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..
The verdict of the Supreme Court concluded that the power of the President to dismiss a State government is not absolute. Further, the President should exercise the power only after his proclamation is approved by both Houses of Parliament. Until the..
The court held that the promotion of petitioner as Chief Secretary was only in an acting or officiating capacity and not in a substantive capacity.It was held that the addition of the post in the Indian Administrative Service Cadre of Tamil Nadu Stat..
The activist on Friday moved the Kerala High Court seeking anticipatory bail and has alleged that the complaint against her was because of religious and political rivalry and also added that her actions were part of the freedom of an individual. ..
Upon hearing the parties to the case, the Court held that, any person who has vivid knowledge about the vedas and all other sacred documents and sufficient experience can become a priest. Further caste/community cannot be a criterion to decide his e..
The court observed that right to life also includes the right to livelihood. “The sweep of the right to life conferred by Art. 21 is wide and far-reaching... That, which alone makes it possible to live, leave aside what makes life liveable, must be d..
The five-judge Constitutional Bench had held that “Right to Life” under Article 21 of Indian Constitution does not include the “Right to Die” or “right to be killed”. ..
The Court held that the International Law that the remedy for breach of International Law can’t be found in Municipal Courts. The reason behind this is that for enforceability of international law it must first take the form of Municipal Law. It was ..
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 ..
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..
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...
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