Wednesday, 7 February 2024

TOP SUPREME COURT JUDGMENTS OF 2022 and May 2023

 TOP SUPREME COURT JUDGMENTS OF 2022


1. ARUNACHALA GOUNDER V. PONNUSAMY
SC held a Hindu daughter is entitled to inherit the self-acquired property of the father's dying intestate before the enactment of the Hindu Succession Act, 1956

2. JACOB PULIYEL V. UNION OF INDIA
SC held bodily integrity is protected under Article 21 of the constitution of India and no individual can be forced to be vaccinated.

3. BUDHADEV KARMASKAR V. STATE OF WEST BENGAL
SC gave directions for rehabilitating sex workers, like directing UIDAI to issue Aadhar cards, educating sex workers on their rights, non-disclosure of identities, etc.

4.SATENDRA KUMAR V. CBI
SC clarified about granting bail in cases where a person has not been arrested at the times of filing the charge sheet.

5. S.G. VOMBATKERE V. UNION OF INDIA
Section 124A of IPC dealing with sedition was put on hold by SC. No more new FIR to be registered, and old cases are to be put on hold as well.

6.AISHAT SHIFA V. STATE OF KARNATAKA
A Division Bench of SC gave a split verdict on the Hijab Ban. The case is now placed before the CJI to decide whether to refer the case to a 3 judge bench or a 9 judge bench.

7. JANHIT ABHIYAN V. UNION OF INDIA
SC by 3:2 ratio upheld the validity of 103rd Amendment providing 10% Reservation for the EWS. Former Chief justice U.U. Lalit and Justice Bhat Dissented.

8. X V. PRINCIPAL SECRETARY, HEALTH & FAMILY WELFARE, GOVT OF NCT DELHI
SC held that unmarried women are entitled to safe and legal abortions. The court also noted that rape includes "marital rape" for the purpose of the MTP Act.

9. STATE OF JHARKHAND V. SHAILENDRA KUMAR RAI
SC reiterated Lillu v. State of Haryana and help that Two Finger Test is illegal and any person conducting it will be prosecuted and penalised for Misconduct.

Judgments of May'23

1. Supreme Court ends the jallikattu debate

In the case of the Animal Welfare Board of India & Ors. V. UOI & Anr., Supreme Court upheld amendments allowing Jallikattu, Kamala & bull-cart racing and disagreed with the previous judgment denying Jallikattu's cultural status.

2. Centre V. Delhi Govt On 'Control of Services'

In the case of Govt of NCT of Delhi V. UOI, Supreme Court granted Delhi Govt, authority over all administrative services except public order, police & land matters.
"But later centre passed an Ordinance which nullifies the effect of the Constitution Bench Verdict."

3. Divorce in 'Irretrievable breakdown' of Marriage: Now under SC's Special powers

In the case of Shilpa Sailesh V. Varun Sreenivasan & Ors, Supreme Court permits divorce on grounds of irretrievable marriage breakdown under Article 142 & waives the waiting period for divorce through mutual consent.

4. SC Expresses Unhappiness over Partial/no implementation of POSH Act
In the case of Aureliano Fernandes V. State of Goa & Ors, SC said there are "serious lapses" & "uncertainty" in the implementation of the protection of Women from Sexual Harassment Act, leaving many working women no choice but to leave their jobs.
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