Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Constitutional Law Judiciary

Whether a petition for nullity of marriage is maintainable even after death of one spouse u/s 11 (before amendment) of Hindu Marriage Act, 1955

 10 September 2020

The Supreme Court dismissed the appeal. The present proceeding was started in 1974. It was held that an application u/s 11 before amendment, 1976 is maintainable even after the death of the other party. ..

Posted in Constitutional Law |   382 hits

What is the meaning of solemnization of marriage for application of Section 17 of HMA,1955

 10 September 2020

The Supreme Court allowed the appeal. The essential ceremonies required for the valid marriage under the custom were not performed for the second marriage. ..

Posted in Constitutional Law |   353 hits

What is the requisites to prove 'cruelty' to invoke Section 13(1)(i-a) of Hindu Marriage Act,1955

 10 September 2020

The Supreme Court allowed the appeal & gave ex-parte order in absence of respondent. It set aside the decree of judicial separation as no case can be made for mental cruelty on the basis of mere domestic quarrels. ..

Posted in Constitutional Law |   216 hits

Pension A 'Property' U/Article 300 & A Fundamental Right To Livelihood U/Article 21

 31 August 2020

It is quite remarkable, most reassuring and so refreshing to note that the Nagpur Bench of Bombay High Court just recently on August 20, 2020 in a latest, landmark and laudable judgment titled Shri Naini Gopal Vs The Union of India and Ors. in Case..

Posted in Constitutional Law |   313 hits

Confidentiality of communications under Section 126 extends to the pleaders as well under Section 127

 23 July 2020

The Court held that the evidence of the pleaders was inadmissible because it involved the disclosure of privilege information and communication, the disclosure of which is incorrect. The evidence is therefore rightfully excluded on the part of the Ma..

Posted in Constitutional Law |   352 hits

Section 132 only protects the accused in the case where he is compelled to answer a question and not where the accused voluntarily answers

 23 July 2020

As per the dissenting opinion of Justice Birchwood, section 132 of the Indian Evidence Act read with section 14 of the Indian Oaths’ Act, compels a witness to answer criminating questions and he is protected by the proviso to section 132 from crimina..

Posted in Constitutional Law |   389 hits

Section 13- Lakshmidhar Misra v. Rangalal

 16 July 2020

Hearing the parties to the case the Court held that, the villagers have acquired a customary right to carry on creamation activities in the disputed land. Therefore, the building works commenced in the disputed land must be stopped and removed compl..

Posted in Constitutional Law |   370 hits

Section 12- Shaikh Gafoor S/O Shaikh Lal vs State of Maharashtra And Ors

 16 July 2020

Upon verifying the documents submitted by either party to the case, the Court held that, the plaintiff was earning about Rs. 20,000 per acre approximately per annum. Therefore Rs. 1,20,000 is to be paid as damages by the respondents to the plaintiff ..

Posted in Constitutional Law |   1227 hits

Re-investigation under article 226 and s.482 CrPC

 13 July 2020

Courts may monitor an investigation into an offence when it is satisfied that either the investigation is not being proceeded with or is being influenced by interested persons. Thereby the appeals in this matter was dismissed..

Posted in Constitutional Law |   480 hits

Whether the State and Medical Practitioners have a legal obligation to save lives under Article 21 of the Constitution

 11 July 2020

The petitioners contended that, Article 21 not only guarantees right to life to the citizens but also cast an obligation upon the State to protect the same. Further the Code of medical ethics also specifies the Practitioners to take all measures to ..

Posted in Constitutional Law |   353 hits

Whether right to sexual orientation is a part of Article 21 of the Constitution

 10 July 2020

Upon hearing the parties, the Court held that, sexual orientation is inextricable facet of Article 21 and thus it cannot be violated. The Court also gave directions for the recognition of the transgender community. Some of the notable directions in..

Posted in Constitutional Law |   416 hits

Difference between constitutional morality and public morality

 10 July 2020

Upon hearing the parties the Court held that, section 377 grossly violated right to dignified life, privacy, equality and hence unconstitutional. ..

Posted in Constitutional Law |   292 hits

Gender equality in succession

 09 July 2020

The Court decided that the exclusive right of male succession included in sections 7 and 8 of the Act must be suspended so long as the right of livelihood of the female descendants of the last male holder continues...

Posted in Constitutional Law |   375 hits

What constitutes a reasonable restriction under Article 19(6) of the Constitution

 09 July 2020

The petitioners contended that, the Act unreasonably restrains them from manufacturing Bidis during the agricultural season. The provisions do not have a rational nexus with the object sought to be achieved by the legislation in question. The objec..

Posted in Constitutional Law |   343 hits

What constitutes a substantial question of law under Article 133 of the Constitution

 09 July 2020

The Court upon hearing the parties held that, that the case involved a substantial question of lawand the appellants were entitled to the certificate as of right. A substantial question of law is one which is of general public importance or which dir..

Posted in Constitutional Law |   468 hits

Whether the workers' right to health and medical aid a fundamental right guaranteed under Article 21 of the Constitution

 09 July 2020

The Court examined the Convention 162 of the International Labor Conference that provides arrangements for the betterment of workers. The Court requested that the "All Safety in the Use of Asbestos" guidelines and rules distributed by the Internation..

Posted in Constitutional Law |   232 hits

Whether the certain provisions of Special Bearer Bonds (Immunities and Exception) Act, 1981 violate the provisions of the constitution of India

 09 July 2020

There is no truth in The argument that the President has no authority under Article 123 to issue an order amending or modifying the tax laws, and that the order was beyond the president's legislative power under that clause. If Parliament has the pow..

Posted in Constitutional Law |   112 hits

Whether the workers' right to health and medical aid a fundamental right guaranteed under Article 21 of the Constitution

 09 July 2020

The Court examined the Convention 162 of the International Labor Conference that provides arrangements for the betterment of workers. The Court requested that the "All Safety in the Use of Asbestos" guidelines and rules distributed by the Internation..

Posted in Constitutional Law |   121 hits

Whether the right to shelter is a fundamental right under Article 21 of the Constitution

 08 July 2020

Considering the above principles the Court ordered that, no allocation under the Act is to be made before the needs of the persons who fall under the category of “weaker sections of the society” under Article 46 is fulfilled. The Court further held ..

Posted in Constitutional Law |   220 hits

Whether section 118 of The Indian Succession Act, 1925 violates Article 14 and Article 15 of the constitution of India

 08 July 2020

Kerala pastor John Valamatton requested a writ petition in 1997 stating that section 118 of the Indian Succession Act discriminated against Christians due to unreasonable restrictions on donating property for religious or charitable purposes by will...

Posted in Constitutional Law |   805 hits






LCI Learning Hindu Laws


Latest Judgments


More »


Post a Suggestion for LCI Team
Post a Legal Query