Clause (1) of Article 254 speaks about over-riding effect of a law made by Parliament which the Parliament is competent to enact. Same is the position in respect of a provision of existing law with respect of one of the matters enumerated in co..
Right to fly the National Flag freely with respect and dignity is a fundamental right of a citizen within the meaning of Article 19(1) (a) of the Constitution of India being an expression and manifestation of his allegiance and feelings and sentiment..
Issuance of mandamus to the U.P. state to set up a human rights commission in the state as well as designate a sessions' court in every district as a human rights court under the protection of human rights act. ..
The Supreme Court has identified the powers of appellate courts while dealing with an appeal against an order of acquittal thus: - 1. An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acqui..
Brief : : SC held the resolution passed by the Standing Committee of the Municipal Corporation of Ahemdabad in relation to closure of slaughter house during Paryushan festival of Jain is valid is law. ..
Public Interest Litigation - Locus Standi to file Petition - Disclosure of Source of Documents - Service Matters - Guidelines ..
It was agreed to by the petitioner only on the representation made by the alleged contemnors that they would furnish a bank guarantee provided an order is passed in that behalf by the learned Arbitrator - The fact that the learne..
Once it is found that all the procedural requirements have been complied with, the Courts would not ordinarily interfere with the quantum of punishment imposed upon a delinquent employee. The Superior Courts only in some cases may invoke the d..
it is clear that for the purpose of deciding whether facts averred by the petitionerappellant, would or would not constitute a part of cause of action, one has to consider whether such fact constitutes a material, essential, or integral part of the ..
The doctrine of legitimate expectation based on established practice (as contrasted from legitimate expectation based on a promise), can be invoked only by someone who has dealings or transactions or negotiations with an authority, on which such esta..
Since the High Court has not applied its mind to the challenge raised and has erroneously referred to the 9th Schedule to the Constitution, it would be appropriate to set aside the impugned order of the High Court and remit the matter to it f..