Arpita Yadav

ARPI10
Qualified UGC NET in 2019

Teaching experience of more than 3 years

Subjects Taken-
Criminal Law
Constitutional law
Personal Law
 IMPORTANT CASES OF 2020
Anuradha Bhasin v Union of India
Freedom of speech and expression and also freedom of
trade and commerce through the medium of the internet
are constitutionally protected rights under Articles
19(1)(a) and Articles 19(1)(g), respectively.
The Court observed that indefinite suspension of internet
is not permissible and that repeated orders under Section
144 CrPC will amount to abuse of power. The Court also
added that the Government should publish all orders of
restrictions, and should follow the principles of
proportionality to adopt less restrictive measures.
 • Sushila Aggarwal & Ors. v. State (NCT of Delhi) & Anr.
• The Supreme Court held that anticipatory bail should not invariably
be limited to a fixed period. But if there are any special or peculiar
features necessitating the court to limit the tenure of anticipatory
bail, it is open for it to do so, the five-judge bench headed by Justice
Arun Mishra has held.
• Shilpa Mittal v State of NCT of Delhi and Another
• The Supreme Court has observed that an offence prescribing a
maximum sentence of more than 7 years imprisonment but not
providing any minimum sentence, or providing a minimum sentence
of less than 7 years, cannot be considered to be a 'heinous offence'
within the meaning of Section 2(33) of the Juvenile Justice (Care and
Protection of Children) Act, 2015
• Keisham Meghachandra Singh v. The Hon'ble Speaker Manipur
Legislative Assembly & Ors.
• The Supreme Court has held that Speaker of the Legislative Assembly
should decide on a petition seeking disqualification of a member
under Tenth Schedule of the Constitution within a period of three
months, in the absence of exceptional reasons.
• Prathvi Raj Chouhan vs Union of India
• the Supreme Court upheld the constitutional validity of
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Amendment Act of 2018, which was enacted to
nullify the effects of the March 20, 2018 judgment of the SC
which had diluted the provisions of the Act.
• In re Exploitation of Children in Orphanages in State of Tamil Nadu
• A Child In Conflict With Law Cannot Be Kept In Jail Or Police Lockup
Under Any Circumstance
• Rambabu Singh Thakur vs Sunil Arora and others
• Taking note of "alarming" rise of criminalization of politics, the
Supreme Court directed that all political parties to publish the details
of criminal antecedents of their candidates in the Lok Sabha and
Assembly polls within 48 hours of selection of the candidate or within
two weeks of nomination, whichever is earlier.
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ARPI10
• The Secretary, Ministry of Defence v Babita Puniya and others.
• Permanent Commission should be granted to women in the army
regardless of their service, in all the ten streams where the Union
Government has already taken a decision to grant Short Service
Commission to women. The Court also held that absolute exclusion of
women from command assignments is against Article 14 of the
Constitution and unjustified. Therefore, the policy that women will be
given only "staff appointments" was held to be unenforceable by the Court.

• Union of India v Lt Cdr Annie Nagaraja

• the court held that women officers in Navy are also entitled to Permanent
Commission at par with men
• Nirbhaya Case : SC Dismisses Final Plea Of
Convicts To Stay Execution After Past Midnight
Hearing
• the last ditch effort of the convicts met with no success,
as the bench comprising Justices R Banumathi, Ashok
Bhushan and A S Bopanna dismissed the plea, after a
special sitting which commenced at around 2.45 AM.
• Two hours later, the convicts were hanged to death at
5.30AM at Tihar jail
• Suo Moto Writ Petition In Re : Cognizance For Extension of Limitation
• With the objective of reducing physical filings in courts and tribunals
across the countries during the COVID-19 pandemic, the Supreme
Court on Monday passed a general order extending the limitation,
whether condonable or not, with effect from March 15, until further
orders.
• Suo Moto Writ Petition In Re: Contagion of COVID 19 Virus in
Prisons
• To avoid overcrowding in prisons in the wake of COVID
pandemic, the Supreme Court on Monday directed all states
and Union Territories to set up high level committees to
determine class of prisoners who could be released on parole
for four to six weeks

• A bench headed by Chief Justice S A Bobde observed that the

prisoners convicted of or charged with offences having jail
term of up to seven years can be given parole to decongest
jails.
• Alembic Pharmaceuticals Ltd. v. Rohit Prajapati & Ors.)
• A division bench comprising Justices D Y Chandrachud and Ajay
Rastogi reiterated that the concept of 'ex post facto' Environmental
Clearance (EC) is against the fundamental principles of environmental
jurisprudence.
• Internet and Mobile Association of India vs Reserve Bank of India
• the Supreme Court lifted the curbs imposed by the Reserve Bank of
India on regulated entities such as banks and NBFCs from dealing with
virtual currencies and from providing services to crypto businesses.
• In Re: Guidelines For Court Functioning Through Video Conferencing
During Covid-19 Pandemic
• Highlighting the immense need to observe social distancing alongside
unhindered access to justice, a bench comprising Chief Justice S A
Bobde, Justices D Y Chandrachud and L Nageswara Rao issued a slew
of directions in order to streamline the functioning of courts via video
conferencing.
• Shivraj Singh Chouhan & Ors. v. Speaker Madhya Pradesh Legislative
Assembly & Ors.)
• SC held that a Governor can direct floor test even while house is in
session.

