Top Interesting Landmark Judgements(SC) Every Advocates Needs To Know About

Top Interesting Landmark Judgements(SC) Every Advocates Needs To Know About

1. Shreya Singhal V/s Union of India in 2015

The SC held section 66A of the Information Technology Act which allows the arrest for offensive content which is posted through the internet as unconstitutional and hence, struck down by the impugned section. 

2. NALSA V/s Union of India in 2014

The Court recognized rights of the transgender as third genders. Also, ordered government to treat them as minorities. Reservations in jobs, education and other amenities shall also be given to them.

3. Lily Thomas V/s Union of India in 2013

The SC of India held that if any members of a legislative council, member of the legislative assembly or members of Parliament who was convicted of a crime and awarded a minimum of two-year imprisonment, he/she shall lose membership of the House with immediate effect.

4. Naz foundation V/s NCT in 2009

The court decriminalized sexual activities “against the order of nature” which included homosexual acts, as per Section 377 of the Indian Penal Code. But this judgement was overruled in 2013 by the SC of India.

5. Aarushi talwar case in 2008

The involved the double murder of 14-year-old Aarushi Talwar and her 45-year-old domestic servant in Noida, Haryana. The case got a heavy media coverage. Rajesh and Nupur Talwar, parents of the murdered girl were convicted and sentenced them to life imprisonment by Sessions court.

6. Jessica Murder case in 2006

A model in New Delhi working as a bartender was shot dead. The prime accused Manu Sharma who son of Congress MP Vinod Sharma was initially acquitted in February 2006. But later, in December 2006 was sentenced to life imprisonment by a fast track hearing by the Delhi High Court. This Supreme Court of India approved the sentence.

7. Om Prakash Vs Dil Bahar in 2006

The SC held that even if medical evidence did not prove it was rape,a rape accused could be imprisoned on the sole evidence of the victim,

8. Rameshwar Prasad V/s Union of India in 2005

In this case, the petitioner challenged the constitutional validity of a notification. The notification ordered closure of the legislative Assembly of the state of Bihar on the ground that attempts were being made to get majority by illegal means. It also laid claim to form the government in the state if continued would lead to tampering with constitutional provisions. The Supreme Court held that notification was unconstitutional.

9. State of Tamil NaduV/s Suhas Katti in 2004

This was the first case involving sentence under the Information Technology Act 2000 which is related to the posting of offensive messages through the Internet. In this case a family friend of a woman who is divorced was suspected of posting her number on messenger groups which made her to being harassed by vulgar messages. Later the accused friend was convicted and sentenced.

10. Best bakery case in 2006

In 2006 a Special Court in Mumbai was formed which gave conviction to nine out of the seventeen accused. The case is related to fourteen deaths in an arson attack in 2002 on the Best Bakery in Vadodara. After a local court acquitted all 21 accused a retrial was ordered in 2004.

11. Vishaka V/s State of Rajasthan in 1997

This was a case of Public Interest Litigation against Rajasthan state and Union of India by other women groups and Vishaka. The judgment also gives the basic definition for sexual harassment at workplaces along with guidelines to deal with it. This judgement says that every instance of sexual harassment can be considered as violation of fundamental rights.

12. Samatha V/s State of Andra Pradesh in 1997

The Supreme Court said that tribal land, forest land and government land in scheduled areas cannot be leased to non-tribal for mining or industrial or private companies. Such activities can only be done by any government undertakings or by tribal people.

13. Jamaat-e-Islami V/s Hind Union of India in 1995

High Court banned an association due to its illegal activities. But, when this was brought to the SC, decision was reversed due to lack of evidence.

14. R. Rajagopal v/s State of Tamil Nadu in 1994

The case decided that even if a matter became one of public record the right to privacy should be subsisted. Thus right to be let alone is considered as part of personal liberty.

15. Babri Masjid Ayodhya Case in 1994

This case questioned the Constitutional validity of the acquisition of an area beside the disputed site. The SC upheld status quo on the disputed structures.

16. SR Bommai v. Union of India in 1994

In this case court laid down the guidelines in proving a majority under Article 356 of the constitution of India.

17. Indra Swahey v/s Union of India in 1992

The SC upheld the implementation of recommendations which is made by the Mandal Commission. It also defines the “creamy layer” criteria and restated that the quota could not exceed 50%.

18. MC Mehta v. Union of India, 1986

MC Mehta filed a Public Interest Litigation for escape of poisonous gases by a plant in Bhopal. The court in this case extended the scope of Article 21 and 32 of the Constitution of India. The case is also famous as Bhopal Gas Tragedy.

19. Kehar Singh V/s Delhi Administration in 1984

Kehar Singh was accused of involved in the murder of Indira Gandhi. Even though death sentence was upheld by the SC , its accuracy has frequently questioned

20. Maneka Gandhi V/s Union of India in 1978

This case caused a huge noise over the definition of freedom of speech and it is a varied interpretation to the meaning of ‘personal liberty and life’ under Article 21 of the Indian Constitution. The court held that the procedure must not violate any fundamental rights and it must be fair.

21.Indira Gandhi V/s Raj Narain in 1975

After the order of the Allahabad High Court to vacate seat for malpractices Indira Gandhi declared Emergency . The SC later reversed the decision. The SC also added democracy, judicial review, rule of law and jurisdiction of SC under Article 32.

22. M. Nanavati V/s State of Maharashtra in 1960

In this case Commander Kawas Maneckshaw Nanavati murdered his wife's lover Prem Ahuja. It marked the end of jury trial in India when the officer was let off. The SC overturned the High Court’s decision and held Nanavati not guilty of murder.

23. Champakam Dorairajan V/s State of Madras in 1951

This case concerned about the admission of backward classes to educational institutions led Ambedkar, then the law minister to pilot the 1st -ever amendment to the Constitution.

24. Minerva Mills V/s Union of India in 1980 The SC again applied the basic structure' theory, saying that social welfare laws could not curb fundamental rights.