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Documents citing Suresh Kumar Koushal & Anr vs Naz Foundation & Ors on 11 December, 2013

Dr. Kirti Bhushan Mishra vs State Of Uttarakhand And Another on 19 July, 2024

268.18. The decision in Suresh Koushal (Suresh Kumar Koushal v. Naz Foundation, (2014) 1 SCC 1 : (2013) 4 SCC (Cri) 1), not being in consonance with what we have stated hereinabove, is overruled. ................................................................................. .................................................................................
Uttarakhand High Court Cites 35 - Cited by 0 - R Maithani - Full Document

Vijay Kumar & Ors. vs The State Tf Rajasthai & Ors. on 8 April, 2015

25. If at all, the relief claimed in the present writ petition is to be extended to the petitioners, the provisions of Rules 283, 284, 285, 286, 287 & 288 would have to be read down so as to include the Patwaries, Colonisation Department in the language and ambit thereof. The Hon'ble Supreme Court considered the powers and jurisdiction of the Court to read down the provisions of a statutory provision in the case of Suresh Kumar Koushal & Anr. Vs. Naz Foundation & Ors. reported in (2014)1 SCC 1 and observed as below:-
Rajasthan High Court - Jodhpur Cites 19 - Cited by 4 - S Mehta - Full Document

Nimeshbhai Bharatbhai Desai vs State Of Gujarat on 2 April, 2018

The appellants rely on paras 21, 22, 50, 74 and 94 of the judgment of the Division Bench of the Delhi High Court in Suresh Kumar Koushal v. Naz Foundation which records evidence of various instances of the use of Section 377 to harass members of the LGBT community. These were based on paras 33 and 35 of the Writ Petition filed by the Naz Foundation challenging the vires of Section 377.
Gujarat High Court Cites 131 - Cited by 5 - J B Pardiwala - Full Document

Navtej Singh Johar vs Union Of India Ministry Of Law And ... on 8 January, 2018

It is necessary to note, in the course of hearing on a query being made and Mr.Datar very fairly stated that he does not intend to challenge that part of Section 377 which relates to carnal intercourse with animals and that apart, he confines to consenting acts between two adults. As far as the first aspect is concerned, that is absolutely beyond debate. As far as the second aspect is concerned, that needs to be debated. The consent between two adults has to be the primary pre-condition. Otherwise the children would become prey, and protection of the children in all spheres has to be guarded and protected. Taking all the apsects in a cumulative manner, we are of the view, the decision in Suresh Kumar Kaushal's case (supra) requires re-consideration. As the question relates to constitutional issues, we think it appropriate to refer the matter to a larger Bench.
Supreme Court - Daily Orders Cites 10 - Cited by 1 - Full Document

Manish Sahu vs The State Of Madhya Pradesh on 1 May, 2024

618.2. Members of the LGBT community are entitled, as all other citizens, to the full range of constitutional rights including the liberties protected by the Constitution; 618.3. The choice of whom to partner, the ability to find fulfilment in sexual intimacies and the right not to be subjected to discriminatory behaviour are intrinsic to the constitutional protection of sexual orientation; 618.4. Members of the LGBT community are entitled to the benefit of an equal citizenship, without discrimination, and to the equal protection of law; and Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 01-May-24 4:58:52 PM 12 M.Cr.C. No.8388/2023 618.5. The decision in Koushal [Suresh Kumar Koushal v. Naz Foundation, (2014) 1 SCC 1 :
Madhya Pradesh High Court Cites 10 - Cited by 0 - G S Ahluwalia - Full Document
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