KEYWORDS:-Evidence by Affidavit- In the case of a living person evidence in judicial proceedings must be tendered by calling the witness to the witness stand and cannot be substituted by an affidavit unless the law permits it, e.g. Ss. 295 and 407(3), or the Court expressly allows it. AIR 1989 SC 705 : (1989) 1… Read More Munir Ahmad and others Vs State of Rajasthan [ALL SC 1989 January]
KEYWORDS:-Doing business on the pavements- DATE:- 30-08-1989- Street Trading being a fundamental right has to be made available to the citizens subject to Article 19(6) of the Constitution. AIR 1989 SC 1988 : (1989) 3 SCR 1038 : (1989) 4 SCC 155 : JT 1989 (3) SC 553 : (1989) 2 SCALE 430 (SUPREME COURT OF… Read More Sodan Singh and Vs New Delhi Municipal Committee and another[ALL SC 1989 AUGUST]
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]
September 04, 2018: ALTERNATIVE SENTENCE-In our considered opinion, firstly, taking into account that the appellant has already undergone one month’s jail sentence out of three months awarded to him, secondly, the fact that the incident in question is quite old and seems to have occurred at the spur of the moment, thirdly, the appellant has no criminal antecedent in his past life and lastly, he is not required in any other criminal case except the one in question which the appellant fairly did not deny having committed and rightly did not challenge his conviction, it is considered to be just and proper to alter the jail sentence awarded to the appellant from three months to the extent of period of one month which was already undergone by him and instead enhance the total fine amount awarded under different Sections from Rs.800/to Rs.15,000/-APPEAL PARTLY ALLOWED… Read More Haribhau Vs. State of Maharashtra [ALL SC 2018 SEPTEMBER]
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]
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]
The question whether free and fair election is possible to be held or not has to be objectively assessed by the Election Commission by taking into consideration all relevant aspects. Efforts should be to hold the election and not to defer holding of election.… Read More Special Reference No. 1 of 2002. [ALL SC 2002 October ]
whether the dissolution of Assembly under Article 356(1) of the Constitution of India can be ordered to prevent the staking of claim by a political party on the ground that the majority has been obtained by illegal means.… Read More Rameshwar Prasad and OTHERS Versus Union of India and ANOTHER [ ALL SC 2006 JANUARY ]
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]
In order to exercise the discretion of reducing the sentence and statutory requirement is that the Court has to record ‘adequate and special reasons’ in the judgment and not fanciful reasons which would permit the Court to impose a sentence less than the prescribed minimum. The reason has not only to be adequate but special. What is adequate and special would depend upon several factors and no strait-jacket formula can be imposed.… Read More Bhupinder Sharma Versus State of Himachal Pradesh [ALL SC 2003 October]
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
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
KEYWORD:- Default judgment AIR 1999 SC 3381 : (1999) 2 Suppl. SCR 258 : (1999) 8 SCC 396 : JT 1999 (6) SC 473 : (1999) 5 SCALE 400 (SUPREME COURT OF INDIA) Balraj Taneja and another Appellant Versus Sunil Madan and another Respondent
KEYWORDS:- Rejection of Plaint AIR 2004 SC 1801 : (2004) 1 SCR 1004 : (2004) 3 SCC 137 : JT 2004 (2) Suppl. SC 515 : (2004) 2 SCALE 82 (SUPREME COURT OF INDIA) Sopan Sukhdeo Sable and others Appellant Versus Assistant Charity Commissioner and others Respondent (Before : Doraiswamy Raju And A. Pasayat, JJ.)… Read More Sopan Sukhdeo Sable and others Vs Assistant Charity Commissioner and others [ALL SC 2004 JANUARY]
