The Apex Court while citing O.VIII, R 5, C.P.C. which provides that every allegation of fact in the plaint, if not denied specifically or by necessary implication or stated to be not admitted in the pleading of the defendant,shall be taken to be admi..
After findings by the Court and a failure of the appellant to prove the claims of adultery by the respondent, and the fact that she was in a relationship before marriage is meaningless. The Court held that no such act of the respondent leads to a bel..
Upon hearing the parties, the Court upheld the HC’s decision and stated that, reciting prayers would be an essential part of the religion but using loudspeakers to recite is not necessary..
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 ..
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..
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..
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