Landmark cases have been used to set precedence in the delivery of justice. Such cases further serve to inform practitioners and students in law on the considerations made in order to reach the decision made by court. Supreme court of India has in this regard made a number of landmark decisions that students need to know about. A final year student disappear in mysterious circumstances leading the family to file for a case in the supreme court seeking to identify the facts of the matter. Facts of the case indicated that the student was arrested, detained and killed by the police. The supreme court, in this case, found the police officers liable for the offense and they were sentenced to life in prison. This was however contended and overturned in an appeal.
In another case, three guards assigned to protect the then prime minister conspired to kill her. Two of the suspects were arrested while the third was killed at the time. The court found the two guilty of murder and sentenced them to death and an appeal was made to the supreme court. They made an appeal to the supreme court but the judgment was upheld.
A landmark case filed in the supreme courts also involved a family dispute. A famous lawyer has disowned his children and their mother citing religious grounds. A lower court ruled that the wide should receive Rs 25 per month as maintenance. An appeal on the matter in the supreme court indicated that religion was wrongly cited and increased the allowance awarded to the wife.
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. The case was filed in court and while in progress a fatal accident occurred killing and further injuring a good number of people. The supreme court on this matter determined that the company needs to cease production of the gases and further compensate the affected families accordingly.
Appointment and transfers of judges is entrenched in the constitution but lawmakers needed the court to rule the legality of the process under the sections provided in the constitution. The case was to ascertain where the powers to appoint and transfer judges lie as per the constitution. In the court’s ruling, the power to appoint was given to the chief justice by the constitution and in such a way that is the office with powers of appointment. The chief judge further has the responsibility to advise the president on appointments but this must be done in confines of the law.
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