Double Jeopardy under article 20(2) of the Constitution

 06 July 2020

Double jeopardy is a procedural guard that anticipates a charged person from being tried once more on the same (or similar) charges and on the same facts, following a valid acquittal or conviction. Only certain sorts of criminal cases qualify for dou

Posted in Constitutional Law |    0 comments |   12 hits


Whether the respondent suffered double jeopardy at the hands of the Haryana Roadways Department

 04 July 2020

Double jeopardy is a procedural guard that anticipates a charged person from being tried once more on the same (or similar) charges and on the same facts, following a valid acquittal or conviction. Only certain sorts of criminal cases qualify for dou

Posted in Others |    0 comments |   80 hits


Whether the tanneries ought to be permitted to proceed to function at the cost of lives of lakhs of people

 04 July 2020

The Apex Court delivered its judgment making all endeavors to preserve harmony between environment and development. The Court conceded that these Tanneries in India are the major foreign trade earner and additionally give business to many individuals

Posted in Others |    0 comments |   84 hits


Whether publishing an autobiography amount to violation of privacy

 04 July 2020

Upon hearing the parties, the Court held that, mere fear ofofficials cannot restrict the freedom of press under Article 19(1)(a) of the Constitution. If such false allegations were contained in the book let the book be published and then the officia

Posted in Constitutional Law |    0 comments |   96 hits


Whether the International Airport Authority is State under Article 12 of the Indian Constitution

 04 July 2020

Upon hearing the parties to the case, the Court held that, the first question to be considered is whether the respondent is State within the meaning of Article 12 of the Constitution. This question comes into picture to determine the maintainability

Posted in Constitutional Law |    0 comments |   79 hits


India entitled to compensation in the Enrica Lexie Case: Permanent court of arbitration

 04 July 2020

On 2nd July, the tribunal held that Italy has acted in breach of the Article87(1)(a), and Article 90 of the United Nations Convention for the Law of the Sea and that India is entitled to payment of compensation.

Posted in Others |    0 comments |   76 hits


Reservations cannot be applied in promotions

 03 July 2020

The court recognised article 14 as one of the basic features of the constitution which provides both -equality before the law- and -equal protection of the laws-.

Posted in Others |    0 comments |   126 hits


Need of a Uniform Civil Code

 03 July 2020

The Doctrine of Indissolubility under Hindu Law which means that changing of religion does not automatically dissolve the marriage done under the said act. Marriage done under one personal law cannot be dissolved by another personal law just because

Posted in Others |    0 comments |   118 hits


Procedure established by law must fulfill fairness, reasonableness and justness

 03 July 2020

The Court referred to the Bachan Singh case and said that the test for the application of Article 19 is not whether a law is a penal law or not. Indeed, the test is whether the law penalises an activity protected by Article 19. If it does, its validi

Posted in Others |    0 comments |   118 hits


Fundamental rights of Arrestee

 02 July 2020

The Supreme Court laid down the process/ certain basic requirementsto be followed in all cases of arrest or detention till legal provisions are made in that behalf as a measure to prevent custodial violence.

Posted in Constitutional Law |    0 comments |   146 hits


Procedure established by law must fulfil fairness, reasonableness and justness

 02 July 2020

The Supreme Court held that under Article 21 the term -procedure established by law- meant that the procedure as laid down in the law and enacted by the legislature and nothing more. A person could be deprived of his life and personal liberty by proc

Posted in Others |    0 comments |   126 hits


The CEHAT Case

 02 July 2020

The judgment presents a rather harsh reality of the Indian Society. The court saw that different states like Gujarat and Maharashtra, in spite of doing great financially, were positioned among all time low under sex-ratio.

Posted in Others |    0 comments |   71 hits


Differentiation between a moral obligation and a lawful code

 02 July 2020

This present case's pertinence is clear from the way that its decision has been incorporated as a provision in the HIV and AIDS (Prevention and Control) Act, 20176. Further decisions of the current provisions would assist in tossing light on the vari

Posted in Others |    0 comments |   97 hits


Deed was executed out of love and affection not subject to undue influence

 02 July 2020

The Supreme Court allowed the appeal and held that there was no presumption of undue influence being used in this case. In case it was to be proved, the burden lies on the person who is in a position of power to influence the executor. The deed was e

Posted in Others |    0 comments |   73 hits


Deed declared invalid on based on the question of authenticity

 02 July 2020

The Supreme Court set aside the order of the High Court which was passed in favour of the Respondents and upheld the decision of the trial court. It was held that the current facts and circumstances raised grave concern over the genuineness over the

Posted in Taxation |    0 comments |   77 hits


Rights of animals under the Constitution

 02 July 2020

Upon hearing the parties to the case, the Court held that, the Board was right in its stand as Jallikattu and Bullock-cart race violates the provisions of PCA and causes grave cruelty to bulls. The Court directed Parliament to make necessary amendmen

Posted in Constitutional Law |    0 comments |   73 hits


Whether section 303 of the Indian Penal Code is constitutionally valid

 02 July 2020

Upon hearing the parties, the Court held that, section 303 IPC makes an unreasonable classification of persons who commit murder when under life sentence and persons who commit murder when not under life sentence as the resultant act is the same in b

Posted in Constitutional Law |    0 comments |   40 hits


Whether classification on the basis of backward class and more backward class is violative of Article 14 and 15 of the Constitution

 02 July 2020

Upon hearing the parties to the case, the Court held that,it is an accepted fact that, Article 15(1) prohibits discrimination on the basis of caste alone. But when a classification is made for the welfare of socially and economically backward class

Posted in Constitutional Law |    0 comments |   43 hits


Child born out of void/voidable marriage is innocent and is entitled to all rights which are given to other children born in valid marriage

 02 July 2020

The Supreme Court while observing that Section 16 of the Hindu Marriage Act, 1955 (herein referred to as the -Act-) declares that children of a void or voidable marriage as legitimate but expressly provides that they are entitled to claim only the pr

Posted in Family Law |    0 comments |   42 hits


Where both parents of a minor child are employed, they are obliged to pay maintenance in proportion of their salaries

 02 July 2020

The Court, while partly allowing the appeal of the Appellant, observed that according to theSection 20 of the Hindu Adoption and Maintenance Act,1956 read in conjunction with Hindu Laws relating to family, the mother has as much obligation to maintai

Posted in Family Law |    0 comments |   25 hits






Updated on : 06/07/2020 16:50:03





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