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Landmark Legal Cases in India

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0% found this document useful (0 votes)
12 views10 pages

Landmark Legal Cases in India

Uploaded by

k662y4h2k8
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

[Link].

Case Remarks

1. Bant Singh Case Caste based violence to justice

2 Nikesh Tarachand Shah Case 2018 Sec 45 of PMLA against 13,21

3. Vijay Madanlal Chaudhary Case 2022 Sec 45 is Constitutional

4 MR Balaji (1950) 50% reservations


Devadasan (1964)
NM Thomas (1976)
Indira Sawhney (1992)

5 EV Chinnaiah (2005) “Creamy layer” concept


- SC said no to sub-categorisation

5A Davinder Singh Case 2024 Reversed Chinnaiah - Article 341(2) does not bar from sub-
categorisation of SC/ST list

6 M Nagaraj (2006) Collect quantifiable data for reservations

7 Saurav Yadav (2020) 50% shouldn’t be “ordinarily” breached

8 Jarnail Singh v/s Lachhmi Narain Gupta (2018) Creamy layer principle applies to SC/STs as well

9 Janhit Abhiyan 2022 EWS valid

9A` Ram Singh 2015 Social deficiency may exist beyond caste
- new criteria for reservations

10 Patna HC Strike down 65% reservation based on caste census

10A Dr BR Ambedkar Vichar Manch Case 2024 States cannot make changes to SC list under Article 341
(only Parliament can)
**Bihar: Tanti-Tantwa

11 Yogesh Gupta v/s EC EC submitted it’s right time to introduce “totaliser” for counting
Ashwini Kumar Upadhyay v/s UoI to prevent mapping of voters.

12 ADR v/s ECI 2024 1. Rejected 100% VVPAT matching


2. Make provisions for verification of burnt memories of
upto 5% devices on demand by 2nd/3rd candidates

12A ADR v/s UoI 2024 Electoral Bonds

13 Baru Ram Case 1969 Disqualification of electoral candidate due to corrupt practices

14 Anoop Baranwal 2023 ECI - PM, LoP, CJI


(overturned by law)

15 Lily Thomas 2014 Sec 8(4) struck down


[Link]. Case Remarks

1. Bant Singh Case Caste based violence to justice

2 Nikesh Tarachand Shah Case 2018 Sec 45 of PMLA against 13,21

3. Vijay Madanlal Chaudhary Case 2022 Sec 45 is Constitutional

4 MR Balaji (1950) 50% reservations


Devadasan (1964)
NM Thomas (1976)
Indira Sawhney (1992)

5 EV Chinnaiah (2005) “Creamy layer” concept


- SC said no to sub-categorisation

Note: RaGa case - appeal accepted

15A INC v/s Institute of Social Welfare Case 2002 ECI can’t penalize for violating inner party democracy

15B Public Interest Foundation vs UoI 2018 Pol parties to produce criminal records of their candidates on
websites, social media and newspapers

Harbans Singh Jalal 1997 MCC period (announcement to results)

16 Bachan Singh 1980 Death penalty constitutional,


rarest of the rare case doctrine

17 Machi Singh Case 1983 Further clarification on rarest of the rare doctrine (crime
shocks the collective conscience of society)

18 Shatrughan Chauhan Delay in execution = torture


- min 14 days notice before execution

20 Devinder Pal Singh Bhullar Case Delay → commutation to life imprisonment , but not in
terrorism case

21 Ashok Hurra case Curative petition

22 Epuru Sudhakar Case Limited JR allowed under 72,161

23 V Sriharan Case SG’s advice binding on Governor

24 Bilkis Bano Case 2023 SG = state where trial happened (not crime)

25 Ritu Chhabaria 2023 Arrest not necessary upon filing chargesheet unless accused
is likely to abscond

26 Arnesh Kumar 2014 Arrest should be made only when absolutely necessary and
backed by concrete evidence

27 DK Basu 1997 Rights of undertrials - mandatory procedures of arrest and


[Link]. Case Remarks

1. Bant Singh Case Caste based violence to justice

2 Nikesh Tarachand Shah Case 2018 Sec 45 of PMLA against 13,21

3. Vijay Madanlal Chaudhary Case 2022 Sec 45 is Constitutional

4 MR Balaji (1950) 50% reservations


Devadasan (1964)
NM Thomas (1976)
Indira Sawhney (1992)

