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]

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]

State of West Bengal and ORS Vs  The Committee for Protection of Democratic Rights, West Bengal and ORS [ ALL SC 2010 FEBRUARY]

It may not be out of place to mention that in so far as this Court is concerned, apart from Articles 32 and 142 which empower this Court to issue such directions, as may be necessary for doing complete justice in any cause or matter, Article 144 of the Constitution also mandates all authorities, civil or judicial in the territory of India, to act in aid of the orders passed by this Court.… Read More State of West Bengal and ORS Vs  The Committee for Protection of Democratic Rights, West Bengal and ORS [ ALL SC 2010 FEBRUARY]

Board Of Control For Cricket In vs Kochi Cricket Pvt Ltd And Etc [ALL SC

all cases where the Section 34 petition is filed after the commencement of the Amendment Act, and an application for stay having been made under Section 36 therein, will be governed by Section 34 as amended and Section 36 as substituted. But, what is to happen to Section 34 petitions that have been filed before the commencement of the Amendment Act, which were governed by Section 36 of the old Act? Would Section 36, as substituted, apply to such petitions? To answer this question, we have necessarily to decide on what is meant by “enforcement” in Section 36. On the one hand, it has been argued that “enforcement” is nothing but “execution”, and on the other hand, it has been argued that “enforcement” and “execution” are different concepts, “enforcement” being substantive and “execution” being procedural in nature.… Read More Board Of Control For Cricket In vs Kochi Cricket Pvt Ltd And Etc [ALL SC

Sarita Sharma Appellant Versus Sushil Sharma Respondent [ALL SC 2000 FEBRUARY]

It will not be proper to be guided entirely by the fact that the appellant Sarita had removed the children from U.S.A. despite the order of the Court of that country. So also, in view of the facts and circumstances of the case, the decree passed by the American Court though a relevant factor, cannot override the consideration of welfare of the minor children.… Read More Sarita Sharma Appellant Versus Sushil Sharma Respondent [ALL SC 2000 FEBRUARY]

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

Most Rev. P. M. A. Metropolitan and others Versus Moran Mar marthoma Mathews and another [ ALL SC 1996 MARCH ]

AIR 1996 SC 3121 : (1996) 3 SCR 857 : (1996) 8 SCC 470 : JT 1996 (3) SC 446 : (1996) 3 SCALE 89 (SUPREME COURT OF INDIA) Most Rev. P. M. A. Metropolitan and others Appellant Versus Moran Mar marthoma Mathews and another Respondent (Before: B. P. Jeevan Reddy, S. C. Sen And… Read More Most Rev. P. M. A. Metropolitan and others Versus Moran Mar marthoma Mathews and another [ ALL SC 1996 MARCH ]