Judgment Image - Joseph Shine vs. Union of India, Writ Petition (Criminal) No.194/2017

27-09-2018 - Supreme Court of India

Joseph Shine vs. Union of India, Writ Petition (Criminal) No.194/2017

Section 497 of the Indian Penal Code, 1860 and Section 198 of the Code of Criminal Procedure, 1973 are violative of Articles 14, 15(1), and 21 of the Constitution of India.
 

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

31-10-2017 - DELHI HIGH COURT

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

22-08-2017 - Supreme Court of India

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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Judgment Image - Ram Kishan Fauji Versus State of Haryana and Ors.

23-03-2017 - Supreme Court of India

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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Judgment Image - Hussain And Anr vs Union Of India on 9 March, 2017

09-03-2017 - Supreme Court of India

Hussain And Anr vs Union Of India on 9 March, 2017

Bail application shall not remain pending in subordinate court for more than one week and in high court for not more than 2-3 weeks

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Judgment Image - Kishore Bhadke vs State Of Maharashtra on 3 January, 2017

03-01-2017 - Supreme Court of India

Kishore Bhadke vs State Of Maharashtra on 3 January, 2017

This Court has held that a joint disclosure or simultaneous disclosures, per se, are not inadmissible under Section 27 of the Evidence Act. Joint or simultaneous disclosure is a myth, because two or more accused persons would not have uttered informatory words in chorus.

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

02-01-2017 - SUPREME COURT OF INDIA

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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Judgment Image - SHYAM NARAYAN CHOUKSEY Petitioner(s)  VERSUS  UNION OF INDIA Respondent(s)

30-11-2016 - Supreme Court of India

SHYAM NARAYAN CHOUKSEY Petitioner(s) VERSUS UNION OF INDIA Respondent(s)

NATIONAL ANTHEM CASE- it is the duty of every person to show respect when the National Anthem is played or recited or sung. Apex court passed following directions -

(a) There shall be no commercial exploitation to give financial advantage or any kind of benefit.

(b) There shall not be dramatization of the National Anthem and it should not be included as a part of any variety show.

(c) Not be printed on any object and also never be displayed in such a manner at such places which  may be disgraceful to its status and tantamount to disrespect. 

(d) All the cinema halls in India shall play the National Anthem before the feature film starts and all present in the hall are obliged to stand up to show respect to the National Anthem. 

(e) Prior to the National Anthem is played or sung in the cinema hall on the screen, the entry and exit doors shall remain closed so that no one can create any kind of disturbance which will amount to disrespect to the National Anthem. After the National Anthem is played or sung, the doors can be opened. 

(f) When the National Anthem shall be played in the Cinema Halls, it shall be with the National Flag on the screen. 

(g) The abridge version of the National Anthem made by any one for whatever reason shall not be played or displayed.

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Judgment Image - MUKARRAB ETC.  Versus  STATE OF U.P.

30-11-2016 - SUPREME COURT OF INDIA

MUKARRAB ETC. Versus STATE OF U.P.

BONE OSSIFICATION TEST MEDICAL IS NOT CONCLUSIVE PROOF OF AGE- Medical evidence as to the age of a person though a very useful guiding factor is not conclusive and has to be considered along with other circumstances. Bench said "We hold that ossification test cannot be regarded as conclusive when it comes to ascertaining the age of a person"

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Judgment Image - RAMESH AND OTHERS V. STATE OF HARYANA , CRIMINAL APPEAL NO. 2526 OF 2014

22-11-2016 - SUPREME COURT OF INDIA

RAMESH AND OTHERS V. STATE OF HARYANA , CRIMINAL APPEAL NO. 2526 OF 2014

CONVICTION DESPITE WITNESS TURNED HOSTILE-

it is held by Apex court "In my fieldwork experiences, witnesses become “hostile” not only when  they are directly implicated in a case filed by the police, but  also  when  they are on the side of the plaintiff's  party. During  the  often  rather  long period that elapses between the police investigation and the  trial  itself, often observed, the party who has lodged the complaint  (and  who  becomes the main witness) can irreparably compromise the case with the  other  party by means of compensation, threat or blackmail."

The State has a definite role to play in protecting the  witnesses,  to start with at least in sensitive cases involving those  in  power, who  has political patronage and could wield muscle and money power, to  avert  trial getting tainted and derailed and truth becoming a casualty. As  a  protector of its citizens it has to ensure that during a trial in  Court  the  witness could safely depose truth  without  any  fear  of  being  haunted  by  those against whom he had deposed. Every State  has  a  constitutional  obligation and duty to protect the life and  liberty  of  its  citizens.

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