5 EV Chinnaiah (2005) “Creamy layer” concept


- SC said no to sub-categorisation

detention

28 Rasik Lal Case 2009 Right to bail (undertrials)

29 Bombay HC 2024 Refused to overturn Hijab ban in educational institutions

30 John Vallamattom 2003 Sec 118 of Indian Succession Act unconstitutional (Christians
bequeathing property for religious or charitable purpose)

31 SC on menstrual leave policy Policy issue - let policy makers decide


Will encourage women to participate in workforce, but might
also discourage employers from hiring women

32 Mohd Abdul Samad Case , 2024 Reiterated right of maintenance for Muslim women (Sec 125
Daniel Latifi (2001) CrPC)
Shah Bano Case (1985)

32A Shah Bano UCC


Paulo Coutinho 2019

33 Kedar Nath Singh Case 1. Right to assemble doesn’t include right to commit
violence
2. Sedition law was upheld - incitement to violence
followed by actual violence (necessary condition)

34 Maneka Gandhi 1978 Due process of law, principle of natural justice


-right to environment

35 Kharak Singh Case 1963 Granted Right to privacy but didn’t recognise it as
fundamental right

36 Puttaswamy Case (2017) Right to privacy as FR

37 Aruna Shanbaug (2011) - passive euthanasia Right to refuse medical treatment and die with dignity
Common Cause vs UoI (2018) - living will in case (passive euthanasia)
of terminal illness
[Link]. Case Remarks

1. Bant Singh Case Caste based violence to justice

2 Nikesh Tarachand Shah Case 2018 Sec 45 of PMLA against 13,21

3. Vijay Madanlal Chaudhary Case 2022 Sec 45 is Constitutional

4 MR Balaji (1950) 50% reservations


Devadasan (1964)
NM Thomas (1976)
Indira Sawhney (1992)

5 EV Chinnaiah (2005) “Creamy layer” concept


- SC said no to sub-categorisation

38 Unni Krishnan (1993) State has a duty to provide education

39 TMA Pai Foundation (2002) Autonomy of pvt institutions

39A Islamic Academy Case 2003 Clarifications on TMA Pai

40 Pramati Educational and Cultural Trust Case RTE Act in pvt


(2014)

41 Shirur Mutt Case 1954 Religion under 25 = beliefs as well as practices

42 Dargah Committee (1961) State cannot interfere in managing religious affairs

43 Subramanian Swamy Case Sec 499 (Criminal defamation) upheld

44 IR Coelho 2017 JR on basic structure grounds for laws added into 9th
schedule after KB 73

45 Waman Rao 1981 Amend (9th Sch) before KB 73 are valid

46 Narasu Appu Mali 1951 Excluded personal laws from 13(3)

47 Sarla Mudgal 1995 SC called for UCC

47A Bansilal Pitti 1996 UCC essential but make it gradual to maintain social fabric

48 Shayara Bano 2017 Talaq-i-biddat abolished

49 Bhopal Gas Tragedy $470M compensation (using Art 142)

50 Vishakha Guidelines (Bhanwari Devi Case) POSH

51 Ram Mandir Case 142 - alternate land for mosque

52 Prem Chandra Garg Case 1962 Use 142 only to protect rights of individuals, not at the cost of
rights of others
[Link]. Case Remarks

1. Bant Singh Case Caste based violence to justice

2 Nikesh Tarachand Shah Case 2018 Sec 45 of PMLA against 13,21

3. Vijay Madanlal Chaudhary Case 2022 Sec 45 is Constitutional

4 MR Balaji (1950) 50% reservations


Devadasan (1964)
NM Thomas (1976)
Indira Sawhney (1992)

