50 Landmark Judgements Of 2023

1. Case Name: In Re: Article 370 of the Constitution

Court/ Tribunal: Supreme Court of India

Summary: Five senior-most judges of the Supreme Court upheld the Union government's action to abolish Article 370 on 11 December 2023. In addition, the Court refused to comment on the constitutionality of the reorganization of Jammu and Kashmir into the Union Territories of Jammu and Kashmir and Ladakh.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/article-370-was-a-feature-of-asymmetric-federalism-and-not-sovereignty-cji-d-y-chandrachud-on-the-abrogation-of-article-370-of-the-constitution-of-india--7065.asp

2. Case Name: P.K. Mukmuthu Sha Vs P.S. Mohammed Afrin Banu

Court/ Tribunal: Madras High Court

Summary: The topic of polygamous marriages under Islamic law took a unique turn in this recent case before the Madras High Court when the court stressed the duty to treat multiple wives equally. In the case known as PK Mukmuthu Sha v. PS Mohammed Afrin Banu, the decision to dissolve the marriage on the grounds that the husband had treated his wives unfairly and cruelly toward the first wife was challenged.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/madras-high-court-muslim-law-allows-husbands-to-be-polygamists-but-they-must-treat-all-of-their-wives-equally-7097.asp

3.  Case Name: Maheshwari Yadav & Anr v. The State of Bihar

Court/ Tribunal: Supreme Court of India

Summary: The Hon’ble Supreme Court of India dealt with an appeal involving criminal charges of offenses under sections 34, 302, and 325 of IPC against the appellants. The incident occurred in March of 1997 whereby the appellants were accused of murdering Gholti Yadav. The Court upon hearing the testimonies of the witnesses and assessing the facts, upheld the ruling of the lower courts and dismissed the appeal. The Court further laid directives for the State Government to assess their case as per the law when the appellants had undergone their required sentence and become eligible for consideration for permanent remission.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/when-the-evidence-of-the-eye-witnessses-is-of-sterling-quality-an-adverse-inference-need-not-be-drawn-supreme-court-in-maheshwari-yadav-anr-v-the-state-of-bihar-7092.asp

4. Case Name: Sabah al Zarid vs Statе of Assam and 3 Ors.

Court/ Tribunal: Gauhati High Court

Summary: In this casе, thе petitioner, a law graduate, invokеd Articlе 226 of thе Constitution, allеging a violation of his fundamеntal rights undеr Articlе 21. Thе pеtitionеr was handcuffеd without just causе during his arrеst, lеading to an acquittal. Thе court, citing Suprеmе Court prеcеdеnts, dеclarеd thе handcuffing unjustifiеd and ordеrеd thе statе to pay Rs. 5,00,000 compеnsation, еmphasizing thе nееd for amеnding thе Assam Policе Manual to align with еstablishеd lеgal principlеs on thе usе of rеstraints.

Judgment summary link: Read more at:  https://www.lawyersclubindia.com/judiciary/violation-of-articl-21-court-awards-comp-nsation-for-unjust-handcuffing-emphasiz-s-n-d-for-am-ndm-nts-to-assam-polic-manual--7087.asp

5. Case Name: Sushma Shivkumar Daga & Anr. v. Madhurkumar Ramkrishnaji Bajaj & Ors.

Court/ Tribunal: Supreme Court of India

Summary: In this lеgal casе, thе appеllants, who wеrе plaintiffs in a civil suit filеd in 2021, sought to dеclarе a Convеyancе Dееd null and void and tеrminatе cеrtain Dеvеlopmеnt Agrееmеnts. Thе dеfеndants invokеd arbitration, rеlying on clausеs in еarliеr agrееmеnts. Thе court affirmеd thе arbitration clausе's broad scopе, еmphasizing limitеd judicial intеrfеrеncе in arbitration mattеrs, and dismissеd thе appеal, finding thе disputе arbitrablе.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/supr-m-court-highlights-broad-scop-of-arbitration-clause-in-tripartite-agreements--7085.asp

6. Case Name: Manik Hiru Jhangiani Vs. State Of Madhya Pradesh

Court/ Tribunal: Supreme Court of India

Summary: The Prevention of Food Adulteration Act, 1954 (PFA) violator will be subject to penalties under the Food Safety and Standards Act, 1954 (FSSA), rather than being punished under the PFA, according to a ruling by the Supreme Court. The ruling was reached in a criminal appeal brought by Bharti Retail Limited, a business that runs "Easy Day" retail locations. The court noted that Section 52 of the FSSA supersedes the PFA's provisions in the event that misbranding occurs. The court further stated that the FSSA's provisions will take precedence over the PFA's in the event of a discrepancy between them.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/under-the-food-safety-and-standards-act-a-violator-engaging-in-misbranding-is-subject-to-a-penalty-sc-7080.asp

