Section 377 IPC - Navtej Singh Johar Vs. Union of India [Supreme Court of India, 06-09-2018] Contents

Penal Code, 1860 - Section 377 - The Constitution – an organic charter of progressive rights - Transformative constitutionalism and the rights of LGBT community - Constitutional morality and Section 377 IPC - Perspective of human dignity - Sexual orientation - Privacy and its concomitant aspects - Doctrine of progressive realization of rights - International perspective - Other Courts / Jurisdictions - Comparative analysis of Section 375 and Section 377 IPC - The litmus test for survival of Section 377 IPC.

IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL JURISDICTION
(Dipak Misra, CJI) (R.F. Nariman, J.) (A.M. Khanwilkar, J.) (Dr. Dhananjaya Y. Chandrachud, J.) (Indu Malhotra, J.)
September 6, 2018

WRIT PETITION (CRIMINAL) NO. 76 OF 2016

NAVTEJ SINGH JOHAR & ORS. …Petitioner(s)

VERSUS

UNION OF INDIA THR. SECRETARY MINISTRY OF LAW AND JUSTICE …Respondent(s)

WITH

WRIT PETITION (CIVIL) NO. 572 OF 2016

WRIT PETITION (CRIMINAL) NO. 88 OF 2018

WRIT PETITION (CRIMINAL) NO. 100 OF 2018

WRIT PETITION (CRIMINAL) NO. 101 OF 2018

WRIT PETITION (CRIMINAL) NO. 121 OF 2018

J U D G M E N T

Dipak Misra, CJI (for himself and A.M. Khanwilkar, J.)

C O N T E N T S

S.No(s)	Heading	Page No(s)
A.	Introduction	3-11
B.	The Reference	11-15
C.	Submissions on behalf of the petitioners	15-30
D.	Submissions on behalf of the respondents and other intervenors	31-44
E.	Decisions in Naz Foundation and Suresh Koushal	45-48
F.	Other judicial pronouncements on Section 377 IPC	48-57
G.	The Constitution – an organic charter of progressive rights	57-64
H.	Transformative constitutionalism and the rights of LGBT community	65-74
I.	Constitutional morality and Section 377 IPC	74-81
J.	Perspective of human dignity	81-89
K.	Sexual orientation	89-96
L.	Privacy and its concomitant aspects	96-111
M.	Doctrine of progressive realization of rights	111-118
N.	International perspective	118
	(i) United States	118-122
	(ii) Canada	123-125
	(iii) South Africa	125
	(iv) United Kingdom	126-127
	(v) Other Courts / Jurisdictions	127-129
O.	Comparative analysis of Section 375 and Section 377 IPC	129-140
P.	The litmus test for survival of Section 377 IPC	140-156
Q.	Conclusions	156-166

Presumptions are the Bats of the Law, Flitting in the Twilight, but Disappearing in the Sunshine of Actual Facts [ORDER]

Negotiable Instruments Act, 1881 - Section 138 - failure on the part of the complainant to produce his account statement and absence of entry in accounts maintained by him regarding loan advanced to the accused, does show that there was no material to support the basic facts on which the entire case of the complainant was based. Sufficient material was available on record whereby the defence of the accused became probable. In such a situation, the presumption under the provisions of the Act ceased to operate and the burden fell upon the complainant to prove his case, which he failed to do by placing on record cogent evidence.

Adverse Possession | Ravinder Kaur Grewal v. Manjit Kaur, C.A. No. 7764 of 2014 07-08-2019 SC

SUPREME COURT OF INDIA | Arun Mishra , S. Abdul Nazeer & M.R. Shah C.A. No.7764 of 2014 with S.L.P. (C) Nos. 8332 - 8333 of 2014 Radhakrishna Reddy (d) Through Lrs. v. G. Ayyavoo & Ors. August 07, 2019 Limitation Act, 1963 - Article 65 - Adverse Possession - Plea of acquisition of title by adverse possession can be taken by plaintiff under Article 65 of the Limitation Act and there is no bar under the Limitation Act, 1963 to sue on aforesaid basis in case of infringement of any rights of a plaintiff. A person in possession cannot be ousted by another person except by due procedure of law and once 12 years' period of adverse possession is over, even owner's right to eject him is lost and the possessory owner acquires right, title and interest possessed by the outgoing person/owner as the case may be against whom he has prescribed. In our opinion, consequence is that once the right, title or interest is acquired it can be used as a sword by the plaintiff as well...

Anticipatory Bail in Attempt to Murder Cases (Section 307 IPC) : What is Important to Note [Case Law]

Code of Criminal Procedure, 1973 - Section 438 - Grant of Anticipatory Bail - While considering the application under Section 438, the Court has to see the nature and gravity of the accusation and the antecedents of the applicant which includes whether he has been previously undergone imprisonment on conviction in respect of any cognizable offence, the possibility of the applicant fleeing from justice and whether the accusation has been made with an object of injuring or humiliating the applicant by having him so arrested. [Para 12]

FIRST LAW

Search This Blog