Category Archives: Landmark Judgements

“The law is what is read, not what is written.”- Donald Kingsbury

The landmark judgements allow us to understand the correct interpretation of the laws. We at Legal Bites provide you with the latest judgements on various issues to keep you up to date with the latest issues, views and opinions affecting the legal world.

Case Analysis: Ashok Kumar Thakur v Union of India (2008)

Introduction In the Ashok Kumar Thakur v Union of India case, the court went on to discuss the status of the reservation system in India. Our constitution laid down the basis for a classless and equal society. Action like reservation has been taken by Constitution and Government to solve the problem of inequality in society. The diversity of……...

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Case Analysis: D.K. Basu, Ashok K. Johri v State of West Bengal (1997)

Introduction Popularly known as D.K. Basu case is one of the landmark judgements in history as it laid down the guidelines to be followed while making arrests. Custodial deaths have always taken place in our country and there was once a time when there was no effective mechanism proposed by the legislation to deal with the growing cases of……...

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Case Analysis: Hussainara Khatoon & Ors. v Home Secretary, State of Bihar (1979)

Introduction Hussainara Khatoon & Ors. is a landmark case, decided on 9th March 1979, which provided a wider interpretation for Article 21 and held that speedy trial is the fundamental right of every citizen. It is the most famous case which discusses the human rights of prisoners in India. The honourable Supreme Court pointed out that the State……...

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Case Analysis: Aruna Ramchandra Shanbaug v. Union of India (2011)

Aruna Ramchandra Shanbaug v. Union of India[1] is one of the most famous and intriguing cases of the decade which discusses euthanasia and an individual’s right to die. The right to life is a sacred fundamental right which consists of a plethora of other rights such as the right to livelihood, the right to a clean environment etc….…...

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Case Summary: AR Antulay v RS Nayak (1988)

The case of AR Antulay v RS Nayak[1] is a landmark judgment in the history of the Indian judiciary as it was held that corruption cases triable by a special judge cannot be transferred to a High Court judge for a hearing. Despite receiving wide criticism, the court was of the strong opinion that justice was served rightly….…...

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Case Summary: AK Gopalan v State of Madras, 1950

The case of AK Gopalan v State of Madras[1] gave chance to the Indian judiciary to interpret the Fundamental Rights of the Constitution extensively. After this Judgement Courts in India started approaching the Fundamental Rights of citizens and non-citizens in a wider and comprehensive manner, and not constructed the Fundamental Rights in a restrictive manner as to accumulate……...

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Critical Analysis: In re: Prashant Bhushan & Anr. (2020)

Introduction The Analysis of the Case of In Re Prashant Bhushan is made to determine the role of the Court in analysing the comments made by Prashant Bhushan in penalizing him for Contempt.  Article 19(1) (a) of the Constitution of India[1] enumerates that all citizens have the right to freedom of speech and expression. This means the right……...

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Case Summary: Marbury v Madison (1803, 5 US 137)

Marbury v Madison[1] is arguably the most important legal case in United States Supreme Court history. Decided on February 24, 1803, the U.S. Supreme Court established two cornerstones of constitutional law and the modern judiciary. First, the Supreme Court in this case declared an act of Congress unconstitutional and established the most essential feature of rule of law,……...

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Case Summary: I C Golaknath and Ors v. State of Punjab (1967)

One of the most landmark judgments in the history of the Constitution of India was Golaknath v. State of Punjab[1]. In the present case, a number of issues were raised; however, the most important issue was whether the Parliament of India has the vested power to make an amendment to the fundamental rights, guaranteed under Part III of……...

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Case Summary: Balku v Emperor, AIR 1938 All. 532

Introduction The significant contrast between murder and culpable homicide is that murder usually considered as an aggregative form of culpable homicide. For murder there is no possibility of equivocalness left for the benefit of the blamed, the charge is without a doubt that his actions will cause the death of the person therefore concerned. While underneath Section 299……...

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