Constitutional Law with Article 21

Supreme Court Directs Nationwide Implementation of Vulnerable Witness Deposition Centers: Smruti Tukaram Badade vs. State of Maharashtra (2022)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 273, Code of Criminal Procedure, 1973 with Section 327, Constitutional Law, Constitutional Law with Article 21, Criminal Procedure, Dhananjaya Y Chandrachud, Fundamental Rights, Gita Mittal, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 354, Indian Penal Code, 1860 with Section 377, Judges, Mental Healthcare Act, 2017, Mental Healthcare Act, 2017 with Section 2(s), Offences Against Human Body, Surya Kant

Supreme Court Directs Establishment of Vulnerable Witness Deposition Centers Across India (2022) LEGAL ISSUE: Ensuring a safe and barrier-free environment for recording the evidence of vulnerable witnesses. CASE TYPE: Criminal Procedure Case Name: Smruti Tukaram Badade vs. State of Maharashtra & Anr. [Judgment Date]: January 11, 2022 Date of the Judgment: January 11, 2022 Citation: […]

Supreme Court Directs Nationwide Implementation of Vulnerable Witness Deposition Centers: Smruti Tukaram Badade vs. State of Maharashtra (2022) Read Post »

Supreme Court Expands Definition of Vulnerable Witnesses and Mandates Deposition Centers

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 327, Constitutional Law, Constitutional Law with Article 21, Dhananjaya Y Chandrachud, Fundamental Rights, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 118, Judges, Surya Kant

Supreme Court Expands Definition of Vulnerable Witnesses and Mandates Deposition Centers LEGAL ISSUE: Defining “vulnerable witness” and ensuring a safe environment for their testimony. CASE TYPE: Criminal Procedure Case Name: Smruti Tukaram Badade v. State of Maharashtra & Anr. [Judgment Date]: 11 January 2022 Date of the Judgment: 11 January 2022 Citation: 2022 INSC 392

Supreme Court Expands Definition of Vulnerable Witnesses and Mandates Deposition Centers Read Post »

Supreme Court Directs Nationwide Implementation of Vulnerable Witness Deposition Centers

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 327, Constitutional Law, Constitutional Law with Article 21, Dhananjaya Y Chandrachud, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 354, Indian Penal Code, 1860 with Section 377, Judges, Offences Against Human Body, Surya Kant, Trials and Inquiries

Supreme Court Directs Establishment of Vulnerable Witness Deposition Centers Across India LEGAL ISSUE: Implementation of Vulnerable Witness Deposition Centers. CASE TYPE: Criminal. Case Name: Smruti Tukaram Badade v. State of Maharashtra & Anr. [Judgment Date]: 11 January 2022 Date of the Judgment: 11 January 2022 Citation: Not Available Judges: Dr Dhananjaya Y Chandrachud, J and

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Supreme Court Upholds Pension Rights of Retired Cooperative Bank Employees: Punjab State Cooperative Agricultural Development Bank Ltd. vs. The Registrar, Cooperative Societies and Others (2022) INSC 29

/ Abhay S. Oka, Ajay Rastogi, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Employees Provident Fund Act, 1952, Employees Provident Fund Act, 1952 with Section 17(1C), Employees' Pension Scheme, 1995, Fundamental Rights, Judges, Pension, Service Law, Vested Rights

Supreme Court Upholds Pension Rights of Retired Cooperative Bank Employees Date of the Judgment: 11 January 2022 Citation: (2022) INSC 29 Judges: Hon’ble Justices Ajay Rastogi and Abhay S. Oka Can a cooperative bank unilaterally withdraw a pension scheme that its retired employees had been contributing to and benefiting from for decades? The Supreme Court

Supreme Court Upholds Pension Rights of Retired Cooperative Bank Employees: Punjab State Cooperative Agricultural Development Bank Ltd. vs. The Registrar, Cooperative Societies and Others (2022) INSC 29 Read Post »

Supreme Court overturns High Court conviction in murder case: Mohan @Srinivas vs. State of Karnataka (2021)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 161, Code of Criminal Procedure, 1973 with Section 378, Code of Criminal Procedure, 1973 with Section 384, Constitutional Law, Constitutional Law with Article 21, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, M.M. Sundresh, Sanjay Kishan Kaul

Supreme Court overturns High Court conviction in murder case: Mohan @Srinivas vs. State of Karnataka (2021) Date of the Judgment: 13 December 2021 Citation: 2021 INSC 732 Judges: Sanjay Kishan Kaul, J., M.M. Sundresh, J. Can a High Court reverse a trial court’s acquittal of a murder case based on a different interpretation of the

Supreme Court overturns High Court conviction in murder case: Mohan @Srinivas vs. State of Karnataka (2021) Read Post »

Supreme Court clarifies maintainability of appeals against Single Judge orders in death penalty delay cases: Jasbir Singh vs State of Punjab (2021)

/ Bela M. Trivedi, Constitutional Law, Constitutional Law with Article 21, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 364A, Judges, S. Ravindra Bhat, Uday Umesh Lalit

Supreme Court Clarifies Maintainability of Appeals in Death Penalty Delay Cases LEGAL ISSUE: Whether an intra-court appeal is maintainable against a Single Judge’s order in a writ petition concerning delays in the disposal of mercy petitions in death penalty cases. CASE TYPE: Criminal Case Name: Jasbir Singh @ Jassa ETC. vs. State of Punjab &

Supreme Court clarifies maintainability of appeals against Single Judge orders in death penalty delay cases: Jasbir Singh vs State of Punjab (2021) Read Post »

Supreme Court Quashes Bail Granted by High Court in MCOCA Case: State of Maharashtra vs. Pankaj Jagshi Gangar (2021) INSC 725

