11 Top Most LATEST JUDGEMENT OF SUPREME COURT
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11 Top Most LATEST JUDGEMENT OF SUPREME COURT |
1. Right To Privacy is a Fundamental Right.
#ADHAAR VERDICT - Not Compulsory (restricted use in PAN card, to file ITR, Govt schemes and subsidies )
#CASE :-
JUSTICE K S PUTTASWAMY (RETD.),AND ANR.VERSUS UNION OF INDIA AND ORS.(2018, SC) ( 9 judges const bench unanimous judgement headed by CJI Dipak mishra )*Right to privacy is protected as intrinsic part of right to life and liberty....
*overruled the judgments in MP Sharma and Kharak Singh cases (privacy is not a fundamental right)...
2. Tripple Talaq Unconstitutional
#CASE:-
SHAYARA BANO VERSUS UNION OF INDIA (2018, SC ) (3:2 Majority )
*Unconstitutional and violative of Art 14 (Right to Equality)
*Against Shariyat and basic tenets of Quran
3,Women's Right To Love and to Reject
#CASE :-
PAWAN KUMAR VERSUS STATE OF HP (2017, SC ) (Full bench headed by CJI Dipak Mishra )
*Right to life with Dignity and Freedom
*Individual Choice
*No one can compel a woman to love.
*She has Absolute right to Reject.
4. Sex With Minor Wife Is Rape...
#CASE :-
INDEPENDENT THOUGHT VERSUS UNION OF INDIA (2017 ,SC ) ( DB )
HELD :-
*Sexual intercourse with minor wife ( below 18 years of age ) is Rape.
*Cognizance can be taken in accordance with the provisions of S,198(6) Cr.PC which will apply
now to cases of rape of 'wives' below 18 years of age.
*Age of consent has been made 18 yrs frm 15.
5. Placing Ordinance before Legislature Mandatory : Re-Promulgation Fraud on Constitution.
#CASE :-
KRISHNA KUMAR SINGH VERSUS STATE OF BIHAR (2017, SC ) (7 Judges bench )
HELD :-
*Re-Promulgation of Ordinances is fraud on the Constitution and subversion of democratic legislative processes.
*Satisfaction of president under Art. 123 and of the Governor under Art. 213 while issuing Ordinances is not immune from Judicial Review.
6. Decriminalizing Gay Sex and repealing S.377 IPC.
#CASE :-
NAVTEJ SINGH JOHAR VERSUS UNION OF INDIA (SC,2018 ) ( 5 Judges bench )
decided on 06 sept 2018 headed by CJI Dipak Mishra .
HELD :-
*Consensual sexual relationship between two adult(homosexual, heterosexual or lesbians ) is no more offence under S.377 IPC.
*Violative of Art. 14 of Constitution being discriminatory and unequal treatment to LGBT Community.
*Violative of Art .19(1)(a) of Constitution on account of unreasonable restriction on freedom of expression and choice of LGBT Community.
*Sexual activity by any human being with animal is punishable under s.377 and this portion is still constitutional.
*Each individual has an equal right to love whoever they want to..
7. Passive Euthanasia is permissible ...
#CASES :-
COMMON CAUSE (NGO) VERSUS UNION OF INDIA (2018, SC ) (5 judges bench headed by CJI Dipak Mishra )
HELD :-
*Right to Die with dignity is a fundamental right.
*Permitting "living will" by patients on withdrawing medical support if they slip into irreversible coma.
8.ADULTERY is now NO CRIMINAL OFFENCE.
#CASE :-
JOSEPH SHINE VERSUS UNION OF INDIA (2018, SC )
(5 JUDGES BENCH HEADED BY CJI Dipak mishra )
HELD :-
*Violative of Art. 14 of the Constitution
*S.497 IPC will be struck down
*Every woman has her sexual choice.
*It can be a ground for civil issues like Divorce.
*Husband is not master of a wife.
9.Live Telecast of Supreme Court Proceeding..
#CASE :-
SWAPNIL TRIPATHI AND INDIRA JAISING (Sr.Adv.) VERSUS REGISTRAR OF SUPREME COURT AND OTHERS (2018,SC ) (3 Judges bench headed by CJI Dipak mishra )
HELD :-
*Live streaming of Court proceedings would serve as an instrument for greater accountability and formed part of the code of criminal procedure,1973.
*Intrinsic value of right to be heard under Art. 21 of Constitution.
*It is need of hour ( it will increase access to justice )
*It will encourage the principle of Open Court.
*Transparency.
10.MOSQUE is not part of ISLAM.
#CASE :-
M.SIDDIQUI AND OTHERS VERSUS MAHANT SURESH DAS (2018, SC )
HELD :-
*A mosque is not essential part of the practice of the religion of the Islam and Namaz (prayer) by
Muslims can be offered anywhere even in Open .
11. SABARIMALA CASE :-
#CASE :-
YOUNG LAWYERS ASSOCIATION VERSUS UNION OF INDIA (2018).
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