7. Case Name: Nutan Warehousing Company Pvt. Ltd. Vs The Commissioner, Central Tax & Ors.

Court/ Tribunal: Bombay High Court

Summary: In a recent case, a petitioner sought GST exemption for warehousing services provided for tea storage, claiming it remained an agricultural produce. The court scrutinized processing impacts on tea's classification, rejecting the authorities' view. Emphasizing the simplicity of tea production, it held the processing didn't alter its agricultural nature. The judgment reaffirms tea's eligibility for GST exemption as an agricultural produce.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/bombay-hc-upholds-gst-exemption-for-tea-as-agricultural-produce-7067.asp

8. Case Name: Case Name: P.K. Mukmuthu Sha Vs P.S. Mohammed Afrin Banu

Court/ Tribunal: Madras High Court

Summary: The topic of polygamous marriages under Islamic law took a unique turn in this recent case before the Madras High Court when the court stressed the duty to treat multiple wives equally. In the case known as PK Mukmuthu Sha v. PS Mohammed Afrin Banu, the decision to dissolve the marriage on the grounds that the husband had treated his wives unfairly and cruelly toward the first wife was challenged.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/madras-high-court-muslim-law-allows-husbands-to-be-polygamists-but-they-must-treat-all-of-their-wives-equally-7097.asp

9. Case Name: New India Assurance Co. Ltd. & Ors. v. M/S Mudit Roadways

Court/ Tribunal: Supreme Court of India

Summary: The Hon’ble Supreme Court of India dealt with an appeal by an insurance company against the National Consumer Disputes Redressal Commission's (NCDRC) decision in favor of the insured. The insurance company had repudiated the claim for damages caused by a warehouse fire, citing negligence and a disputed cause of the fire. The Supreme Court dismissed the appeal, emphasizing the insurer's fiduciary duty and the need for complete good faith. Conflicting reports on the fire's cause and an unexplained time gap between events influenced the court's decision. It also ruled out unjust enrichment regarding customs duty. The judgment underscored the foundational belief that insurance is based on trust and protection, ultimately upholding the insured's claim.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/the-supreme-court-asserted-that-it-was-the-insurer-s-responsibility-to-act-in-good-faith-particularly-when-the-insured-is-not-found-to-negligent-in-the-case-of-new-india-insurance-co-ltd-v-m-s-mudit-roadways-7059.asp

10. Case Name: Defsys Solution Pvt Ltd v. Union of India

Court/ Tribunal: High Court of Delhi

Summary: The instant case dealt by Hon’ble High Court of Delhi revolves around the suspension of Defsys Solutions Private Limited by the government. The court examined the legality and procedural aspects of the suspension order, considering factors such as ongoing investigations, procedural safeguards, and the principles of natural justice. The case addresses the specific circumstances surrounding the suspension and emphasizes the need for fairness and clarity in dealing with such matters.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/suspension-cannot-be-indefinite-and-must-comply-with-principles-of-natural-justice--7057.asp

11. Case Name: Ultra Tech Cement Limited And Anr vs Ultra Plus Cement Pvt.Ltd And Ors

Court/ Tribunal: High Court of Delhi

Summary: In this case, Justice Navin Chawla allowed the instant application filed by the plaintiffs by holding that the plaintiffs managed to prima facie show that the defendants tried to come close to the plaintiffs in all aspects and the use of the mark by the defendants was likely to deceive an unwary consumer. 

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/any-resemblance-in-two-marks-likely-to-deceive-an-unwary-consumer-would-amount-to-trademark-infringement-delhi-high-court-in-ultra-tech-cement-limited-and-anr-vs-ultra-plus-cement-pvt-ltd-and-ors-7043.asp

12. Case Name: M/S Imagine Fashion Apparels Pvt Ltd v. Presiding Officer Commercial Court & Anr.
     

Court/ Tribunal: Allahabad High Court

Summary: The Hon’ble High Court of Allahabad dealt with the writ petition filed by M/S Imagine Fashion Apparels Pvt Ltd against the impugned orders of the Commercial Court of Jhansi. The Commercial Court had erred in its judgment directing the petitioner to withdraw the application and subsequently dismissing it. The High Court, recognizing the jurisdictional error, set aside both orders emphasizing the applicability of the Civil Procedure Court in enforcing arbitral awards and directing the Commercial Court to reinstate the execution in accordance with the law.

