27/02/2021

The 3 Judges Case | SP Gupta vs Union of India

SP Gupta vs Union of India is the first case related to the collegium system in India adopted for the appointment and transfer of Supreme court and High court judges. In the case SP Gupta vs Union of India, Judiciary decided in favor of the Government rather than the Chief justice of India, in matters involving the appointment of judges in the high court and supreme court. Seven judges’ bench was constituted in SP Gupta vs Union of India case and the decision of the court was pronounced by P.N Bhagwati.Bench: A Gupta, D Desai, E Venkataramiah, P Bhagawati, R Pathak, S M Ali, V Tulzapurka Various written petitions were filed in the high court challenging the circular letter issued by the law minister of the Government of India. All the petitions were transferred to the supreme court under article 139 of the constitution. Iqbal Chagla and others filed a […]

Forensic Yard Case Studies 0 4 min read
22/02/2021

Shocking Case Study of Indira Gandhi v/s Raj Narain Case

Indira Gandhi vs Shri Raj Narain is one of the most controversial cases of the late 20th century which led to an emergency. The emergency was proclaimed on 25 June 1975 and lasted till 1977. It is considered the black period of Indian democracy that lasted for 21 months. Indira Gandhi became prime minister by a huge majority of 352 in Lok sabha. In the 1971 general election, she gave the slogan of Garibi hatao. She was also awarded the highest civilian award Bharat Ratna in India after India’s war against Pakistan. Agitation against Indira Gandhi started building in people due to poverty which was at its peak after the India-Pakistan war of 1971. The allegations of corrupt practice in winning elections were also raised by opposition mainly by Raj Narain. The government of India passed the 24th amendment act in 1971, by which attempts to make parliament more powerful […]

Forensic Yard Case Studies 1 5 min read
06/02/2021

Rustom Cavasjee Cooper vs Union of India | Bank Nationalisation Case 1970

This case was filed by Rustom Cavasjee Cooper, in this case, the decision of Indira Gandhi’s government to nationalize 14 Major commercial banks of India was challenged. This was an attempt to socialize India on the model of the Soviet Union. Rustom Cavasjee Cooper was an advocate of a free-market economy, he was a charted accountant and he also served as president of the Indian Institute of Charter accountant. He also held the post of vice president at the influential Free Enterprise Forum. He was a critic of India’s socialist model adopted by Indira led congress. Acting President of India, Justice M. Hidyatullah, issued an Ordinance just two days before the monsoon session of the Parliament was going to start. The name of the Ordinance was ‘Banking Companies (Acquisition and Transfer of Property) Ordinance of 1969’. By this ordinance undertakings of 14 commercial banks were transferred to corresponding banks, having […]

Forensic Yard Case Studies 0 4 min read
05/02/2021

K.M. Nanavati vs State of Maharashtra 1961 | Brief of Landmark Judgement

K.M. Nanavati vs the state of Maharashtra is a murder case in which Indian naval officer Kawas Manekshaw Nanavati murdered the paramour of her wife. Bollywood film Rustom of Akshay Kumar is based on this case and Akshay played the role of Nanavati in the movie. Sylvia, the wife of Nanavati, and Nanavati both moved to Bombay. They both met Ahujas at a party through their common friend Agnis in 1956. As the friendship developed, Prem Ahuja and Sylvia developed a sexual relationship. On 27 April 1969 Sylvia confessed to Nanavati about her relationship with Ahuja. Enraged at the conduct of Ahuja, Nanavati went to his ship and from the stores of the ship, he brought with him a semi-automatic revolver and six cartridges on a false pretext. Then he drove his car to Ahuja’s office, and not finding him there, he went to his flat, he went to his […]

Forensic Yard Case Studies 0 3 min read
16/01/2021

Top 10 Murder Mysteries Where Forensics Actually Helped Solve Crimes

Murder mysteries are difficult to solve yet never impossible, it depends on the will of the investigation department as to how badly they want justice for the victim. There are 100’s Forensics is an integral part of the law as they analyze evidence to bring out the truth in front of the world. A suspect may or may not confess about his crimes in court, Forensics always show the bitter truth of the case. Police receive distinct cases per day. Some of those are Open and shut cases while some take a turn into mysteries. Forensic always come in handy to the court as well as the police department to help catch the criminal. Centuries have passed since Forensic science was used for the first time to solve the case and since then, advancements in this field has been enormous making it easy to catch up with the sharp-minded serial […]

