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M Nagaraj vs Union of India judgement

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Nagaraj & Ors. v. Union of India & Ors. (2006) 8 SCC 212 which upheld the constitutional amendments which inserted Articles 16(4A) and 16(4B), the Court had held that it is not mandatory for the State to make reservations for SC/ST in a matter of promotions. What Was Held in M Nagaraj vs UOI It also held that the Nagaraj judgment specified that the government must provide quantifiable data as regards backwardness is illegal and uncalled for due to the reason that the list only, after consideration by the President of India under arts. 341 and 342 are published and constitute SCs and STs. This case comment attempts to analyse the judgment of the Hon’ble Supreme Court of India in the case of M. Nagaraj v. Union of India reported in AIR 2007 SC 71, which dealt with a pertinent and extremely contentious issue of providing reservation in promotions and examines the same in the light of various principles pertaining to Constitutional law, namely right to equality and fairness, equa...

Mohori Bibee v Dharmodas Ghose Case

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About The Case Mohori Bibee V/S Dharmodas Ghose is a case that covers the ambit of minors agreement. This case basically deals with a minor's contract or a contract with a minor. In India, an agreement or a contract with a minor ( a person who is below the age of 18 yrs. or any person who has not completed 18 yrs. to 21 yrs.), is said to be void and incapable of being enforced. Whenever the question of performance arises in relation to this agreement, it is left entirely to the court's discretion to decide whether the minor should be held bound by its terms or not. Mohori Bibee V/S Dharmodas Ghose case is an important judicial treatise in India. It covers the ambit of minors’ agreement. This case basically deals with a minor's contract or a contract with a minor. In India, an agreement or a contract with a minor ( a person who is below the age of 18 yrs. or any person who has not completed 18 yrs.) can be either verbal or written agreement and it is regarded that such per...

Shayara Bano vs Union Of India Case

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  On 22 August 2017, the Supreme Court took a landmark decision on the constitutional validity of “Talaq-e-Biddat” popularly known as “ Triple Talaq ” which is one of the three males initiated divorce in the Muslim community, the other two being “Talaq has an” and “Talaq hasan”. As the name suggests in this form of divorce, where a Muslim man can instantly divorce his wife after repeating the word “talaq” in one sitting, without any state intervention. Here the means of communication could be in any form i.e written, oral, or even electronic, which further enhances a woman’s vulnerability in this arbitrary and unilateral divorce1. This controversial custom given that it is an intersection between gender identity and community has unsurprisingly left Muslim women prone to abuse and in a morbid state, especially given the socio-economic aspect where most of the women are financially dependent on their spouse and the added fear of this whimsical divorce leaves many cases of marital ab...