Judgment summary link:
Read more at: https://www.lawyersclubindia.com/judiciary/allahabad-high-court-renders-key-interpretation-on-territorial-jurisdiction-in-the-execution-of-arbitral-awards-by-commercial-courts-7020.asp

13. Case Name: State Of Karnataka V. T. Naseer

Court/ Tribunal: Supreme Court of India

Summary: The Hon’ble Supreme Court of India (hereinafter referred to as ‘the Supreme Court’ or ‘the Court’) set aside the rulings of the Trial Court and the High Court which rejected the application under section 311 of the Code of Criminal Procedure and the certificate under section 65B of the Indian Evidence Act holding that the central goal of a trial is to prevent any guilty individuals from evading accountability, and at the same time, to safeguard innocent individuals from undeserved punishment.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/a-fair-trial-does-not-mean-that-it-should-be-fair-to-one-of-the-parties-the-supreme-court-in-the-case-of-state-of-karnataka-v-t-naseer-7014.asp

14. Case Name: Initiatives for Inclusion Foundation & Anr.   V.   Union Of India & Ors.

Court/ Tribunal: Supreme Court of India

Summary: The court held that there should be mandatory for District Officers and LCs to get training regarding their significant responsibilities and should be aware of the nature of sexual harassment, the gendered interactions that take place in the workplace, etc.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/the-court-instructed-the-centre-and-the-state-government-regarding-the-implementation-of-posh-act--6986.asp

15. Case Name: Uco Bank and Ors. V. M.B. Motwani (Dead) Thr. Lrs. & Ors.

Court/ Tribunal: Supreme Court of India

Summary: The court decided that the 1979 Regulations could only be used when the disciplinary action had begun before the employee's service had ended. Even if the delinquent employee has reached the age of superannuation, he would only be considered to be in service if a legitimate departmental proceeding had been started.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/the-supreme-court-laid-down-rules-of-disciplinary-regulations-for-an-employee-after-his-retirement--6981.asp

16. Case Name: Pankaj Bansal v Union of India & Ors.

Court/ Tribunal: Supreme Court of India

Summary: The case centres on the arrest and detention of people in India in accordance with the 2002 Prevention of Money Laundering Act. The court emphasised the importance of providing written notice of these grounds to those who have been arrested in order to ensure transparency and give them the best chance to obtain legal representation. The case also criticised law enforcement agencies' arbitrary use of their authority, particularly when taking action against people who had received temporary protection. In the end, the courts upheld the appeals, overturned the arrest and remand orders, and mandated the appellants' immediate release unless they were legitimately needed in other cases.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/landmark-judgment-upholding-fundamental-rights-and-due-process-the-court-set-aside-impugned-orders-arrest-and-remand-orders-releasing-appellants-unless-incarcerated-in-connection-with-another-case-upholding-fundamental-rights-and-due-process-without--6957.asp

17. Case Name: Thomas Daniel v. Enforcement Directorate  (represented by its deputy director) & Ors.

Court/ Tribunal: High Court of Kerala

Summary: as a result of the protracted investigation into the underlying charges, the effect of the Covid-19 pandemic on financial concerns, and the petitioner's personal circumstances, the court granted the petitioner regular bail in accordance with Section 45 of the Prevention of Money Laundering Act (PMLA). In particular, when there is a lack of evidence implicating the accused in the predicate charges, this ruling reaffirmed the idea that bail should emphasize an accused person's personal liberty while assuring their presence at trial.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/bail-granted-in-money-laundering-case-court-emphasizes-predicate-offences-and-burden-of-proof-6922.asp

18. Case Name: Smt. Dariyao Kanwar & ors. V. M/s United India Insurance Co. Ltd. & anr.

Court/ Tribunal: Supreme Court of India

Summary: The Supreme Court of India upheld a compensation award for Sumer Singh, a truck driver who died suddenly from prolonged driving stress. The driver, who was employed by respondent number 25, lost his health on September 15, 2003, while driving from Delhi to Baroda, Gujarat. The Commissioner initially granted compensation of Rs.3,26,140 with 12% interest. The Insurance Company appealed the ruling, arguing there was insufficient proof linking the death to work stress. The Supreme Court upheld the award, confirming that dependents are eligible for benefits under the Employee's Compensation Act of 1923 when a worker's death results from their employment, including sustained stress.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/-compensation-awarded-for-driver-s-death-during-prolonged-work-related-strain-upheld-by-supreme-court--6894.asp

19. Case Name: Moorthy Vs State Of Tamil Nadu

Court/ Tribunal: Supreme Court of India

Summary: The Court emphasised the significance of proving guilt beyond a shadow of a doubt and emphasised the flaws in the prosecution's case, which resulted in the appellant's acquittal. The appellant's conviction was overturned, and he was subsequently cleared of all charges. The Court accepted the need to rule in the accused's favour when there are questions based on discrepancies in the prosecution's evidence. The basis for this theory is the idea that a criminal person should go free than for an innocent person to be unfairly imprisoned. 

