AIBE Advanced — Landmark Judgments & Special Laws
50 Must-Know Landmark Cases for AIBE
Constitutional Law
| Case | Year | Held |
|---|
|------|------|------|
| Kesavananda Bharati v State of Kerala | 1973 | Parliament cannot amend Basic Structure of Constitution |
|---|---|---|
| Maneka Gandhi v Union of India | 1978 | Art 21 procedure must be just, fair, reasonable |
| Minerva Mills v Union of India | 1980 | Arts 14/19 cannot be abridged to implement DPSPs |
| Vishaka v State of Rajasthan | 1997 | Sexual harassment at workplace guidelines (pre-POSH) |
| Indra Sawhney v Union of India | 1992 | 50% cap on reservations, creamy layer exclusion |
| Shreya Singhal v Union of India | 2015 | Sec 66A IT Act struck down — chilling effect on speech |
| K.S. Puttaswamy v Union of India | 2017 | Right to privacy is FR under Art 21 |
| Navtej Johar v Union of India | 2018 | Sec 377 IPC consensual same-sex acts decriminalised |
| Shayara Bano v Union of India | 2017 | Instant Triple Talaq (Talaq-ul-Biddat) unconstitutional |
| Joseph Shine v Union of India | 2018 | Adultery (Sec 497 IPC) decriminalised |
Criminal Law
| Case | Year | Held |
|---|
|------|------|------|
| D.K. Basu v State of West Bengal | 1997 | Rights of arrested person — guidelines on arrest procedure |
|---|---|---|
| Bachan Singh v State of Punjab | 1980 | Death penalty constitutional; "rarest of rare" doctrine |
| Machhi Singh v State of Punjab | 1983 | Circumstances for "rarest of rare" — elaborated 5 categories |
| Arnesh Kumar v State of Bihar | 2014 | Police cannot arrest in offences under 7 years without magistrate's scrutiny |
| Lalita Kumari v Govt of UP | 2013 | FIR mandatory for cognizable offence — no preliminary inquiry |
| Nirbhaya Case (Mukesh v State of Delhi) | 2017 | Affirmed death sentence in gang rape-murder |
Civil Law
| Case | Year | Held |
|---|
|------|------|------|
| Mohori Bibee v Dharmodas Ghose | 1903 | Contract with minor void ab initio, no restitution |
|---|---|---|
| Hadley v Baxendale | 1854 | Damages only for loss that was foreseeable/in contemplation at time of contract |
| Satyabrata Ghose v Mugneeram Bangur | 1954 | Doctrine of frustration (Sec 56 Contract Act) applied |
| Chinnayya v Ramayya | 1882 | Consideration can move from third party in India (unlike English law) |
Special and Modern Laws
POCSO Act 2012 (Protection of Children from Sexual Offences)
•Applies to all children under 18 years
•Penetrative sexual assault: minimum 20 years (Sec 4)
•Aggravated penetrative assault: minimum 20 years to life/death (Sec 6)
•Sexual assault: minimum 3 years (Sec 8)
•Special courts: POCSO cases tried in designated Special Courts
•Mandatory reporting (Sec 19): Any person aware of offence must report to SJPU/police
•Child-friendly procedures: camera trial, support person, no direct cross-examination
Prevention of Money Laundering Act 2002 (PMLA)
•Attaches and confiscates proceeds of crime
•Enforcement Directorate (ED) investigates
•Predicate offences listed in Schedule
•Burden of proof: on accused to prove property is not proceeds of crime
•Bail is extremely difficult — Sec 45 twin conditions (rarely satisfied)
Insolvency and Bankruptcy Code 2016 (IBC)
•Time-bound resolution: 180 days + 90 days extension
•Corporate Insolvency Resolution Process (CIRP) initiated before NCLT
•Resolution Professional manages company during CIRP
•Committee of Creditors approves resolution plan
•Waterfall: CIRP costs → secured creditors → workmen dues → unsecured creditors → equity
Right to Information Act 2005 (RTI)
•Any citizen can request information from public authority
•Response within 30 days (48 hours if life/liberty at stake)
•First Appeal to designated officer within 30 days
•Second Appeal to Central/State Information Commissioner within 90 days
•Exemptions: national security, cabinet papers, personal privacy, trade secrets (Sec 8)
•Public authority cannot deny information that cannot be denied in parliament
RERA 2016 (Real Estate Regulation and Development Act)
•Mandatory registration of real estate projects + agents
•Disclosure of project details, layout, land status, approvals
•Delayed possession: developer pays interest at SBI MCLR + 2%
•Defects liability: 5 years structural defects
•RERA Adjudicating Officer for compensation; RERA Authority for general complaints
•Appeals to RERA Appellate Tribunal → High Court