15 September 2017 03:45PM
1. ADM Jabalpur vs Shivkant Shukla, 1976
It is one of the landmark cases in Indian constitutional history and is known to be the blackest day of India’s constitutional history. Right to move to any court for enforcement of any right conferred by Articles 14, 21 and 22 was suspended during the emergency of 1975 by a presidential order. The maintainability of this order was challenged.
2. The Shah Bano Case, 1985
This case was one of the first iteration of sharing the agony of not having 'Uniform Civil Code' in the country. Shah Bano Begum was divorced by her husband, Mohd. Ahmed Khan. She filed a criminal suit against him in the Supreme Court and claimed alimony, which was then granted to her.
3. Kesavananda Bharati vs State of Kerala, 1973
A historic case in which a bench of 13 judges deliberated on the facts of the case and through a narrow 7-6 majority, formulated the Basic Structure Doctrine, which puts some restrictions to how much the Parliament can amend the Constitutional laws.
4. K. M. Nanavati vs State of Maharashtra, 1959
It was with this that jury trial came to end. Nanavati, a decorated naval officer was accused of murdering his wife’s lover. The jury ruled in favour of him but the verdict was dismissed by the Bombay High Court and the case was retried as a bench trial. Later, Nanavati was finally pardoned by Governor of Bombay.
This high profile murder case occurred in the wee hours of 30th of April, 1999. A 34-year-old, Delhi-based model, Jessica was shot dead just over a bottle of liquor.
6. NALSA vs Union of India, 2014
A hallmark decision by the Supreme Court of India which recognised the 'third gender' and that they had equal rights as any other gender.
7. Vishakha and Others vs. State of Rajasthan, 1997
Prior to the said case, the workplace was dangerous for many women especially in case of sexual harassment as there was the dearth of laws in this regard. In 1992, Bhanwari Devi was gang-raped by upper caste men in her village because she tried to raise her voice against child-marriage. Vishakha Guidelines was in force which protected working women all over the country till the legislature enacted Sexual Harassment of Women at Workplace [Prevention, Prohibition and Redressal] Act, 2013.
8. Mathura Rape Case, 1972.
This is one of the most primary cases that forced some important changes in rape laws in India. Mathura, a young tribal woman, was raped by two constables within the premises of the Desai Ganj Police Station in Chandrapur district of Maharashtra. The Sessions court judge found the accused not guilty, behind this was (believe it or not) that Mathura was habituated to sexual intercourse. According to the judge, clearly implied that the sexual act in the police station was consensual.
9. Delhi Gang rape Case, 2013.
A recent case that shook the nation and brought drastic changes again in rape laws. The 2012 Delhi gang rape case involved a rape and fatal assault that occurred on 16 December 2012 in Munirka, a neighbourhood in South Delhi.
10. Waman Rao v Union of India, 1981.This case was a landmark decision in the constitutional jurisprudence of India. This case has helped in determining a satisfactory method of addressing grievances pertaining to the violation of fundamental rights by creating a fine line of determination between the Acts prior to and after the Keshavananda Bharati case
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As India approaches towards its 70th jubilee of independence, Indian judicial system seems to be at threshold of transformation .Under this premise, let’s have a look into top 10 interesting cases that has set milestones and brought insights to the nuances in the Legal system
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The Indian legal system is faced by the contradictory duality of victims fighting desperately for justice on one side, while innocent persons are trapped in the shackles of law by frivolous litigations; and striking the right balance of stringency of law at a level where the innocent are not put in
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India has witnessed a catena of cases and judgments that altered the tide of law in India, and here we enlist for you 24 top such decisions that played a major role in shaping the Indian Legal System.
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