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/supreme-court-acquits-appellant-in-landmark-case-due-to-doubts-over-extra-judicial-confession-and-weaknesses-in-prosecution-s-case-judgement-in-moorthy-vs-state-of-tamil-nadu-6883.asp

20. Case Name: XYZ v. THE STATE OF GUJARAT & ORS. 

Court/ Tribunal: Supreme Court of India

Summary: The judgment by the supreme court set a precedent for the future cases where the court prioritize the right of the women for making reproductive choices and preserving her fundamental right. The Supreme Court also criticized the decision of the high court where the high court had denied the plea of the victim for the termination of her unwanted pregnancy. 

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/a-woman-s-right-to-reproductive-choice-and-termination-of-unwanted-pregnancy-6880.asp

21. Case Name: Citizens for Democracy through its President V. The State of Assam & Ors.

Court/ Tribunal: Supreme Court of India

Summary: n the case Citizens for Democracy v. State of Assam, which centres on the idea of public interest litigation (PIL), it was decided that no prisoner shall be forced to wear handcuffs and that police officers do not have the right to order an inmate to be handcuffed while being transported to court. Instead, if the prisoner is afraid, they must appear before a magistrate and ask for permission to be handcuffed. The decision of the Supreme Court of India in this case profoundly influenced the PIL jurisprudence and established a standard for cases in the future involving public interest problems.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/upholding-prisoner-s-dignity-a-pil-journey-the-landmark-case-of-citizens-for-democracy-v-state-of-assam-6828.asp

22. Case Name: S Amalraj Vs State and Another

Court/ Tribunal: Madras High Court

Summary: the Madras High Court has made it indubitably clear that police can register FIR for non-payment of maintenance as it amounts to economic abuse and also breach of protection order under Domestic Violence Act. But in this case we also see that the court noted clearly that the man had been paying maintenance regularly and so the registering of case against the petitioner without conducting a proper enquiry was not correct. So the case against the petitioner was thus very rightly quashed.
Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/police-can-register-fir-for-non-payment-of-maintenance-as-it-amounts-to-economic-abuse-breach-of-protection-order-under-dv-act-6794.asp

23. Case Name: Reliance Infrastructure Ltd. Vs State Of Goa

Court/ Tribunal: Supreme Court of India

Summary: Arbitration is a process whereby two parties to a dispute come together in a non-court setting. A neutral third party, the arbitrator, decides the outcome of the dispute. This process is often chosen by parties because it is cheaper and less time-consuming than a court trial. The decision is generally binding, meaning it is legally enforceable. In the present case, Reliance Infrastructure won an arbitration dispute against the State of Goa over delayed payments for a power plant. The Supreme Court of India in the present case has pronounced valuable findings regarding “patent illegality”.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/an-award-is-said-to-be-suffering-from-patent-illegality-only-if-it-is-an-illegality-apparent-on-the-face-of-it-and-not-to-be-searched-out-by-way-of-re-appreciation-of-evidence-supreme-court-in-the-case-of-reliance-infrastructure-ltd-vs-state-of-goa-6793.asp

24. Case Name: Atulbhai Vithalbhai Bhanderi Vs. the State of Gujarat

Court/ Tribunal: Supreme Court of India

Summary: facie satisfied with the charges against the accused. In the present case, the apparent evidence of the appellant’s criminal involvement was reason enough for the court to refuse bail. Justice is the end goal of the law. When the facts and circumstances of a case are not favorable to the accused, granting them bail would be a denial of justice.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/supreme-court-rejects-the-plea-for-bail-of-the-appellant-owing-to-prima-facie-evidence-of-consistent-participation-in-crime-tulbhai-vithalbhai-bhanderi-versus-state-of-gujarat-6787.asp

25. Case Name: Rajaram vs. State of M.P. & Ors

Court/ Tribunal: Supreme Court of India

Summary: the Apex Court concluded that it is the facts and circumstances of each case which are to be strictly analysed while convicting the accused on the basis of a dying declaration. If such declaration is true and has been made voluntarily then the Court can rely solely upon it to convict the accused, even in the absence of a medical certificate by a doctor. In cases where there clouds a doubt as to the truthfulness of the declaration, like in the present case then it becomes unsafe to rely upon suspicious statements and a need to corroborate the dying declaration with evidences emerges in order to meet the needs of justice.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/dying-declaration-can-be-discarded-due-to-bad-state-of-deceased-judgment-analysis-of-rajaram-vs-state-of-m-p-ors--6781.asp

