Nov 20,2020 | 5 min read

"10 Most Interesting Court Cases Everyone Needs to Know About" By Kawaljit Singh Bhatia

India could be an awesome case of how regularly reality is stranger than fiction. The Indian Legal Framework could be a treasure trove of such stories. Here are a few of the foremost vital and persuasive cases in Indian history.

  1. K.M. Nanavati vs State of Maharashtra (1959) 

This case was the final time there was a jury trial in India. KM Nanavati, a maritime officer, killed his wife's partner, Prem Ahuja. A jury trial was held to choose whether it was wrongdoing of energy (carrying a ten-year sentence) or premeditated kill (life detainment) to which Nanavati argued 'not guilty'. The jury ruled in support of him but the decision was expelled by the Bombay High Court and the case was retried as a seat trial.

  1. The state of Orissa vs Smash Bahadur Thapa (1959)

This could be a strange one. Slam Bahadur Thapa was the hireling of one J.B. Chatterjee of Chatterjee Bros. firm in Calcutta. They had come to Rasogovindpur, a town in Balasore locale in Orissa to buy aeroscrap from a surrendered aerodrome exterior the town. Since it was deserted, the local people accepted it was frequented. This provoked the interest of Chatterjee who needed to "see the apparitions". At night, as they were making their way to the aerodrome they saw a flashing light inside the premises which, due to the solid wind, appeared to move. They thought it was will-o'-the-wisp. Thapa bounced into activity as he unleashed his khukuri to assault the "apparitions". Turns out, they were neighbourhood Adivasi ladies with a typhoon light who had accumulated beneath a mohua tree to gather a few blossoms. Thapa's unpredictable hacking caused the passing of one Gelhi Majhiani and harmed two other ladies. The Sessions court judge, however, acquitted Thapa declaring that his actions were the result of a stern belief in ghosts and that at the moment, Thapa believed that they were lawfully justified.

  1. Mathura Rape Case (1972) 

This is one of the foremost critical cases within the nation, since the dissents taken after the decision, constrained a few imperative changes in assault laws in India. Mathura, a youthful tribal lady, was assaulted by two constables inside the premises of the Desai Ganj Police Station in Chandrapur area of Maharashtra. The Sessions court judge found the charge not blameworthy. The thinking behind this was (accept it or not) that Mathura was habituated to sexual intercut. This, agreeing to the judge, clearly inferred that the sexual act within the police station was consensual. The alterations to the law that were constrained by the dissents got one thing right - accommodation does not cruelly assent.

  1. NALSA vs Union of India (2014): 

This is the landmark decision by the Supreme Court of India which declared that Transgendered People were the 'third gender' and that they had equal rights as any other gender. The petitioner in this case was the National Legal Services Authority (NALSA).

  1. Kesavananda Bharati vs the State of Kerala 

If there's one reason India can still call itself 'the world's biggest democracy', it is this case. Swami Kesavananda Bharti ran a Hindu Mutt in Edneer town in Kerala but the state needed to fit the arrival. Bharti, who was counselled by famous law specialist Nanabhoy Palhkivala, recorded an appeal claiming that a devout institution had the correct to run its commerce without government impedances. The State conjured Article 31 which states " no individual might be denied of his property spared by a specialist of law. " A seat of 13 judges pondered on the actualities of the case and through a narrow 7-6 larger part, defined the Fundamental Structure Tenet, which puts a few limitations to how much the Parliament can revise the Protected laws. In numerous ways, the judgment here is considered to be an enormous centre finger to the then Central government beneath Indira Gandhi. Before long after, the crisis took after.

  1. Mohd. Ahmed Khan vs Shah Bano Begum (1985) 

62-year ancient mother of five, Shah Bano Begum was separated by her spouse, Mohd. Ahmed Khan. She recorded a criminal suit against him within the Preeminent Court and claimed provision, which was at that point allowed to her. But at that point, the Islamic universality challenged the judgment claiming the home of allowing divorce settlement as anti-Islamic. The Congress government, which was in control back at that point, capitulated to the weight and passed the Muslim Ladies (Security of Rights on Separate) Act, 1986 which weakened the Preeminent Court judgment and assist denied destitute Muslim divorced people the correct to divorce settlement from their ex-husbands. This case is regularly specified amid talks around 'Uniform Civil Code' within the nation.