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 384, Indian Penal Code, 1860 with Section 386, Indian Penal Code, 1860 with Section 387, Judges, M. R. Shah, Maharashtra Control of Organised Crime Act, 1999, Maharashtra Control of Organised Crime Act, 1999 with Section 21(4), Maharashtra Control of Organised Crime Act, 1999 with Section 23(1)(a), Sanjiv Khanna

Supreme Court Quashes Bail in MCOCA Case: State of Maharashtra vs. Pankaj Jagshi Gangar (2021) INSC 725 LEGAL ISSUE: Whether the High Court was justified in granting bail to an accused under the Maharashtra Control of Organised Crime Act (MCOCA) by way of interim relief while considering a writ petition challenging the vires of certain

Supreme Court Quashes Bail Granted by High Court in MCOCA Case: State of Maharashtra vs. Pankaj Jagshi Gangar (2021) INSC 725 Read Post »

Pegasus Spyware: Supreme Court Orders Independent Probe into Surveillance Allegations (27 October 2021)

/ Constitutional Law, Constitutional Law with Article 21, Cyber Law, Freedom of Speech and Expression, Fundamental Rights, Hima Kohli, Judges, N.V. Ramana, State Surveillance, Surya Kant

Supreme Court Appoints Expert Committee to Probe Pegasus Spyware Allegations LEGAL ISSUE: Allegations of unauthorized surveillance using spyware and its impact on the right to privacy and freedom of speech. CASE TYPE: Public Interest Litigation, Constitutional Law, Cyber Law Case Name: Manohar Lal Sharma vs. Union of India and Ors. [Judgment Date]: 27 October 2021

Pegasus Spyware: Supreme Court Orders Independent Probe into Surveillance Allegations (27 October 2021) Read Post »

Supreme Court Upholds KCOCA Invocation in Gauri Lankesh Murder Case: Kavitha Lankesh vs. State of Karnataka (21 October 2021)

/ A.M. Khanwilkar, Arms Act, 1959, C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 21, Dinesh Maheshwari, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Judges, Karnataka Control of Organised Crimes Act, 2000, Karnataka Control of Organised Crimes Act, 2000 with Section 24, Karnataka Control of Organised Crimes Act, 2000 with Section 3, Offences Against Human Body, Organized Crime

Supreme Court Upholds KCOCA Invocation in Gauri Lankesh Murder Case LEGAL ISSUE: Whether prior approval under Section 24(1)(a) of the Karnataka Control of Organised Crimes Act, 2000 (KCOCA) for recording information about an organized crime is valid, and whether the High Court was correct in quashing the chargesheet against an accused based on the interpretation

Supreme Court Upholds KCOCA Invocation in Gauri Lankesh Murder Case: Kavitha Lankesh vs. State of Karnataka (21 October 2021) Read Post »

Supreme Court Affirms National Green Tribunal’s Suo Motu Powers in Environmental Cases (7 October 2021)

/ A.M. Khanwilkar, C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 21, Hrishikesh Roy, Judges, National Green Tribunal Act, 2010, National Green Tribunal Act, 2010 with Section 14, National Green Tribunal Act, 2010 with Section 19, National Green Tribunal Act, 2010 with Section 20

Supreme Court Affirms National Green Tribunal’s Suo Motu Powers in Environmental Cases (2021) LEGAL ISSUE: Whether the National Green Tribunal (NGT) has the power to initiate actions on its own (suo motu) in environmental matters. CASE TYPE: Environmental Law, Tribunal Law Case Name: Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors. Judgment Date:

Supreme Court Affirms National Green Tribunal’s Suo Motu Powers in Environmental Cases (7 October 2021) Read Post »

Supreme Court Limits High Court’s Power to Issue Blanket Orders on Bail and Arrests: High Court of Judicature for Rajasthan vs. The State of Rajasthan & Anr. (29 September 2021)

/ Aniruddha Bose, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 389, Code of Criminal Procedure, 1973 with Section 438, Code of Criminal Procedure, 1973 with Section 439, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Fundamental Rights, Judges, L. Nageswara Rao

Supreme Court Limits High Court’s Power to Issue Blanket Orders on Bail and Arrests Date of the Judgment: 29 September 2021 Citation: (2021) INSC 648 Judges: L. Nageswara Rao, J., Aniruddha Bose, J. Can a High Court issue blanket orders restricting the listing of bail applications and directing police not to make arrests in certain

Supreme Court Limits High Court’s Power to Issue Blanket Orders on Bail and Arrests: High Court of Judicature for Rajasthan vs. The State of Rajasthan & Anr. (29 September 2021) Read Post »

Supreme Court Directs Guidelines for Ex Gratia Assistance for COVID-19 Deaths: Reepak Kansal vs. Union of India (30 June 2021)

/ Ashok Bhushan, Constitutional Law, Constitutional Law with Article 21, Disaster Management Act, 2005, Disaster Management Act, 2005 with Section 12, Disaster Management Act, 2005 with Section 2(d), Disaster Management Act, 2005 with Section 46, Fundamental Rights, Judges, M.R. Shah

Supreme Court Directs Ex Gratia for COVID-19 Deaths: Reepak Kansal vs. Union of India (2021) LEGAL ISSUE: Whether the National Disaster Management Authority (NDMA) is obligated to provide ex gratia assistance to families of those who died due to COVID-19 under the Disaster Management Act, 2005. CASE TYPE: Public Interest Litigation, Disaster Management Law Case

Supreme Court Directs Guidelines for Ex Gratia Assistance for COVID-19 Deaths: Reepak Kansal vs. Union of India (30 June 2021) Read Post »

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