26. Case Name: Kannaian Naidu and others v Kamsala Ammal and others

Court/ Tribunal: Madras High Court

Summary: Madras High Court has so very commendably taken a clear, categorical, courageous and consistent stand that the wife as homemaker contributes to the husband’s acquisition of assets. It was also made absolutely clear by the Court that the wife is entitled to equal share in properties. It was also made clear that once a husband has presented the gifts, he is not entitled to claim it back though he purchased it out of his own earnings as pointed out in para 52 of this judgment.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/wife-as-homemaker-contributes-to-husband-s-acquisition-of-assets-entitled-to-equal-share-in-properties-6776.asp

27. Case Name: Kannaian Naidu vs Kamsala Ammal

Court/ Tribunal: Madras High Court

Summary: The Madras High Court, in this judgment, reiterated invaluable views regarding the role of a common housewife along with various legal principles. It was held that even though the wife had not contributed equally or directly, she had played an instrumental role in the husband's gainful employment by managing household chores and taking care of the family for more than a decade. The bench noted that in the generality of marriages, the wife bears and rears children and minds the home. She thereby frees her husband from his economic activities.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/both-spouses-are-entitled-to-equal-shares-if-assets-are-acquired-by-joint-contribution-directly-or-indirectly-madras-high-court-6771.asp

28. Case Name: Chander Prakash vs State of Haryana

Court/ Tribunal: Punjab- Haryana High Court

Summary: In the present case, the Punjab-Haryana High Court bluntly held that the Additional Sessions Judge, Sonipat misinterpreted Section 36-A(4) of the NDPS Act. The bench consisting of Hon'ble Mr. Justice Raj Shekhar Attri noted that the constitutional guarantee of protection of life and liberty against unauthorized and arbitrary detention must be interpreted in consonance with the provisions of Section 167(2) Cr.P.C. Therefore, it must be borne in mind that the period for investigation cannot be mechanically extended under Section 36-A of the NDPS Act.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/the-accused-would-be-entitled-to-be-released-on-default-bail-if-incomplete-challan-is-filed-without-the-fsl-report--6727.asp

29.  Case Name: Sabarinath vs State Of Kerala

Court/ Tribunal: Kerala High Court

Summary: Article 22 of the Indian Constitution is a fundamental right that protects people who are arrested or detained. It outlines the rights that a person has when they are arrested or detained and the procedures that must be followed by the authorities. Although these rights are guaranteed to all accused, instances such as prolonged investigations can impose major dilemmas and frustration on the accused as they’re kept in continued detention unnecessarily. Kerala High Court in the present case interpreted Section 36A(4) of the NDPS Act and encapsulated the law. The court held that the accused has the right to be informed regarding the application for an extension of time and to raise objections to the application. It was also held that the courts must ensure fair and reasonable procedures are followed while considering applications for extension.  

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/failure-to-inform-the-accused-regarding-the-extension-of-the-investigation-period-is-not-a-mere-procedural-irregularity-but-a-gross-illegality-that-violates-the-rights-of-the-accused-under-article-21-6722.asp

30. Case Name: Rangaraju Vajapeyi vs State Of Karnataka

Court/ Tribunal: Karnataka High Court

Summary: In this case, the bench observed that sadism or necrophilia wouldn’t classify as an unnatural offense and the accused couldn’t be punished for it. The court ruled that the sexual intercourse on a dead body is nothing but necrophilia and the accused can’t be held liable for the rape of a dead body as there is no provision in the IPC holding it as a punishable offense. The bench consisting of Justice B. Veerappa, and Justice Venkatesh Naik T held that though section 377 of the IPC defines unnatural offenses, it does not include the term “dead body” and hence the act of rape on a dead body cannot be punished under the said provision.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/karnataka-high-court-rules-that-necrophilia-or-sadism-cannot-be-held-as-sexual-offences-or-unnatural-offences-as-defined-under-sections-375-and-377-of-the-indian-penal-code-6691.asp

31.  Case Name: Usman Khan Bahamani vs Fathimunnisa Begum and Ors

Court/ Tribunal: Andhra Pradesh High Court

Summary: In this case, when addressing the issue of a divorced Muslim woman's ability to obtain maintenance from her former husband under Section 125 of the Code of Criminal Procedure, 1973, a Division Bench of this Court referred the case to the Full Bench. The Division Bench believed that the case should be brought before the Full Bench for an authoritative decision since it includes significant legal issues of general significance and wide-ranging implications.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/high-court-concluded-that-a-muslim-women-will-be-granted-with-the-maintenance-only-during-iddat-period--6682.asp