5 EV Chinnaiah (2005) “Creamy layer” concept


- SC said no to sub-categorisation

53 Second Judges Case Supplement law, not make law (142)

54 Uma Devi Case 2006 142 to be used only on legal principles, not on sympathy

55 All India Judges Association Case 1992 SC suggested AIJS

56 Ram Jawaya Case 1955 Separation of powers

57 Ram Singh Case 2004 MP Special Police Establishment Case


- strengthening institutional mechanisms against corruption

58 Nabam Rebia 2016 SC can reinstate Govt

59 Vineet Narain Case Ensure at least 2 years of tenure for CBI Director

60 NALSA Case 2014 Recognised transgenders

61 Hussainara Khatoon Right to speedy trial - undertrials

62 Olga Tellis Right to livelihood, right to clean environment

63 Faheema Shirin Kerala HC - right to internet access

64 Armugam Servai Caste based discrimination and honor killings

65 Poonawalla Case 2018 SC condemned mob lynching


- preventive and corrective measures

66 Nagaraja case 2014 Jallikattu ban

69 Baby Manji Yamada case 2008 Surrogacy legal loophole

70 Hadiya case Free to make choices

71 Rev Stanislaus 1977 No right to convert others

72 Sabarimala Case Justice Indu malhotra dissent


[Link]. Case Remarks

1. Bant Singh Case Caste based violence to justice

2 Nikesh Tarachand Shah Case 2018 Sec 45 of PMLA against 13,21

3. Vijay Madanlal Chaudhary Case 2022 Sec 45 is Constitutional

4 MR Balaji (1950) 50% reservations


Devadasan (1964)
NM Thomas (1976)
Indira Sawhney (1992)

5 EV Chinnaiah (2005) “Creamy layer” concept


- SC said no to sub-categorisation

73 Pravasi Bhalai Sangathan 2014 -ve impact of hate speech

74 Shreya Singhal 2015 19(2) only if it incites violence

75 Amish Devgan 2020 Balance b/w FoSE & prevention of hatred

76 Vineeta Sharma case 2020 Coparcenary rights - SC resolved conflicting judgments

77 Babita Puniya Case Permanent commission to women officers

78 SR Bommai Fed, Dem, Sec as basic struct

79 Shamsher Singh 1974 Advise of CoM binding on Gov

80 Nabam Rebia 2016 -JR of Governor’s discretion applied beyond jurisdiction


- speaker facing notice for removal can’t decide on ADL

81 BP Singhal Pleasure of President - compelling and valid reason to


withdraw

82 State of Punjab Case 2023 Can’t hold bill indefinitely

83 TN Governor Case 2023 Can’t send to Prez after Legislature has re enacted bill
following withholding of assent

84 PV Narsimha Rao Case 1998 Parliamentary Privilege

85 MSM Sharma Case FR over privileges

86 Raja Rampal Judicial scrutiny of expulsion of member for breach of


privilege

87 K. Meghchandra Singh (2020) Permanent tribunal for ADL


- speaker to decide in reasonable time

88 Kihoto Hollohan (1992) JR of Speakers decision in ADL


[Link]. Case Remarks

1. Bant Singh Case Caste based violence to justice

2 Nikesh Tarachand Shah Case 2018 Sec 45 of PMLA against 13,21

3. Vijay Madanlal Chaudhary Case 2022 Sec 45 is Constitutional

4 MR Balaji (1950) 50% reservations


Devadasan (1964)
NM Thomas (1976)
Indira Sawhney (1992)

5 EV Chinnaiah (2005) “Creamy layer” concept


- SC said no to sub-categorisation

89 Prakash Singh 2006 State Security Cmsn, National Security Cmsn


(transfer, posting, promotions of Police)

Instructed states to bring police reforms

90 Bhim Singh Case Welfare state as basic structure

91 Suresh Mahajan vs State of MP 2022 Timely elections for ULBs

92 2024 SC laid down a framework for the representation of Persons


with Disabilities in visual media

93 Shankarappa Case 2000 Centre can’t apply revisionary powers on films already
certified by CBFC

94 S Rangrajan 1989 Can’t restrict a film just on the threat of demonstration or


violence.

95 Ranjitsinh Case -Right to be protected from Climate change


-Great Indian Bustard
-need for umbrella legislation on CC

96 Rural Litigation and Entitlement Kendra 1988 Right to live in a healthy environment

-Maneka Gandhi 1978 - Right to environment

97 MC Mehta 1987 Live in pollution free environment

98 Vellore Citizens Welfare Forum 1996 Polluters pay & Precautionary Principle

99 Oleum Gas leak case 1988 Industries responsible for proper waste treatment

100 Taj Trapezium Case 1996 Ban use of coal/coke in 10,400 sq km area

101 Chidambaram Case 2014 SC permitted Dikshitars (priest community) to manage temple
emphasizing the need to preserve tradition
[Link]. Case Remarks

1. Bant Singh Case Caste based violence to justice

2 Nikesh Tarachand Shah Case 2018 Sec 45 of PMLA against 13,21

3. Vijay Madanlal Chaudhary Case 2022 Sec 45 is Constitutional

4 MR Balaji (1950) 50% reservations


Devadasan (1964)
NM Thomas (1976)
Indira Sawhney (1992)