  1. Lal Bihari Character Case (1975-1994) 

Lal Bihari was born in 1955; was dead through 1975 to 1994, and since at that point he has been an extremist. Yes, you perused that right. His uncle had bribed government authorities to pronounce him dead so as to acquire their ancestral arrival, and so, as per official records, Mr Lal Bihari was enrolled as 'deceased'. Once he realized what had happened, he began his battle against the Indian bureaucracy to demonstrate that he was lively. Meanwhile, he performed his deride burial service, inquired for widow's emolument for his spouse, stood within the decision against Rajiv Gandhi in 1989 and indeed included a ' Mritak ' to his title. As of presently, he heads an organization that tries to handle comparable personality cases for individuals who have been authoritatively pronounced dead but are really still lively.

  1. Vishakha and Others vs. State of Rajasthan (1997)

Before the Vishakha Rules came within, the working environment was perilous for numerous ladies particularly in case of sexual badgering. In 1992, Bhanwari Devi was gang-raped by upper caste men in her town since she attempted to raise her voice against child marriage. Due to net carelessness, the vaginal swabs collected from her body were taken 48 hours after the occurrence. In a perfect world, it ought to be done so inside 24 hours. Shockingly, the judge managing over her case (this was the seventh judge after six others were expelled) vindicated the denounced, indeed going so distant to say, " Since the wrongdoers were upper-caste men and included a brahmin, the assault might not have taken put since Bhanwari was from a lower caste. " Taking after the shock over this vindication, Vishakha and a few other women's bunches recorded a PIL against the State of Rajasthan and the Union of India, driving the last mentioned to receive the Vishakha Rules which presently ensures working ladies all over the nation.

  1. Tarakeswar Case (1874) 

This case was so (for the need of distant better; a much better; a higher; a stronger; an improved a stronger word) 'popular', that specialists had to offer tickets to let individuals come inside the sessions court. And the story itself is nothing brief of a blockbuster. Nobin Chandra opened the throat of his 16-year ancient spouse, Elokeshi, who was clearly having an issue with the mahant of the nearby Tarakeswar sanctuary. Indeed in spite of the fact that Nobin Chandra gave himself over to the police and confessed his wrongdoing, the local people were for the most part on his side. The police had to let him go after two a long time, indeed in spite of the fact that he was serving a life detainment whereas the mahant was captured and put behind bars for three a long time. On the other hand, there were moreover gossipy tidbits that the mahant had assaulted Elokeshi on the affection of making a difference here with "ripeness issues". This case was truly critical for that time period since this was seen by the society as one of those minutes where the British rulers intruded within the undertakings of the Bengali bhadralok and a sanctuary cleric, something that was very rare back in those days.

  1. Bhawal Case (1921-1946) 

It's still respected as one of India's most odd personality cases. It basically rotated around a conceivable fraud who claimed to be the sovereign of Bhawal Bequest, one which comprised over 2000 towns and was one of unified Bengal's biggest zamindari bequests. Ramendra, the moment Kumar of the Bhawal domain passed on within the early 20th century, but there were bits of gossip around him not truly being dead. Ten a long time afterwards, in 1921, a sanyasi who looked a part like Ramendra was found meandering the lanes of Dhaka. For a few reasons, the previous occupants and ranchers of Ramendra vouched for this man additionally backed his claim to the title. Nearly everybody but Ramendra's dowager, Bibhabati, accepted him. There was a long legitimate preparation including two trials where both sides attempted to demonstrate their claims. Meanwhile, the modern Ramendra too moved to Calcutta and where he was invited within the tip-top circles. He utilized to routinely collect 1/3rd of the domain income, which was his share. He used that money to support his lifestyle while also paying the legal fees of the case. In the end, in 1946, the court finally ruled in his favour, but soon after that, he passed away due to a stroke he had suffered a couple of days earlier.

 

 


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ABOUT THE AUTHOR


Kawaljit Singh Bhatia

Kawaljit Singh Bhatia is an Advocate on Record in the Supreme Court of India and appears regularly in the Supreme Court of India, Delhi High Court and various Courts and Tribunals in Delhi. Singh specializes in the field of Arbitration, Commercial Disputes, Consumer Disputes, Telecom & Broadcasting Laws, etc. Singh has, in the past, worked with top tier firms like Cyril Amarchand Mangaldas and Trilegal. Singh is an alumni of Symbiosis Law School, Pune - batch of 2009.

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