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..
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 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..
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..
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..
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...
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’...
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 ..
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..
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..
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...
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..
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..
Upon hearing the parties, the Court held that, Koran is an object which comes within the phrase “objects held sacred by the religion under Section 295 IPC” therefore no action can be taken against it. Further, declaring the holy Koran as unconstitut..
The Apex Court while deliberating upon the concept of mental cruelty, examined a catena of cases observed that there cannot be any exhaustive definition of mental cruelty. “What is cruelty in one case may not amount to cruelty in other case.” Hence, ..
Article 22 deals with preventive detention and all laws passed under it or any action taken must be in conformity to the article. Article 21 also lays down restrictions on the power of preventive detention. TheSupreme Court in Maneka Gandhi. v. Union..
The High Court while deliberating upon various judgments under the English and Indian law on the point of insanity, ruled that the defence of insanity is not available against cruelty in most matrimonial cases. Even if the offending spouse is not cap..
Member Strength 9,47,927 and growing..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
