Landmark Judgments of Hon'ble Supreme Court

-

Here are ten landmark judgments by the Supreme Court of India on civil law:

1. Kesavananda Bharati v. State of Kerala (1973)

This judgment established the "basic structure doctrine," stating that while the Parliament can amend the Constitution, it cannot alter its basic structure. This has far-reaching implications for civil law, ensuring fundamental rights and constitutional supremacy.

2. Indira Nehru Gandhi v. Raj Narain (1975)

In this case, the Supreme Court upheld the principle of free and fair elections, striking down certain amendments that sought to validate Prime Minister Indira Gandhi's election, thus emphasizing the integrity of the electoral process.

3. Maneka Gandhi v. Union of India (1978)

This judgment expanded the interpretation of Article 21 (Right to Life and Personal Liberty), holding that any law affecting personal liberty must be just, fair, and reasonable. It significantly broadened the scope of fundamental rights.

4. M.C. Mehta v. Union of India (1986)

Also known as the Oleum Gas Leak Case, this judgment introduced the concept of absolute liability for hazardous industries, setting a precedent for environmental jurisprudence and public safety in civil law.

5. Shah Bano Begum v. Mohammed Ahmed Khan (1985)

This landmark case addressed the issue of maintenance for divorced Muslim women, affirming their right to alimony under Section 125 of the Code of Criminal Procedure, which led to the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986.



6. Vineet Narain v. Union of India (1997)

Known as the Jain Hawala Case, this judgment led to significant reforms in the functioning of the Central Bureau of Investigation (CBI) and the Central Vigilance Commission (CVC), enhancing accountability and transparency in governance.

7. Sarala Mudgal v. Union of India (1995)

This case dealt with issues of bigamy and the need for a Uniform Civil Code, emphasizing that conversion to another religion does not dissolve a valid marriage and advocating for uniformity in personal laws.

8. K.S. Puttaswamy v. Union of India (2017)

This landmark ruling affirmed the Right to Privacy as a fundamental right under Article 21 of the Constitution. It has profound implications for civil liberties and personal freedom.

9. Navtej Singh Johar v. Union of India (2018)

In this historic judgment, the Supreme Court decriminalized consensual homosexual acts between adults by reading down Section 377 of the Indian Penal Code, thereby upholding the dignity and equality of LGBTQ+ individuals.

10. Shreya Singhal v. Union of India (2015)

This judgment struck down Section 66A of the Information Technology Act, 2000, which criminalized offensive online speech, on the grounds of violating the freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution.

These judgments have significantly shaped the landscape of civil law in India, ensuring the protection of fundamental rights and promoting justice and equality.

Comments

Post a Comment

Popular posts from this blog

Anathula Sudhakar vs P. Buchi Reddy (Dead) By LRs & Ors on 25 March, 2008 Judgment Detailed Summary

-
Image
Case Overview: Court: Supreme Court of India Bench: R. V. Raveendran, P. Sathasivam Appeal No.: Civil Appeal No. 6191 of 2001 Parties: Petitioner: Anathula Sudhakar (Defendant in the original suit) Respondent: P. Buchi Reddy (Dead) represented by legal representatives Background: The suit was originally filed by Puli Chandra Reddy and Puli Buchi Reddy, who claimed ownership of two sites (110 sq. yards and 187 sq. yards) in Matwada, Warangal town. They alleged that the defendant interfered with their possession when they began construction on the sites in 1978, leading them to file a suit for a permanent injunction. The defendant, Anathula Sudhakar, claimed that he had purchased the entire suit property (300 sq. yards) from K.V. Damodar Rao (brother of the plaintiffs' vendor, Rukminibai) under a registered sale deed in 1977 and that the property was mutated in his name in municipal records. Trial Court and Lower Courts: Trial Court: The suit was decreed in favor of...
Read more

Before Deciding on Interim, Ensure that there is atleast a preliminary satisfaction regarding the Suit Maintainbility: HSC

-
Image
Summary of Judgment: Asma Lateef & Anr. vs. Shabbir Ahmad & Ors. Citation: 2024 INSC 36 Civil Appeal No. 9695 of 2013 Court: Supreme Court of India Judges: Justice B.R. Gavai, Justice Dipankar Datta, and Justice Aravind Kumar Legal Issues: Whether the order dated 5th August 1991, decreeing the suit against Samiullah under Order VIII Rule 10 of the CPC, suffered from a jurisdictional error so grave that the decree drawn up subsequently is incapable of execution. Whether the objections under Section 47 of the CPC by the subsequent purchasers were maintainable. Background: The appellants claimed that their great-grandmother orally gifted them a certain property on 16th August 1988, which was later recorded in a memorandum before the tehsildar. The appellants filed a suit for a permanent injunction against Asad Ullah Kazmi (defendant no. 1), his son Samiullah (defendant no. 2), and a caretaker (defendant no. 3), restraining them from interfering with their possession of...
Read more