Mayur Panabhai Shah Appellant Versus State of Gujarat[SC 1982 January]

Keywords: Medical Evidence Evidence Act, 1872—Section 45—Expert evidence—Medical evidence—Presumption of truthfulness—Where a Doctor has deposed in the Court, his evidence has to be appreciated like any other witness—There is no irrebuttable presumption that a Doctor is always witness of truth. AIR 1983 SC 66 : (1982) 2 SCC 396 : (1982) 1 SCALE 523 :… Read More Mayur Panabhai Shah Appellant Versus State of Gujarat[SC 1982 January]

State of West Bengal and others Versus Swapan Kumar Guha and others[SC 1982 February]

Whether an offence has been disclosed or not must necessarily depend on the facts and circumstances of each particular case. In considering whether an offence into which an investigation is made or to be made, is disclosed or not, the Court has mainly to take into consideration the complaint or the F.I.R. and the Court… Read More State of West Bengal and others Versus Swapan Kumar Guha and others[SC 1982 February]

D. S. Nakara and others vs Union of India[ALL SC 1982 DECEMBER]

KEYWORDS:-PENSION SCHEME- UNREASONABLE CLASSIFICATION- DATE :-17-12-1982 Any member of the public having sufficient interest can maintain an action for such judicial redress for public injury arising from a breach of public duty. With the expanding horizons of socio-economic justice, the socialist Republic and welfare State which we endeavour to set up and largely influenced by… Read More D. S. Nakara and others vs Union of India[ALL SC 1982 DECEMBER]

RESERVE BANK OF INDIA AND ORS Vs. C.N. SAHASRANAMAN AND ORS [ALL SC 1986 APRIL]

The main question which needs determination is whether part of the scheme mentioned before introduced by the Reserve Bank of India is violative of guarantee of equality before law and of equal opportunity in public employment as enshrined in Articles 14 and 16 of the Constitution. The High Court noted that the point arose at the instance of three petitioners who were Grade II working at Nagpur branch of Reserve Bank ever since their employment which commenced somewhere between 1960 to 1965.… Read More RESERVE BANK OF INDIA AND ORS Vs. C.N. SAHASRANAMAN AND ORS [ALL SC 1986 APRIL]

Navtej Singh Johar & Ors. Vs. Union of India through Secretary, Ministry of Law and Justice [ALL SC 2018 September]

September 6, 2018:-SECTION 377of IPC-Homosexuality-It is declared that insofar as Section 377 criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15, 19, and 21 of the Constitution. It is, however, clarified that such consent must be free consent,… Read More Navtej Singh Johar & Ors. Vs. Union of India through Secretary, Ministry of Law and Justice [ALL SC 2018 September]

Suresh Kumar Koushal & Anr vs Naz Foundation & Ors [ALL SC 2013 DECEMBER]

SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.10972 OF 2013 (Arising out of SLP (C) No.15436 of 2009) Suresh Kumar Koushal & Anr vs Naz Foundation & Ors Decided on: 11 December 2013 Bench: G.S. Singhvi, Sudhansu Jyoti Mukhopadhaya JUDGMENT G.S. SINGHVI, J. 1. Leave granted. 2. These appeals are directed against order… Read More Suresh Kumar Koushal & Anr vs Naz Foundation & Ors [ALL SC 2013 DECEMBER]

Kuldip Nayar Versus Union of India and Ors [ALL SC 2006 AUGUST]

In the writ petition, there is a further challenge to the amendments in Sections 59, 94 and 128 of the RP Act, 1951 by which Open Ballot System is introduced which, according to the petitioner, violates the principle of ‘secrecy’ which, according to the petitioner, is the essence of free and fair elections as also the voter’s freedom of expression which is the basic feature of the Constitution and the subject matter of the fundamental right under Article 19(1)(a) of the Constitution.… Read More Kuldip Nayar Versus Union of India and Ors [ALL SC 2006 AUGUST]

Smt. Surinder Kaur Sandhu Versus Harbax Singh Sandhu and another [All SC 1984 APRIL]

The modern theory of conflict of Laws recognises and, in any event, prefers the jurisdiction of the State which has the most intimate contact with the issues arising in the case. The spouses in this case had made England their home where this boy was born to them. The father cannot deprive the English Court of its jurisdiction to decide upon his custody by removing him to India.… Read More Smt. Surinder Kaur Sandhu Versus Harbax Singh Sandhu and another [All SC 1984 APRIL]

How to ascertain continuing consent in a proceeding under Section 13B of Hindu Marriage Act

Supreme Court in the case of Smt. Sureshta Devi v. Om Prakash (1991) 2 SCC 25, gives considerable guidance. 33. In Paragraph 8 of the said judgment, this Court summed up the requirement of Section 13B (1) as follows : “8. There are three other requirements in sub-section (1). They are : (i) They have… Read More How to ascertain continuing consent in a proceeding under Section 13B of Hindu Marriage Act