The court as upheld the right to life of an animal, on moral, ethical, biological and religious grounds. The court was of the view that animals cannot be torutured on the grounds of human pleasure...
Any act formulated must follow the proprtionality test and the Wednesbury principles in order to fall within the constitutional ambit of Article 14. The Act here is appropriate and necessary as per the proprtionality test and also reasonable, devoid ..
The court dismissed the petition accepting the above merits of the defendant, and looking into the brutality with which the crime was committed. The doctrine of proportionality was applied and within the purview of the Court martial, the sentence was..
The Court referred to the Supreme Court and elaborated that the expression “Armed Forces” has been used to include, non-combatants who though not subject to military law but are a part of the Armed Forces though Section 2 of the Act does not provide ..
There is no truth in The argument that the President has no authority under Article 123 to issue an order amending or modifying the tax laws, and that the order was beyond the president's legislative power under that clause. If Parliament has the pow..
The Court examined the Convention 162 of the International Labor Conference that provides arrangements for the betterment of workers. The Court requested that the "All Safety in the Use of Asbestos" guidelines and rules distributed by the Internation..
Finally, it was decided by the court that the fundamental right of press cannot be snatched, merely on the grounds of apprehension of danger. The court takes a narrow interpretation of the restrictions, in comparison to the freedoms enlisted in claus..
Considering the above principles the Court ordered that, no allocation under the Act is to be made before the needs of the persons who fall under the category of “weaker sections of the society” under Article 46 is fulfilled. The Court further held ..
Upon hearing the parties the Court held that, it is an accepted judicial principle that, fundamental rights are enforceable only against the State but in the present case the respondent Association is registered under the Trade Unions Act, 1926 and t..
Upon hearing the parties to the case the Court affirmed the view of the HC and held that, a complete exclusion of general public will amount to violation of Article 25 therefore the temple authorities may be permitted to exclude general public only i..
Kerala pastor John Valamatton requested a writ petition in 1997 stating that section 118 of the Indian Succession Act discriminated against Christians due to unreasonable restrictions on donating property for religious or charitable purposes by will...
Religion, which is not defined in the Constitution, cannot be determined by the judiciary either. In the light of the foundations of constitutional norms and the light presented by judicial precedent, we can say that religion is a matter of faith. Th..
It is most refreshing, most pleasing and most heartening to see that in a commendable, courageous and conscious decision, the Allahabad High Court in Uma Mittal & Ors. v. Union of India & Ors in Case – Writ – C No. – 40096 of 2019 delivered just rece..
The concept of autonomy of the judiciary may be a respectable concept which inspires the constitutional scheme and constitutes the foundation on which rests the edifice of our democratic nation. In case there's one guideline which runs through the wh..
An essential practice should be essentially religious in practice. It should be essentially religious in nature. If it is essentially religious in nature the state does not have any authority to comment on it or to regulate it, except, where there ar..
The court dismissed the appeal and held that the appellants no longer have claim to their right under Article 19 (1) (c) of the Constitution based on the arguments made by the Defendant...
The court allowed the appeal and held that since the convict did not complete 14 years of actual imprisonment, he is liable to complete the same...
This case was a notable decision because it keeps up the trust and faith of the individuals in the judiciary, as in this case, "Equity and justice has overcome religion". This claim was breakthrough point in legal history because it was bold, strong,..
The Preamble to the Constitution of India proclaims that India is a secular democratic republic. Article 15 in Part III of the Constitution, which gives for fundamental rights, suspends the State from discriminating against any citizens on the ground..
Upon hearing the parties, the Court directed the district judge to hold an inquiry. Later when the reports of the inquiry were submitted it was known that the injuries in the petitioner’s son’s body was due to merciless beatings and was not caused b..
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