• The Court therefore affirmed its order passed on May 19 to hold floor
test in the MP assembly for proving the majority of the previous
government led by Kamal Nath.
• Shashank Deo Sudhi v. Union of India & Ors.
• In modification of its previous order directing free testing for
COVID-19 in both government and private laboratories, the SC
bench comprising of Justices Ashok Bhushan and S Ravindra
Bhat directed that-

• free testing will be available to persons eligible under

Ayushman Bharat Pradhan Mantri Jan Aarogya Yojana as
already implemented by the Government of India, and any
other category of economically weaker sections of the society
as notified by the Government for free testing for COVID-19.
• Chebrolu Leela Prasad Rao & Ors. v. State of A.P. & Ors.
• SC held that 100 per cent reservation of teachers
belonging to the Scheduled Tribe category at schools
situated in "Scheduled Ares" is constitutionally invalid.

• The Bench also quashed the Government order issued

under the hand of Governor of State of Andhra Pradesh
which had affirmed absolute reservation for ST teachers
and imposed costs on both Andhra Pradesh & Telangana
Government's, seeking reasons from the Government's
for breaching the 50% ceiling in reservations.
• State of Gujarat v. Mansukhbhai Kanjibhai Shah
• The Apex Court observed that the High Court was in fact incorrect in
holding that a "Deemed University" is excluded from the ambit of the
term "University" under Section 2(c)(xi) of the Prevention of
Corruption Act.
• Christian Medical College Vellore Association v. Union of India & Ors.
• Supreme Court upheld the validity of National Eligibility Cum Entrance
Test (NEET) for admissions to medical and dental courses.
• the right conferred on religious and linguistic minorities to administer
educational institutions of their choice is not an "absolute right" and
is not free of "regulation" from the State.
• In Re: Vijay Kurle & Ors.
• The Supreme Court held that a citizen must have some standing or
knowledge before questioning the capability of or integrity of a Judge
of the Highest Court and cautioned that the right to criticize
Judgments delivered by any court, including the Supreme Court, does
not encompass the right to question the "bona fides" of a judge or to
raise questions with regard to their competence.
• Foundation for Media Professionals v. Union of India
• Supreme Court Refuses To Pass Orders For 4G Restoration In J&K;
Asks Special Committee To Examine Issues Raised By Petitioners
• Arnab Ranjan Goswami v. Union of India & Ors.
• In a writ petition seeking quashing of FIRs filed by Republic TV Editor-
in-Chief Arnab Goswami, the Supreme Court observed that to allow a
journalist to be subjected to multiple complaints and to the pursuit of
remedies traversing multiple states and jurisdictions when faced with
successive FIRs and complaints bearing the same foundation, has a
stifling effect on the exercise of his freedom.
• S. Kasi v. State Thr. Inspector, PS Madurai
• The Supreme Court held that its suo motu order extending limitation
and the lockdown restrictions of the government will not affect the
right of an accused to seek default bail
• MC Mehta v. Union of India
• The Supreme Court recalled its March 27 order which allowed sale of
10% of unsold BS-IV vehicles for ten days after the lockdown, in areas
except Delhi-NCR, after noting that the automobile dealers sold such
vehicles during the lockdown in violation of the order.
• Suo Motu Limitation Extension
• SC allowed service of summons & notices through instant tele-
messenger services like Whatsapp as well as via email & fax. The
order was passed after Court noticed the difficulty in visiting post
offices amid the pandemic. The Court clarified that all methods are to
be employed to prove a valid service on a party.
• Arjun P. Khotkar v. Kailash K. Gorantyal & Ors.
• The Supreme Court has held that the certificate required under
Section 65B(4) is a condition precedent to the admissibility of
evidence by way of electronic record.
• Ficus Pax Private Ltd v Union of India and others