32.  Case Name: M/S Glock Asia-Pacific Ltd V Union Of India

Court/ Tribunal: Supreme Court of India

Summary: When the Government decides to enter into a contract, the Supreme Court has ruled that it does not give the President of India immunity from the application of any statutory prescription imposing conditions on parties to an agreement. This decision was made while the Supreme Court was deciding an application for the appointment of an arbitrator.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/article-299-merely-because-a-contract-is-entered-into-under-the-president-s-name-does-not-confer-immunity-from-the-law-supreme-court-6678.asp

33.  Case Name: Tata Motors Limited vs The Brihan Mumbai Electric Supply & Transport Undertaking (BEST) & Anr

Court/ Tribunal: Supreme Court of India

Summary: The Supreme Court in the present case provided many clarifications regarding the exercise of court discretionary powers under Article 226. The court first pointed out that it should exercise limited interference in commercial matters, especially where such interference will cause unnecessary loss to the public exchequer. The court should intervene only when overwhelming public interest requires it. The bench consisting of Justice Surya Kant, and Justice J.B. Pardiwala held that the court is only bound to review commercial cases where a clear-cut case of arbitrariness or mala fides or bias or irrationality is established. 

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/courts-should-exercise-a-lot-of-restraint-while-exercising-their-powers-of-judicial-review-in-contractual-or-commercial-matters-6664.asp

34. Case Name: Sri Gulam Mustafa v State of Karnataka and Anr

Court/ Tribunal: Supreme Court of India

Summary: The Supreme Court stated that police officials must be vigilant before employing sections of strict statutes like as the SC/ST (Prevention of Atrocities) Act. The officer must be satisfied that the provisions he wishes to use are applicable on the first glance to the case at hand. The court noted that these observations are given not to weaken the scope of application of these special/stringent statutes, but rather to urge police officers not to apply the law mindlessly without consideration of the facts of the case.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/the-sc-emphasized-the-importance-of-police-officers-exercising-caution-and-careful-consideration-before-invoking-stringent-laws-such-as-the-sc-st-prevention-of-atrocities-act-1989-6642.asp

35. Case Name: Union of India vs Deloitte Haskins and Sells Llp

Court/ Tribunal: Supreme Court of India

Summary: This case signaled that merely upon the resignation of the auditor, section 140(5) wouldn't become nugatory. The decision passed by the High Court of Bombay in this case was erroneous and a result of the narrow interpretation of the provisions of the Companies Act, 2013. The Supreme Court ruled that no provision in the Companies Act was discriminatory or against the Constitution.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/supreme-court-upholds-the-constitutionality-of-section-140-5-of-the-companies-act-2013-in-the-case-of-union-of-india-vs-deloitte-haskins-and-sells-llp-6611.asp

36. Case Name: Prem Kishore & Ors Vs Brahm  Prakash & Ors

Court/ Tribunal: Supreme Court of India

Summary: The case brought out technical interpretation and its applicability in context to the principle of Res Judicata. It has emphasized that just because an issue was rendered  at first instance, it doesn’t bars the aggrieved to bring it back to the court of law. But this can only be done when there is an error in the decision by the competent authority. The principle of Res Judicata is not to be applied in restricted sense. It should be understood and applied along with others provisions of the law.   
 

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/application-and-interpretation-of-the-principle-of-res-judicata-with-emphasis-on-provisions-of-cpc-6580.asp

37. Case Name: Madhyamam Broadcasting Limited vs Union of India & Ors.

Court/ Tribunal: Supreme Court of India

Summary: In this case, the Ministry of Information and Broadcasting declined to renew the broadcast licence of the Malayalam channel MediaOne. The denial was justified by claimed ties between Jamaat-e-Islami Hind and the channel's promoters, Madhyamam Broadcasting Limited. Legal experts and members of the media have been closely following the case because it raises serious questions concerning the freedom of speech and expression.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/sc-concludes-that-national-security-considerations-cannot-entirely-supersede-the-rule-of-natural-justice-6576.asp

38. Case Name: Prasanta Kumar Sahoo & Ors.Vs. Charulata Sahu & Ors.

 Court/ Tribunal: Supreme Court of India

Summary: According to the Supreme Court, parties to a partition lawsuit may request the benefits of new legislation while the case is still pending, and the preliminary decree may be changed during final decree processes. A decree reached by agreement of only some parties in a lawsuit for the division of joint property cannot be upheld unless all parties sign the agreement. In this case, the High Court overturned a settlement agreement between siblings and established each party's share of their deceased father's ancestral and self-acquired property. The appellant asserted that the 1956 Hindu Succession Act's changes could not be implemented in the past.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/parties-to-a-partition-lawsuit-may-request-the-benefits-of-new-legislation-while-the-case-is-still-pending-6560.asp

