Seven Landmark Judgments of Supreme Court ,2017 -that changed the view



1.Right To Privacy

 (Justice K S Puttuswamy V UOI) WRIT PETITION (CIVIL) NO 494 OF 2012

 

This was a landmark judgment from the perspective that it has settled the longtime debate on the subject matter of right to privacy being a Fundamental right or not. In a unanimous Nine judge Constitution bench overruled the judgements in MP Sharma and Kharak Singh and held that Right to Privacy is protected under Article 21 of Constitution of India. 

2.   Triple Talaq Case(Shayara Bano vs Union Of India And Ors. Ministry Of ... on 22 August, 2017) Writ Petition (C) No. 118 of 2016

 

The issue which pertains with Triple Talaq i.e. Talaq-i-biddat is that with this practice husband is able to divorce his wife by simply uttering the word ‘talaq’ three-time consecutively which was quite barbaric to Muslim women. The Honorable Supreme Court verdict although is divided in terms of points of law and reasons, however, this decision must be construed as a milestone for the cause of gender justice in India.

3.   Intercourse With Minor Wife Is Rape (Independent Thought vs Union Of India on 11 October, 2017) WRIT PETITION (CIVIL) NO. 382 OF 2013

 

In this landmark judgement, it was held by Two Judge Bench of Supreme Court that Section 198(6) of the CrPC will apply to cases of rape of “wives” below 18 years, and cognizance can be taken only in accordance with the provisions of Section 198(6) of the Code. Consequently, the Court read down exception 2 to Section 375 of the IPC which consider such sexual act as legal and the age of consent has been changed from 15 to 18 in such cases.

4.   Nirbhaya (Mukesh & Anr vs State For Nct Of Delhi & Ors on 5 May, 2017) CRIMINAL APPEAL NOS. 607-608 OF 2017(arising out of S.L.P. (Criminal) Nos. 3119-3120 of 2014)

 

The three-Judge Bench of Supreme Court has dismissed the Appeals filed by the convicts and confirming the capital punishment awarded to them by the Trial Court.

5. Direction For Speedy Disposal Of Bail Plea (Hussain And Anr vs Union Of India on 9 March, 2017) CRIMINAL APPEAL NO.509 OF 2017(Arising out of Special Leave Petition (Crl.)No. 4437 of 2016)

 

Supreme Court has directed has directed lower courts to dispose bail plea within the period of 1 week. Honorable Court has also issued respective direction to undertake pendency of cases. It is also been reinstated that speedy trial is part of reasonable and just procedure guaranteed under article 21 of Constitution of India.

6.   Cases Related To Cheque Bounce Can Be Closed If The Complainant Is Compensated (M/S Meters And Instrument Pvt. Ltd. V Kanchan Mehta) CRIMINAL APPEAL NO. 1731 OF 2017(ARISING OUT OF SPECIAL LEAVE PETITION (CRL.) NO.5451 OF 2017)

 

In this landmark judgment, Supreme Court has clarified that an accused under Section 138 of Negotiable Instruments Act can be discharged even without the consent of the complainant if the Court is satisfied that the complainant has been duly compensated by accused. It was also apprehended that the normal role of criminal law i.e. composition of offence is possible only with the consent of complainant is not applicable for cases under Sec. 138 of NI Act.

7.   Ban On BS-III Compliant Vehicle M.C.Mehta vs Union Of India & Ors on 29 March, 2017(I.A.NO. 487/2017, I.A. NO. 491/2017, I.A. NO. 494/2017, I.A. NO. 489/2017, I.A. NO. 495/2017 in Writ Petition(Civil) No.13029/1985

 

In this case, Honorable Supreme Court has stated that “the health of the public is more important than any commercial interest of manufacturers” therefore they ordered to ban the sale and registration of pollution causing BS-III compliant vehicles

 

 

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1980 Dr. Gautam Ghosh.