The court by a majority of 4 to 1 held that in light of the presidential, no person has the right to make an application under Article 226 of the constitution in superior court for habeas corpus or any other order that contest the lawfulness of an ar..
In the present case, the parties had no intention to take delivery of the goods but were only dealing with price differences such that they mutually intended the transaction to be of wagering nature. Although wagers are void u/s 30 of ICA but cannot ..
Where a fiduciary or quasi fiduciary relationship has been established, the burden of sustaining the transaction is set upon the party which is going to benefit from it to show that the transaction was of an unobjectionable nature as per s111 of the ..
The Division bench of the High Court observed that a party will be in law deemed to be impotent, if he/she is incapable of consummation due to partial or imperfect intercourse. The party alleging impotency has the burden to prove that the husband was..
Upon hearing the parties to the case, the Court held that, the exclusionary practice is violative of fundamental rights under Articles 14,15, 17 and 25. Further, the Court went on to say that, Exclusionary practices are contrary to constitutional mor..
Upon hearing the parties to the case, the Court held that, the victim’s pregnancy may not be terminated without her consent as it may not be in her best interest. However, considering her mental health which may be affected due to the biological cha..
The nine-judge bench of the Supreme Court unanimously recognized that the Constitution guaranteed the right to privacy as an intrinsic part of the right to life and personal liberty under Article 21. The Court overruled M.P. Sharma, and Kharak Singh ..
The Court invalidated Section 66A of IT Act in its entirety as it violated the right to freedom of expression guaranteed under Article 19(1)(a) of the Constitution of India...
In the opinion of the court, the Plaintiff had substantially fulfilled the terms of the contract. There was an open offer to the whole world on behalf of the Defendant through the handbill and was also capable of getting an acceptance from any person..
The Court held that the Contracts over the telephone are treated similar in principle to those contracted by the parties in the physical presence of one other. An oral offer is made and an oral acceptance is to be completed in both cases. It is essen..
Section 52(1)(i) is the educational exception in the Copyright Act which permits reproduction of copyrighted works in the course of instruction. In the present case, the court held that photocopying qualifies as the reproduction of the work by a teac..
It can be concluded from the present judgment that no protection is afforded to the ideas, plots or themes under the Copyright Act, 1957. Therefore, ideas, plots or themes are not a subject matter of copyright law...
Due to the massive number to child laborers in Sivakasi firework industries, the petitioner filed a PIL under Article 32 of the Constitution...
Due to the existence of same question of law the Court combined two petitions to decide the constitutional validity of section 309 IPC. The petition was preferred by the petitioner when one Mr. Nagbhushan was charged under section 309 IPC. ..
The judgment revolves around the question of whether right to die with dignity is a part of Article 21 of the Constitution? The Court further moves on to discuss the validity of execution of living will. ..
It was held that classification in the Communal G.O. is on the ground of religion, race and caste. The classification in the Communal G.O. is in abuse of the Constitution and it is a clear violation of the fundamental rights under article 29(2). It w..
The Supreme Court said that Article 21 could be invoked only upon a complete deprivation and not upon restriction of movement. The SC said that word ‘law’ in Article 21 could not mean rules of natural justice. These rules were vague and ambiguous and..
The Supreme Court laid down the process/ certain basic requirements to be followed in all cases of arrest or detention till legal provisions are made in that behalf as a measure to prevent custodial violence...
Before the judgment, there was no structured formulation to grant compensation in case of custodial deaths. There were numerous cases where no or very little compensation was granted in such cases. The decision in Nilabati Behara v. the State of Oris..
Honour killing is a social evil that undermines the development of a society. Judicial pronouncements as in the present case and penal laws acts as a tool to evict such evils from the society. ..
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