Rahul’s

a blue print of success

LATEST JUDGMENTS 2018

1. Vijay Arjun Bhagat vs. Nana Laxman Tapkire
Supreme Court held that the high court can frame additional substantial questions
of law in the second appeal only during the hearing and not in the judgment.
Furthermore, High Court has jurisdiction to frame additional questions, that power
is subject to fulfilling the three conditions, “first “such questions should arise in
the appeal”, second, “assign the reasons for framing the additional questions” and
third, “frame the questions at the time of hearing the appeal”.
2. Devidas Loka Rathod vs. State of Maharashtra
Supreme Court has reiterated that the onus on the accused, who takes a plea of
insanity, is not as stringent as on the prosecution to be established beyond all
reasonable doubts but he has only to establish his defence on a preponderance of
probability after which the onus shall shift on the prosecution to establish the
inapplicability of the exception
3. Bachpan Bachao Andolan vs. Union of India 05-07-2018
Supreme Court demanded to know the progress made on the formulation of the
National policy on Drug Demand reduction to check substance abuse among
children.
4. Nitin Balkisan Gaikwad vs. The State of Maharastra 09-07-2018
The Supreme Court modified a ‘thirty years life imprisonment without remission’
sentence imposed on a man accused of uxoricide (murder of one’s wife) to life
imprisonment simpliciter taking into account that he also tried to kill himself after
murder.
5. Government of NCT , DELHI VERSUS Union of India 04-07-2018
The Supreme Court delineated the boundaries of power between the Lieutenant-
Governor and Delhi Government by stating that the LG cannot interfere in each
and every decision of the Delhi Government, and that the LG is bound by the aid
and advise of the of the council of ministers of Delhi Government, except in matters
of land, police and public order.
6. Canara Bank. vs. N.G. Subbaraya Setty 20.04.2018
The Supreme Court has observed that an issue of law which arises between the
same parties in a subsequent suit or proceeding is not res judicata if, by an
erroneous decision given on a statutory prohibition in the former suit or
proceeding, the statutory prohibition is not given effect to.

7. Motiram Padu Joshi v. State Of Maharashtra, 10.07.2018

 Supreme Court, reiterated that evidence of the eye witnesses cannot be doubted on
the ground that they did not intervene in the attack nor made attempts to save the
deceased.

8. Vinay Sahrma & Anrs vs. State of Delhi 09.07.2018

The Supreme Court has observed that abolition of death penalty by several
countries like the United Kingdom, Latin American countries and Australian states
is no ground to efface the death penalty from the statute book of our country. the
death penalty remains in the Penal Code the Courts cannot be held to commit any
illegality in awarding death penalty in appropriate cases

9. Om Prakash Singh v. State of Bihar

The Supreme Court has reiterated that a subsequent complaint would be

maintainable if there is the discovery of a new fact after disposal of the first
complaint.

10. Aijnath Kondiba Khandke vs. State of Maharashtra

Supreme Court has observed that merely because a superior officer assigned work
to his junior officer and took actions against him like stopping of his salary, he
cannot be held to have a guilty mind or criminal intent, to attract offence under
Section 306 of the Indian Penal Code, for abetment of suicide

11. Tehseen S. POONAWALLA vs. Union of India 17.07.2018

The Supreme Court observed that it is the duty of the State to ensure that the
machinery of law and order functions efficiently and effectively in maintaining
peace so as to preserve our quintessentially secular ethos and pluralistic social
fabric in a in a democratic set-up governed by rule of law. Chief Justice also said
horrendous acts of mobocracy cannot be allowed to become a new norm in the
Country.

12. State by Lokayuktha Police vs. H. Srinivas 18.05.2018

The Supreme Court has held that non-maintenance of General Diary per se will not
render the whole prosecution illegal, though it may have consequences on the
merits of the case, which is a matter of trial.