5 EV Chinnaiah (2005) “Creamy layer” concept


- SC said no to sub-categorisation

102 Padmanabhaswamy Temple case 2020 Erstwhile Travancore royal family given management rights

103 Seshammal Case 1972 Appointment of priest is secular function

104 Anuradha Bhasin 2020 - Internet freedom part of 19(1)


- Suspension shd be temporary and is under JR

105 Foundation of Media Professionals 2020 Right to speech, health, education, and business must be
balanced with National Security concerns

106 Kulwal Case 1986 19 implies RTI

107 Anjali Bhardwaj 2019 Fill up vacant posts in SIC & CIC

108 Kerala State Electricity Board case Delegated legislation should supplement, not replace laws

109 Vivek Narayan Sharma Case 2016 Delegated legislation (demonetisation) valid

110 DS Grewal Case Art 312 deals with powers of delegated legislation

111 Champakam Durairajan 1951 Part 3> Part 4

112 Kerala Education Bill 1967 Harmonious construction, but Part 3>4 if has to chose

113 Minerva Mills 1980 Balance and harmony b/w Part 3 & 4

114 SR Bommai Article 356


Buta Singh -floor test (only way to judge)
-only values related to basic structure counts as breakdown
-should be the last option

115 Kolkata Gas Ltd Case Widest possible and most liberal interpretations should be
given to the language of each entry of the constitution

116 International Tourism Corporation case Residual power should not disbalance the federal polity

117 K krishna case Doctrine of Pith and Substance


[Link]. Case Remarks

1. Bant Singh Case Caste based violence to justice

2 Nikesh Tarachand Shah Case 2018 Sec 45 of PMLA against 13,21

3. Vijay Madanlal Chaudhary Case 2022 Sec 45 is Constitutional

4 MR Balaji (1950) 50% reservations


Devadasan (1964)
NM Thomas (1976)
Indira Sawhney (1992)

5 EV Chinnaiah (2005) “Creamy layer” concept


- SC said no to sub-categorisation

118 CG Narayan Dev Colourable legislation (prohibited directly means prohibited


indirectly as well)

119 Delhi Judicial Services 1991 SC can also punish for the contempt of other courts

120 Babulal Parate Case 1956 State’s opinion not binding in state reorganization under
Article 3

121 TN Seshan 1995 ECs=CEC in power

122 IMT Industrial Association v/s Haryana case Reservations for locals in pvt jobs is unconstitutional

123 Joseph Shine 2018 497 (adultery) struck down

124 Berubari Union Case 1960 Preamble not a part


Key to unlock mind

125 KB 1973 Integral part, but can’t be enforced directly


LIC 1995 KB - most imp point of reference (provisions has to be
interpreted in the light of Preamble)

126 AK Gopalan 1950 Not to be interpreted in light of Preamble

127 SM Tripathi Case 2024 Need for model menstrual leave policy

(Bihar 1992, Japan - cultural taboo, Spain, Ireland)

128 Balwant Singh Guidelines PIL - judicial overreach should be avoided

129 Kalyan Singh Case 2017 Immunity under 361 as long as he remains Governor,
Will Frame charges as soon as he demits office

130 MP High Court in Vyapam Case 361(2) provides absolute guarantee against malicious
campaign/publicity against the head of the state

131 Rameshwar Prasad 2006 361(1) gives complete immunity for official acts, but
[Link]. Case Remarks

1. Bant Singh Case Caste based violence to justice

2 Nikesh Tarachand Shah Case 2018 Sec 45 of PMLA against 13,21

3. Vijay Madanlal Chaudhary Case 2022 Sec 45 is Constitutional

4 MR Balaji (1950) 50% reservations


Devadasan (1964)
NM Thomas (1976)
Indira Sawhney (1992)

5 EV Chinnaiah (2005) “Creamy layer” concept


- SC said no to sub-categorisation

does not take away right to examine the validity on


grounds of malafide

→ presence of objective document for 356

132 US SC - Trump case Absolute immunity for official acts, not for unofficial or
personal acts

133 Abhiram Singh Case 2017 Appealing to ascriptive identity for votes is corrupt practice
under RPA

134 Harsh Mander 2018 Delhi HC decriminalized begging (right to life - dignity)

135 Safai Karmachari vs UoI 2014 Manual scavenging is blatant violation of Art 17

136 Bijoe Emmanuel Case (1986) Right to speak includes Right to be Silent

137 Nargesh Meerza (1981) Denial of employment opp to married women against 16

138 Vinayak Sen Judgement Being naxal sympathiser is not a crime unless they provide
intellectual fodder and leadership provoking violence

139 Lalita Toppo 2018 Maintenance for live-in partner

140 Indra Sarma 2013 Live in not illegal if both unmarried

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