39. Case Name: Horlicks Ltd. & Anr. v. Zydus Wellness Products Ltd. 

Court/ Tribunal: Delhi High Court

Summary: The Hon’ble Supreme Court granted an interim injuction to the respondent company restraining it from telecasting an advertisement where it compares its brand with that of Horlicks and shows it in a bad light. The Court granted the relief on grounds of the advertisement being misleading and disparaging. Accordingly, the appeal was allowed.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/brands-glorifying-their-products-must-not-be-misleading-and-disparaging-delhi-high-court-6548.asp

40. Case Name: Roopwanti V State Of Haryana And Ors

Court/ Tribunal: Supreme Court of India

Summary: In the above case it is explained that the court should focus more on the material facts indicating the innocence of the accused in the case where acquittal is reversed. Accordingly, the court should also keep in mind the analysis of the on-going proceedings, whether it is strengthened or it stands fortified. The court should be particular while interfering with the evaluation for the trial court in order to maintain the administration of justice  In the case of burden of proof the prosecution is vested with heavy responsibility to reserve the false presumption of innocence and to prove it as void.  Therefore the reversal of acquittal is permissible only when there exist ‘absolute unreasonable’ and there are ‘contrary and substantial reasoning’,

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/if-the-order-of-the-trial-court-is-found-to-be-unreasonable-and-contrary-then-only-reverse-acquittal-can-be-awarded-supreme-court-6529.asp

41. Case Name: The State Of West Bengal V Debabrata Tiwari & Ors. Etc.

 Court/ Tribunal: Supreme Court of India

Summary: In the above case it was said that immediacy factors are the cornerstone of how a strategy or plan for compassionate appointments operates. Not only is a feeling of urgency required in the way the applications are handled by the relevant authorities, but also in the way the petitioner pursues his case before the governing bodies and, if necessary, before the courts. The presence of a State policy is a precondition for making humanitarian appointments, the Court ruled, adding that there is no policy in place to regulate appointments to positions under local authorities in the State of West Bengal. In order to help the deceased's family overcome their unexpected financial problem, the court should grant them permission. Therefore Supreme Court overturned a decision made by the Calcutta High Court Division Bench awarding compassionate appointments to dead local government workers.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/supreme-court-lays-down-the-principles-applicable-for-the-compassionate-appointment-with-regards-to-article-39-of-the-indian-constitution--6523.asp

42. Case Name: Captain Pramod Kumar Bajaj v. Union of India & Anr.

Court/ Tribunal: Supreme Court of India

Summary: The Hon’ble Supreme Court (hereinafter referred to as ‘the Court’), held that an order for compulsory retirement of an employee can be quashed if the same has been passed as a punitive measure to prevent him from getting a job opportunity.  The Court allowed the appeal in the present case and quashed the impugned order dated 27th September, 2019 passed by the respondents.

Judgment summary link:
Read more at: https://www.lawyersclubindia.com/judiciary/compulsory-retirement-order-can-be-quashed-if-it-was-punitive-in-nature-supreme-court-6522.asp

43. Case Name: Haji Adbul Gani Khan And Anr. v. Union of India And Ors

Court/ Tribunal: Supreme Court of India

Summary: The Hon’ble Supreme Court (hereinafter referred to as ‘Supreme Court’ or ‘the Court’), has rejected a plea that contested the process used to redraft the Jammu and Kashmir Union Territory's Legislative Assembly and Lok Sabha districts.  In the above case The Election Commission's counsel claimed that there was sufficient opportunity for voicing complaints regarding the rise in the number of seats, but that opportunity was not used and that the delimitation order now has legal standing. The Election Commission has the authority to revise the Delimitation order by making the required adjustments in light of later events, but this authority is not allowed to alter the borders, regions, or length of any district without prior notice.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/the-jammu-and-kashmir-delimitation-case-is-dismissed-by-the-supreme-court-6482.asp

44. Case Name: Sikandar Mohammad Ali Dalal & ANR And Babu Hanumanth Mindolkar & Others.

Court/ Tribunal: Karnataka High Court

Summary: According to the Karnataka High Court, a court may exercise its authority under Order 21 Rule 29 of the Code of Civil Procedure and issue an order delaying the execution of a judgment only if the lawsuit contesting the decree and the referred execution proceedings are being heard by the same court, and not by two separate courts that lack coordinate jurisdiction. A single-judge bench led by Justice S. R. Krishna Kumar in Dharwad made it clear that the provision only applies if the lawsuit is filed before the execution proceedings are started. If the execution proceedings have already begun, the mere filing of the lawsuit and its ongoing status cannot be used as justification for invoking Order 21 Rule 29 CPC.