Forensic Yard Top 5 0 15 min read
13/01/2021

Golaknath vs State of Punjab – 1967: Case Summary

In the Golaknath vs State of Punjab landmark case, the Supreme court held that parliament cannot amend fundamental rights even in implementing directive principles of state policy. The Golaknath vs State of Punjab case invalidated the decision of the court given in the Sajjan Singh and Sankari Prasad Singh case. Although the amendments which were challenged in the above cases remain operative due to the doctrine of prospective overruling. In this case, the Supreme court for the first time used the doctrine of prospective overruling. The farmland of 500 acres was held by two families Henry and William Golaknath in Jalandhar and Punjab. In 1953 under Punjab Security and Land Tenures Act, the state government held that both the Golaknath brothers could keep only thirty acres each, a few acres would go to tenants and the rest was declared ‘surplus’. This decision was challenged by the Golaknath family in the […]

Forensic Yard Case Studies 0 3 min read
10/01/2021

Kesavananda Bharti vs State of Kerala: 47 Years Since Landmark Judgment That Saved Democracy

Kesavananda Bharti case is a landmark judgment in the history of the Indian constitution as this case gave rise to the doctrine of the basic structure of the constitution which cannot be taken away. Kesavananda Bharti was a Hindu monk who served as the Shankaracharya of Edneer Mutt, a Hindu monastery in Kasaragod district, Kerala. He continued the position of the head until he died on 6 September 2020. He was a follower of Smartha Bhagawatha tradition and the Advaita Vedanta school of Hindu philosophy The petition was filed by Kesavananda Bharti on 21st March 1970 and the judgment was delivered by the Supreme Court on 24th April 1973. The bench constituted, in this case, consisted of 13 judges. It is the largest bench constituted till now. The judgment was delivered with a majority of 7:6. The case was heard for 68 days. He filed a petition under Article 32 […]

Forensic Yard Case Studies 0 3 min read
16/12/2020

Tandoor Murder Case: Cop Paid Price for Performing his Duty

The tandoor murder case was the most horrendous and foul crime that took place in Delhi, India. Congress Youth leader Sushil Sharma was the murderer and thus, it was hard to make him a convict due to his political power. Sushil Sharma killed his wife based on suspicion of an extra-marital affair with Maltoob Karim. After the murder, he took her body to a restaurant of his friend in Cannaught place and tied to dump the body in a Tandoor. And so the case is named as famous 1995 Tandoor murder case. How the police came to know about Tandoor murder case? On the night of Tandoor murder case incident, when the body was being burnt, its flames caught the eyes of locals and thus they informed the police. The patrolling officer, Abdul Nazir Kunju along with the constable was present in the area and went to check about the […]

Forensic Yard Case Studies 3 2 min read
13/12/2020

Top 5 Cases Cracked by Forensics in India

Forensics is an integral part of the criminal justice system as it helps in providing justice and maintaining law and order. In India, not many are aware of forensics, thanks to innumerable Tv shows, movies, that have helped in introducing Forensic science in India especially CID which most people used to watch on television. Yet, only awareness is not important but also its application. Due to many factors, India is way beyond Forensic advancements and workforce that should have been introduced or implemented a long time ago. Although, the established forensic institutions in India play a vital role in offering justice to the victims. Here is the list of top cases solved by forensics in India over the years. Top 5 cases cracked by forensics The top 5 cases solved by forensics have been discussed below: 1. Mumbai serial rapist-murderer case This case comprises of Rehan Qureshi who was a […]

Forensic Yard Top 5 2 13 min read
10/12/2020

Murderer Busted by DNA Fingerprinting for 1st Time

DNA fingerprinting has proven to be an important asset to the criminal justice system as it has assisted in many criminal cases around the world linking the suspect with the victim as well as the crime scene. The first DNA fingerprinting test was used in 1986 in a murder and rape case and is still in large use for any suspicion in any case. Recent developments have made it much more effective, cheap, and reliable to be used in the court as a piece of admissible evidence. Discovery of DNA fingerprinting In 1984, Alec Jeffrey an English geneticist was studying hereditary diseases in families. He was focusing on strategies to unravel paternity and immigration disputes via demonstrating the genetic links between individuals. Jeffreys used Restriction Fragment Length Polymorphism (RFLP) to analyze Deoxyribonucleic Acid (DNA). Dr. Jeffreys discovered that repetitive patterns of DNA, regarded as Variable Number of Tandem Repeats (VNTRs), had been present in all human beings but that they varied in size for each individual. He soon realized that this variant could be used […]

Forensic Yard Case Studies 1 4 min read