T.M.A Pai Foundation & Ors vs State Of Karnataka & Ors on 31 October, 2002

WHAT ARE MINORITY INSTITUTION- REQUIREMENT TO ESTABLISH MINORITY INSTITUTIONS- All citizens have a right to establish and administer educational institutions under Articles 19(1)(g) and 26, but this right is subject to the provisions of Articles 19(6) and 26(a). However, minority institutions will have a right to admit students belonging to the minority group.

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Shayara Bano Versus Union of India and others, Writ Petition (C) No. 118 of 2016

Hon'ble Supreme Court held "Talaq is manifestly arbitrary in the sense that the marital tie can be broken capriciously and whimsically by a Muslim man without any attempt at reconciliation so as to save it. This form of Talaq must, therefore, be held to be violative of the fundamental right contained under Article 14 of the Constitution of India. In our opinion, therefore, the 1937 Act, insofar as it seeks to recognize and enforce Triple Talaq, is within the meaning of the expression “laws in force” in Article 13(1) and must be struck down as being void to the extent that it recognizes and enforces Triple Talaq".

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SHANTA KUMAR Versus COUNCIL OF SCIENTIFIC ANDINDUSTRIAL RESEARCH (CSIR) & ORS

Mere Physical Contact does not amount to Sexual Harassment-

Delhi High Court held -"The Complaint Committee concluded that respondent no.3 might have held the petitioner’s arm and thrown the material in her hand in a fit of anger; although, the said incident may be a case of harassment and is deplorable, the same would not qualify as a sexual harassment. Plainly, all physical contact cannot be termed as sexual harassment and only a physical contact or advances which are in the nature of an “unwelcome sexually determined behavior” would amount to sexual harassment.”

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Naveen Kohli v. Neelu Kohli - DATE OF JUDGMENT: 21/03/2006

 Irretrievable breakdown of marriage is a ground for the grant of divorce-  Supreme Court of India in its landmark judgment held  that -Before we part with this case, on the consideration of the totality of facts, this Court would like to recommend the Union of India to seriously consider bringing an amendment in the Hindu Marriage Act, 1955 to incorporate irretrievable breakdown of marriage as a ground for the grant of divorce. A copy of this judgment be sent to the Secretary, Ministry of Law & Justice, Department of Legal Affairs, Government of India for taking appropriate steps.

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Ram Kishan Fauji Versus State of Haryana and Ors.

The Supreme Court has held that an intra-court appeal cannot be filed before a division bench of the high court if a single judge has passed the order in a criminal case

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Dayal Singh & Ors. Versus State of Uttaranchal

In this important case Hon'ble decided three important issue -

1.  Where acts of omission and commission, deliberate  or  otherwise,  are committed by the investigating agency or other significant  witnesses instrumental in proving the offence, what approach,  in  appreciation of evidence, should be adopted?

2. Depending upon the answer to the  above,  what  directions  should  be issued by the courts of competent jurisdiction?

3. Whenever there is some conflict in the eye-witness version  of  events and the medical evidence, what effect will it have on the case of the prosecution and what would be the manner in which  the  Court  should appreciate such evidence?

HELD- WHERE THERE IS AN INCONSISTENCY WITH MEDICAL EVIDENCE (POST MORTEM) AND EYE WITNESS, THE RELIABLE TESTIMONY OF EYE WITNESS SHALL PREVIAL - REFER PARA 11 AND 12 OF JUDGMENT

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MADAN GOPAL KAKKAD Vs. NAVAL DUBEY AND ANR

The medical officer should mention the negative facts in his report, but should not give his opinion that no rape had been committed. Rape is crime and not a medical condition. Rape is a legal term and not a diagnosis to be made by the medical officer treating the victim. The only statement that can be made by the medical officer is that there is evidence of recent sexual activity. Whether the rape has occurred or not is a legal conclusion, not a medical one.

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Abhiram Singh V. C.D. Commachen (DEAD) BY LRS. & ORS , New Delhi, January 02, 2017

SEEKING VOTES ON GROUND OF RELIGION IS UNCONSTITUTIONAL -

Hon'ble Supreme Court ban on seeking votes over religion, race or caste. Held- “religion, race, caste, community or language would not be allowed to play any role in the electoral process”. Section 123(3) of the Representation of the People Act defines as “corrupt practice” appeals made by a candidate or his agents to vote or refrain from voting for any person on the ground of “his” religion, race, caste, community or language.  The Constitution forbids state from mixing religion with politics,” ruled a seven-judge constitution bench headed by Chief Justice T.S. Chief Justice Thakur, judges S.A. Bobde, Adarsh Kumar Goel and L. Nageswara Rao and Madan B. Lokur formed the majority opinion. Three judges—Adarsh Kumar Goel, U.U. Lalit and D.Y. Chandrachud—argued against it maintaining this was the prerogative of Parliament

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Avon Organics Ltd. vs Poineer Products Ltd. And Ors. on 4 July, 2003

ANDHRA PRADESH HIGH COURT held-  "I am of considered view that the cheque issued without mentioning the amount for which it is drawn is not a cheque at all. It is not a bill of exchange at all as it is not drawn for a certain amount. When such is the thing, the question of invoking Section 138 of the Act does not arise". 

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Ramkrishna Urban Co-operative Credit Society Ltd., Maliwada, Ahmednagar v. Shri Rajendra Bhagchand Warma 2010

Bombay High Court held - Banks cannot prosecute borrowers under section 138, Negotiable Instrument Act, if blank post-dated cheques issued by them as collateral security are dishonoured. The court upheld the acquittal of Ahmednagar resident Rajendra Warma, who was prosecuted after a blank cheque issued by him for a loan was dishonoured. ​

''It is doubtful if the provisions of Section 138 of the Negotiable Instruments Act can apply to a case in which a blank or post-dated cheque is obtained by a bank or money lender before or while sanctioning or disbursing loan amounts as security for the loan,'' said Justice P R Borkar. The order is likely to come as a huge setback to lending agencies who ask borrowers to deposit blank post-dated cheques as security. ''Law-makers must not have intended or imagined that money lenders or banks would obtain blank or post-dated cheques while sanctioning/disbursing loans as securities and would use them to make debtors/borrowers repay the loan under threat of prosecution and punishment (under the cheque-bouncing law),'' added the judge".
 

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