Judgment summary link:
Read more at: https://www.lawyersclubindia.com/judiciary/if-the-challenge-to-the-decree-and-the-execution-are-not-before-the-same-court-execution-proceedings-cannot-be-stayed-high-court-of-karnataka-6481.asp

45. Case Name: M/S. Gas Authority Of India Limited Versus M/S. Indian Petrochemicals Corp. Ltd. & Ors.

 Court/ Tribunal: Supreme Court of India

Summary: A Supreme Court Division Bench composed of Justices S.K. Kaul and A.S. Oka concluded that if the State fails to exert a degree of fairness or discrimination in its contractual dealings, writ jurisdiction can be exercised against it.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/the-supreme-court-ruled-that-gail-s-condition-imposed-on-ipcl-is-invalid-and-that-writ-jurisdiction-can-be-used-when-contractual-terms-are-arbitrary-6463.asp

46. Case Name: Rabi Saha @ Sarkar v. State of West Bengal

Court/ Tribunal: Calcutta High Court

Summary: The learned High Court of Calcutta in the present case held that forcibly removing the undergarments of a girl and also forcing her to lie on the ground would amount to an ‘attempt to rape’. Such an act, according to the Court, would tantamount to transgressing the space between ‘preparation’ and ‘attempt’.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/removing-undergarments-forcing-a-girl-to-lie-on-ground-would-amount-to-an-attempt-to-rape-calcutta-high-court-6461.asp

47. Case Name: Baharul Islam & Ors. V. The Indian Medical Association & Ors.

Court/ Tribunal: Supreme Court of India

Summary: The learned Supreme Court struck down the Assam Rural Health Regulatory Authority Act, 2004 on the ground that the state legislature did not have the competence to legislate on the said matter as the same falls exclusively within the domain of parliament’s legislative power.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/assam-law-allowing-diploma-holders-to-treat-specified-diseases-and-perform-minor-procedures-declared-void-by-the-apex-court-6438.asp

48. Case Name: Suo Motu v. State of Kerala

Court/ Tribunal: Kerala High Court

Summary: In the present case, the DBP was registered suo motu which arised over a complaint by a devotee of Lord Ayyappa of Sabarimala Sree Dharma Sastha Temple on 30 November 2022. This was mailed to the Registrar General of the High Court of Kerala. The complaint was regarding the pilgrims who were bringing posters and huge photographs of celebrities, politicians, etc. at the Sabarimala Sannidhanam.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/pilgrim-shall-follow-the-practise-and-tradition-in-sabarimala-the-high-court-of-kerala-6422.asp

49. Case Name: Rajaram S/O Sriramulu Naidu (since deceased) through L.RS. v. Maruthachalam (since deceased) through L.RS.

Court/ Tribunal: Supreme Court of India

Summary: In the present case, the Criminal Appeals challenge the common judgment and order of conviction and sentence passed by the Madras High Court whereby the Appellant has been convicted under Section 138 of the Negotiable Instruments Act, 1881 for issuing two cheques for an amount of Rs. 3.5 Lakhs, and has been sentenced to a fine of Rs. 7 Lakhs in each case. The Civil Appeals challenge the judgments passed by the Madras High Court whereby the Original Suits filed by the plaintiff-respondents for recovery of money on the basis of promissory notes were decreed.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/defence-must-meet-the-standards-of-preponderance-of-probability-the-supreme-court--6426.asp

50. Case Name: Vivek Narayan Sharma vs Union of India

Court/ Tribunal: Supreme Court of India

Summary: The Supreme Court Constitution Bench supported by a 4:1 majority the Union Government's decision to demonetise currency notes in values of Rs. 500 and Rs. 1000 six years ago. The majority ruled that the Centre's notification dated November 8, 2016, is lawful and meets the proportionality test. In her dissenting opinion, Justice BV Nagarathna stated that except the fortune was well-intentioned and well-thought-out, it must be found illegal on legal grounds (and not based on objects).  The 5-judge panel, which included Justices S Abdul Nazeer, BR Gavai, AS Bopanna, V Ramasubramanian, and BV Nagarathna, was responding to a division bench reference. It had set the judgement date for December 7, 2022. The case has now been remanded to the division bench.

Judgment summary link: Read more at: https://www.lawyersclubindia.com/judiciary/demonetisation-is-not-illegal-solely-because-the-proposal-came-from-the-central-government-there-is-no-violation-of-section-26-2-of-the-rbi-act-according-to-the-supreme-court-6369.asp