• No industry can survive without the workers. Thus employers and

employee need to negotiate and settle among themselves. If they
are not able to settle it among themselves, they need to
approach the concerned labour authorities to sort the issues
out", the order said.
• The Supreme Court interfered with the order passed by the
Ministry of Home Affairs on March 29 which had directed
employers not to deduct wages of their employees during
lockdown.
• The Court directed that no coercive action should be taken
against employers for the violation of the MHA order.
• Rhea Chakraborty v Union of India and others
• Supreme Court Transfers Sushant Singh Rajput Death Case To CBI
• In Re Prashant Bhushan and anr.
• The most criticized judgment of the Supreme Court in 2020 was its
verdict holding Advocate Prashant Bhushan guilty of contempt of
court for his tweets criticising judiciary. A bench comprising Justices
Arun Mishra, BR Gavai and Krishna Murari formed the opinion that his
tweets shook public confidence in judiciary and thererby amounted
to scandalizing the court.
• Vineeta Sharma v Rakesh Sharma
• n a significant judgment, the Supreme Court has held that a daughter
will have a share after Hindu Succession (Amendment) Act, 2005,
irrespective of whether her father was alive or not at the time of the
amendment.
• Praneeth K and others v University Grants Commission
• The Court held that the State Disaster Management Authority can
direct the cancellation of exams taking note of the pandemic
situation. However, the SDMA cannot give a direction that students
should be promoted without exams as that is a matter pertaining to
the UGC. The Court held that States may seek extension of the
September 30 deadline for exams based on the SDMA directions.
• Gujrat Mazdoor Sabha v. State of Gujrat
• The Supreme Court has quashed the notification issued by the
Gujarat Labour and Employment Department granting exemptions to
all factories in Gujarat from provisions of the Factories Act, 1948
relating to daily working hours, weekly working hours, intervals for
rest and spread overs of adult workers as well as from payment of
overtime wages at double rates viz. Section 59.
• Amit Sahni v Union of India and others
• In yet another debatable judgment, the Supreme Court held that the
protests must be carried out only in designated places. The Court
made this pronouncement in the petitions seeking the removal of
Shaheen Bagh protests against CAA-NRC.
• Arnab Goswami Case

• While ordering the release of Republic TV anchor Arnab Goswmai

from prison, the Supreme Court held that High Courts can grant bail
even in a writ petition under Article 226 of the Constittution in
appropriate case
• Tofan Singh v State of Tamil Nadu.
• The Supreme Court held by 2:1 majority that officers of the Central &
State agencies appointed under Narcotic Drugs and Psychotropic
Substances Act are police officers and therefore the 'confessional'
statements recorded by them under Section 67 are not admissible.
• Mukesh Singh V. State
• A Constitution Bench of the Supreme Court has held that it
cannot be held as a general proposition that an accused under
NDPS Act is entitled to an acquittal merely because the
complainant is the investigating officer.
• Tamil Nadu Medical Officers Association v Union of India
• A Constitution Bench of the Supreme Court has held that Medical
Council of India has no power to make any reservation for in-service
candidates in Post Graduate Medical Course in any particular state.
• Amish Devgan v Union of India
• The judgment delivered by a bench comprising Justices A M
Khanwilkar and Sanjay Khanna discusses the distinctions between
'hate speech' and 'free speech', the need to criminalize 'hate speech'
and the tests to identify it.
• Satish Chander Ahuja v. Sneha Ahuja
• A wife is also entitled to claim a right to residence in a shared
household belonging to relatives of the husband, the Supreme Court
held in an important judgment overruling the 2006 judgment in SR
Batra v. Taruna Batra.
• PARAMVIR SINGH SAINI vs. BALJIT SINGH
• In a path-breaking Judgment, the Supreme Court has directed that in
case of any human right violation by investigating agencies like police,
CBI, NIA, ED Etc, the victims have the right to get the copy of CCTV
footage of interrogation and also to approach the National/State
Human Rights Commission, Human Rights Court or the
Superintendent of Police or any other authority empowered to take
cognizance of an offence.
• Saravanan v. State
• A Bench comprising Justices Ashok Bhushan, R. Subhash Reddy and
MR Shah held that while granting default bail/ statutory bail under
Section 167(2) of CrPC, condition of deposit of amount cannot be
imposed.
• SAURAV YADAV vs. STATE OF UTTAR PRADESH
• The Supreme Court has observed that the candidates belonging to
reserved category, are eligible to fill general/open category vacancies
also.
• Rajesh V. Neha and anr
• The Supreme Court issued guidelines on payment of
maintenance in matrimonial matters. A bench comprising
Justices Indu Malhotra and R. Subhash Reddy held that
maintenance in all cases will be awarded from the date of
filing the application for maintenance. The court said that
for payment of Interim Maintenance, the Affidavit of
Disclosure of Assets and Liabilities, shall be filed by both
parties in all maintenance proceedings, including pending
proceedings before the concerned Family Court / District
Court / Magistrates Court, as the case may be, throughout
the country.