Pradesh (2023) LEGAL ISSUE: Cancellation of bail due to improper consideration of relevant factors by the High Court. CASE TYPE: Criminal Case Name: Ansar Ahmad vs. State of Uttar Pradesh and Anr. Judgment Date: 18 April 2023 Date of the Judgment:

Supreme Court Cancels Bail in Contract Killing Case: Ansar Ahmad vs. State of Uttar Pradesh (2023) Read Post »

Supreme Court Grants Bail in UAPA Case Citing Lack of Prima Facie Evidence: Yedala Subba Rao vs. Union of India (2023) INSC 349

/ Abhay S. Oka, Constitutional Law, Constitutional Law with Article 21, Fundamental Rights, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 25, Indian Evidence Act, 1872 with Section 27, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 302, Judges, Offences related to terrorist acts, Rajesh Bindal, Unlawful Activities (Prevention) Act, 1967, Unlawful Activities (Prevention) Act, 1967 with Section 43D

Supreme Court Grants Bail in UAPA Case Citing Lack of Prima Facie Evidence: Yedala Subba Rao vs. Union of India (2023) INSC 349 LEGAL ISSUE: Whether the accused should be granted bail under the Unlawful Activities (Prevention) Act, 1967 (UAPA) when there is a lack of prima facie evidence. CASE TYPE: Criminal Case Name: Yedala

Supreme Court Grants Bail in UAPA Case Citing Lack of Prima Facie Evidence: Yedala Subba Rao vs. Union of India (2023) INSC 349 Read Post »

Supreme Court Grants Bail to Accused in UAPA Case: Yedala Subba Rao & Anr. vs. Union of India (17 April 2023)

/ Abhay S. Oka, Constitutional Law, Constitutional Law with Article 21, Criminal Conspiracy, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 27, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Judges, Offences under UAPA, Rajesh Bindal, Unlawful Activities (Prevention) Act, 1967, Unlawful Activities (Prevention) Act, 1967 with Section 43D

Supreme Court Grants Bail in UAPA Case: Yedala Subba Rao vs. Union of India (2023) LEGAL ISSUE: Whether the accused are entitled to bail under the Unlawful Activities (Prevention) Act, 1967 (UAPA) given the stringent conditions for bail under the act. CASE TYPE: Criminal Law, Unlawful Activities (Prevention) Act (UAPA) Case Name: Yedala Subba Rao

Supreme Court Grants Bail to Accused in UAPA Case: Yedala Subba Rao & Anr. vs. Union of India (17 April 2023) Read Post »

Supreme Court Directs States to Adopt Guidelines to Prevent Unnecessary Hysterectomies (2023)

/ Constitutional Law, Constitutional Law with Article 21, Dhananjaya Y Chandrachud, Fundamental Rights, Healthcare Law, J.B. Pardiwala, Judges, Medical Malpractice, Public Interest Litigation, Women's Health Rights

Supreme Court Directs States to Adopt Guidelines to Prevent Unnecessary Hysterectomies (2023) LEGAL ISSUE: Prevention of unnecessary hysterectomies and protection of women’s health rights. CASE TYPE: Public Interest Litigation concerning healthcare and women’s rights. Case Name: Dr. Narendra Gupta v. Union of India & Ors. [Judgment Date]: April 05, 2023 Introduction Date of the Judgment:

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