Budhadev Karmaskar v. State of West Bengal [Criminal Appeal No. 135/2010] Coram: Justice L. Nageswara Rao ​ Justice B.R. Gavai Justice A.S. Bopanna

The author, Simran is a Second Year Student at the Campus Law Centre (LLB), University of Delhi and Executive Editor at Awaaz.  Introduction: The landmark judgement of Budhadev Karmaskar v. State of West Bengal, 2011, highlights the gravity that Article 21 and Article 142 of the Constitution hold in themselves. The case came up with …

Safeguarding the Rights of Prisoners in India: Re-Inhuman Conditions in 1382 Prisons, 2016

The author, Samridhi Chugh, is a second year student and a Senior Editor at Awaaz, at the Campus Law Centre. “Are prisoners persons? Yes, of course. To answer in the negative is to convict the nation and the Constitution of dehumanization and to repudiate the world legal order…” – Supreme Court in  Sunil Batra (II) …

Laxmibai Chandaragi B. And Anr. vs. The State Of Karnataka And Ors. [2021 SCC OnLine SC 85]

Coram: Sanjay Kishan Kaul, J. and Hrishikesh Roy, J. Facts: In the instant case, one Mr. Basappa Chandaragi lodged a complaint with the Murgod Police Station, Belagavi District, Karnataka stating that his daughter, Ms. Laxmibai Chandaragi, Petitioner No. 1 herein was missing since 14.10.2020. In pursuance to the complaint, an FIR of a missing person …

Nahar Singh vs. State of Uttar Pradesh and Another [Criminal Appeal No. 443 of 2022]

This case commentary has been written by Ms. Prerna Deep. She is a British Council GREAT Scholar, currently working as a Judicial Law Clerk at the Supreme Court of India. Introduction Section 190 of the Code of Criminal Procedure, 1973 (“CrPC”) empowers the Magistrates to take cognizance of criminal cases. A Magistrate can take cognizance of a …

Mohammad Salimullah v. Union Of India

MOHAMMAD SALIMULLAH AND ANR. v. UNION OF INDIA AND ORS. Coram: S.A. Bobde, CJI, A.S. Bopanna and V. Ramasubramanian, JJ. Facts: The petitioners who are members of the Rohingya community from Myanmar, claim to have fled Myanmar in December­ 2011 when ethnic violence broke out and have taken refuge in India. They claim to have …

Arunachala Gounder (D) by LRS. v. Ponnuswamy and Ors.

ARUNACHALA GOUNDER (DEAD) BY LRS. v. PONNUSAMY AND ORS. 2022 SCC OnLine SC 72 Coram: S. Abdul Nazeer and Krishna Murari, JJ. Decided on: 20th January 2022 Related Statute: The Hindu Succession, 1956 Facts: A suit for partition was filed by one Thangammal, daughter of Ramasamy Gounder, claiming 1/5th share in the self-acquired property of …