IMPORTANT CASES FOR PCS-J 2018

1. Joseph Shine vs Union Of India on 27 September, 2018

Section 497 is struck down as unconstitutional being violative of Articles 14, 15

and 21 of the Constitution.

(ii) Section 198(2) of the Cr.P.C. which contains the procedure for prosecution
under Chapter XX of the I.P.C. shall be unconstitutional only to the extent that
it is applicable to the offence of Adultery under Section 497.

2. Tehseen S. Poonawalla vs Union Of India on 17 July, 2018

Mob Lynching case

The lynchings were “targeted violence” against particular religion, caste, an

thus, in violation of the constitutional guarantees under Article 15 of the
Constitution. Article 15 protected from discrimination on the basis of religion,
caste, sex, gender, etc

3. Navtej Singh Johar vs Union Of India Ministry Of Law And … on 8 January,

2018

On 6th September, 2018 the five-judge Bench partially struck down Section
377 of the Indian Penal Code, decriminalizing same-sex relations between
consenting adults. LGBT individuals are now legally allowed to engage in
consensual intercourse. The Court has upheld provisions in Section 377 that
criminalize non-consensual acts or sexual acts performed on animals.

IPC 377 unconstitutional.

# In 2018 India is 27th Country which legalize Homo sexuality

4.Indian Young Lawyers Association vs The State Of Kerala on 13 October,
2017

The Supreme Court considered whether the Sabarimala Temple’s customary

religious practice, which prohibits the entry of women, violates fundamental
rights guaranteed to women by the Indian Constitution

Important note : The Sabarimala Temple, considered the abode of Lord

Ayyappa, is located in the Periyar Tiger Reserve in the Western Ghat mountain
ranges of Pathanamthitta District, Kerala. It prohibits the entry of women in
their ‘menstruating years’ (between the ages of 10 to 50), on the grounds that
it is a place of worship.

5.Jarnail Singh vs Lachhmi Narain Gupta . on 26 September, 2018

The Supreme Court allowed the Union government to go ahead with

reservations in promotions to SC/ST employees in “accordance with law”.

6. Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018

Unique Identification Authority of India (UIDAI) case .

Important note :

Aadhaar was challenged in Supreme Court in 2012

Justice Puttaswamy, retired Karnataka High Court judge filed a petition

against Aadhaar

Justice Puttaswamy argued that making Aadhaar mandatory violated

fundamental rights.

7.Common Cause (A Regd. Society) vs Union Of India on 9 March, 2018

Supreme Court of India has held that right to die with dignity is a fundamental
right. The Bench also held that passive euthanasia and a living will also legally
valid. The Court has issued detailed guidelines in this regard.

8.Shakti Vahini vs Union Of India on 27 March, 2018

The SC ruled it was illegal for so-called khap panchayats, or assemblies of

village elders, to interfere in marriage between two consenting adults, and to
summon and punish them, as it laid down preventive, remedial and punitive
measures to stop honour killings.

Right of an adult to choose his or her life partner is above “class honour,” a
three-judge bench headed by chief justice Dipak Misra said.

The court’s judgement came on petition filed by non-government

organisation (NGO) Shakti VAhini in 2010.

9.Shayara Bano vs Union Of India And Ors. Ministry Of … on 22 August, 2017

supreme Court of India has declared the practice of Triple Talaq as

unconstitutional by 3:2 majority.

Justices Kurian Joseph, UU Lalit and RF Nariman delivered the majority

Judgment. Chief Justice Khehar and Justice Abdul Nazeer dissented. …

Chief Justice Khehar And Justice Abdul Nazeer [Minority Judgment- written By
Justice Khehar]

10.Swapnil tripathi – Indira Jai Singh

Supreme Court agrees to live streaming of court proceedings