13. Pankajbhai Rameshbhai Zalavadia vs Jethabhai Kalabhai Zalavadiya

(Deceased) through LRs & Ors,

The Supreme Court, has held that there is no bar for filing the application under
Order 1 Rule 10, even when the application under Order 22 Rule 4 of
the CPC was dismissed as not maintainable.
14. Prabhu Dayal vs. State of Rajasthan
 The Supreme Court asserted that mere non-determination of blood group from the
sample obtained from the scene of crime would not be sufficient to acquit an
accused.
15. Surinder Kumar Khanna vs. Intellignece officer Directorate of Revenue
Intelligence 31.07.2018.
Court such a confessional statement of a co-accused cannot by itself be taken as a
substantive piece of evidence against another co-accused and can at best be used
or utilized in order to lend assurance to the Court.
16. India Young lawyer’s Association and Ors. V. State of Kerala and Ors.
Devotion cannot be subjected to Gender discrimination; court has permitted entry
of women of all age group to the Sabarimala temple. (Dissenting Judgment given
by Justice Indu Malhotra).
17. Navtej Singh Johar and others V. Union of India
Supreme Court struck down the law which criminalises consensual homo sexual
acts between adults. It declared Section 377 Indian Penal Code, 1860
Unconstitutional, in so far as it crimialises consensual sexual acts of adults in
private.
18. Joseph Shine. V Union of India
Supreme Court struck down section 497 of the Indian Penal Code, which
criminalises adultery as Unconstitutional. However, the adultery will be ground of
divorce.
19. Common Cause (A Regd. Society) V. Union of India and Another
Supreme Court held that right to die with dignity is a fundamental right, and
passive euthanasia and a living will also legally valid.
20. Jarnail Singh V. Lachhmi Narain Gupta and Ors.
The Court held no need to collect quantifiable data of backwardness to give
reservation in promotion for SC/STs.
21. Social Action forum Manav Adhikar V. Union of India
Supreme Court Modifies its earlier directions issued in Rajesh Sharma and other
v. State of Uttar Pradesh for preventing misuse of section 498 A IPC. Court
withdrawn the earlier direction that complaints under section 498 A should be
Scrutinised by Family welfare committees before further legal action by Police.
22. Shafin Jahan V. Ashokan K.M. and Ors.
Supreme Court held that right to change of faith is a part of Fundamental right of
choice.
23. Swapnil Tripathi V. Supreme Court of India
 Supreme Court held that court proceedings shall be live streamed in the larger
public interest.
24. Union of India and Anr. V. Mohit Mineral Pvt. Ltd.
Supreme Court upheld the Constitutional validity of Goods and service tax
(Compensation to states) Act, 2017 and Goods and Services Tax compensation cess
rules, 2017, as framed under the act.
25. Ashwini Kumar Upadhyay v. Union of India and Anr.
Supreme Court allowed the MPs and MLAs for practicing law. A person can be
permitted to perform the dual role of a lawyer and a legislator.
26. Public Interest Foundation and Ors. V. Union of India and Anr.
The Court held that election candidates cannot be disqualified merely because
charges have been framed against them in a criminal case.
27. Shanti Bhushan V. Supreme Court of India.
Court held that the Chief Justice of India is the “Master of Roster”.
28. Bar Council of India. V. A.K. Bajalji and Ors.
Court held that foreign law firms cannot set up office in India or Practice in Indian
Courts. However, they can give advice to Indian clients on “Fly in and Fly Out”
basis.
29. Babasaheb Maruti Kamble V. State of Maharashtra.
Supreme Court held that Special leave petitions against death sentence shall not
be dismissed without giving reasons.

LATEST JUDGMENTS 2019

1. State of Jharkhand V. Surender Kumar Srivastava
Writ petition Article 227 challenging Judicial orders are Maintainable, But not
under Article 226 of Constitution.
2. Ramesh Sanka V. Union of India
Writ under Article 32 not Maintainable for enforcement of Personal Contractual
Rights.
3. Peoples Union for Civil Liberties V. Union of India and Ors.
The Supreme Court directed to every High Court to made available the copy’s of
Judgment in "Shreya Signal V. UOI “Which declares Section 66A of Information
technology Act Unconstitutional”.
4. Rama Krishna Mission V. kago Kunya
 Rama Krishna Mission is not State with in the Meaning of Article 12 of the
Constitution.
5. J.S. Luthra Academy and Another V. State of Jammu and Kashmir
Allocation of natural resources to a private person for commercial benefit, with no
social or welfare purpose attracts higher Judicial Scrutiny and May be violative of
Article 14, if done by non-competitive Means.
6. Swiss Ribbons Private Ltd. V. Union of India
Supreme Court upheld the Constitutional validity of the Insolvency and
Bankruptcy Code, 2016, in its entirety.
7. V. Surendra Mohan V. State of Tamil Nadu
Supreme Court upheld the imposing a limit of 50% disability in hearing or visual
impairment as a condition to be eligible for the post of a judicial officer.
8. Youth for Equality and Another V. Union of India
The PIL file against the 103rd Constitutional Amendment Act, which provides 10%
reservation to Economically Weaker Section.
9. Alok Kumar Verma V. Union of India (Famous as CBI Case)
Supreme Court set aside the order of Central Government and CVC, which divested
CBI director from his post. PIL filed by NGO Common cause and PIL activist Anajali
Bhardwaj.