Indian Landmark Cases
Landmark cases have been used to set precedence in the delivery of justice. Law students, therefore, need to have in-depth knowledge of such cases is regions where they intend to offer representation. A reflection of this is available from the supreme court of India that has made a number of landmark decision in its tenure. In the case of T.V. Eachara Varier Vs. Criminal of the Home 1978 CriLJ 86, a case had been filed regarding the disappearance of a final year student by his family. Reliable sources indicated the student to have been arrested and killed by the police during a time of emergency. When brought to the supreme court, it was determined that police were liable for the case and faced punishment. The supreme court was to later quash the sentence.
Another landmark case in India was recorded after three guards conspired to kill the prime minister. One of the guards was killed in the event while the other two were arrested and charged in court. In the courts, the guards were sentenced t death after being found to be guilty. This court in its ruling upheld the earlier decision of the lower court.
In 1985, a case of gender equality and divorce as known within the Indian Muslims was brought before the court. The case famously known as “Shah Bano Case” involved a famous lawyer who disowned his wife and children. The wide sought for maintenance and was awarded Rs. 25 by the lower courts on monthly basis. On appeal the supreme court increased this to Rs. 179 per month stating that the law was not limited to religion.
Another great ruling to hit the floor of the supreme court was the famous Bhopal Tragedy court. In this case, the complainant wanted the court to stop the company from producing dangerous gases and offer compensation to persons affected by the gas. While the case was in progress, n explosion occurred within the factory killing and injuring a number of persons. Based on this, the court ruled that the company should offer the victims with compensations and further cease production of the gas.
The case of Judges transfer is another landmark ruling made by the supreme court. The lawmakers wanted a clear definition of the office with responsibility to appoint judges and as well the extent to which it should be applied as per the constitution. By interpreting the constitution, the supreme court ruled that the chief justice has powers to appoint and transfer judges within the powers accorded. The chief judge further has the responsibility to advise the president on appointments but this must be done in confines of the law.