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Constitutional Law Judiciary

Whether the Auroville Emergency Provision Act 1980 violates the provisions of the Constitution of India

 08 July 2020

Religion, which is not defined in the Constitution, cannot be determined by the judiciary either. In the light of the foundations of constitutional norms and the light presented by judicial precedent, we can say that religion is a matter of faith. Th..

Posted in Constitutional Law |   294 hits

Whether civilian employees of the Defense have the right to form trade unions as under Article 19(1) of the Constitution

 07 July 2020

The court dismissed the appeal and held that the appellants no longer have claim to their right under Article 19 (1) (c) of the Constitution based on the arguments made by the Defendant...

Posted in Constitutional Law |   198 hits

Whether damages should be paid to a victim for violation fundamental right under Article 21 of the Constitution

 07 July 2020

Upon hearing the parties, the Court directed the district judge to hold an inquiry. Later when the reports of the inquiry were submitted it was known that the injuries in the petitioner’s son’s body was due to merciless beatings and was not caused b..

Posted in Constitutional Law |   246 hits

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 |   497 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 |   371 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 |   762 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 |   552 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 |   326 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 |   361 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 |   244 hits

Whether reservation for SC/ST in promotion under Article 16 which gives equality of opportunity in Public employment is constitutionally valid

 01 July 2020

Upon hearing the parties to the case, the Court held that, the amendments made under Article 16 do not affect the basic structure as it aims only in upbringing of socially and economically backward classes of the society. Further the provision is to..

Posted in Constitutional Law |   252 hits

Constitutional requirements have to be satisfied while issuing an order for phone tapping

 30 June 2020

The Supreme Court while affirming the infringement of Right to Privacy via phone tapping laid down several guidelines for the exercise of the Executive’s surveillance. It was laid down that the home secretary of the Union government or the State gove..

Posted in Constitutional Law |   216 hits

Can the petitioner pray before the court for compensation under Article 32 of the Indian Constitution

 30 June 2020

The court after taking into consideration the harm caused to the petitioner by the Government of Bihar, as an interim measure, ordered the State to pay the petitioner Rs. 30,000. The court held that the petitioner has the right to move to court for r..

Posted in Constitutional Law |   221 hits

Whether section 497 of IPC and section 198 of CrPC stands constitutionally valid

 27 June 2020

Upon hearing the parties to the case, the Court held that, a prima facie sex based discrimination is made out under section 497 IPC therefore it is liable to be struck down as unconstitutional. Further, the Court clarified that, inclusion of woman a..

Posted in Constitutional Law |   370 hits

Whether clauses 1 and 2 to section 198 of CrPC stands constitutionally valid

 27 June 2020

Upon hearing the parties, the Court held that, the intent behind such provisions is only to promote “social good” in a matrimonial tie. Instead of suing each other on the grounds of adultery the couple can either break the matrimonial tie forever or..

Posted in Constitutional Law |   264 hits

Whether the respondent University fall within the ambit of State under Article 12 of the Indian Constitution

 27 June 2020

Upon hearing the parties the Court held that, it would not be proper to direct the appellants at this stage to approach the Tribunal to get the case decided on merits, therefore the Court sent back the case to the Division Bench to decide the case on..

Posted in Constitutional Law |   374 hits

Whether sections 175(1)(q) and 177(1) of the Haryana Panchayati Raj Act, 1994 stands constitutionally valid

 27 June 2020

Upon hearing the parties to the case, the Court held that, sections 175(1)(q) and 177(1) of the Haryana Panchayati Raj Act, 1994 are constitutionally valid, therefore the petitions which challenged the validity of the said provisions are liable to be..

Posted in Constitutional Law |   269 hits

Kerala animals and bird sacrifices prohibition act, 1968: Constitutionally valid

 27 June 2020

The court did acknowledge the fact the, the permitting of other religions to sacrifice does case discrimination, but with regard to the same petitioners stated that such an argument was not prioritized by them...

Posted in Constitutional Law |   260 hits

The Supreme Court held that a fundamental right to privacy is guaranteed under the Constitution of India

 26 June 2020

The nine-judge bench of the Supreme Court unanimously recognized that the Constitution guaranteed the right to privacy as an intrinsic part of the right to life and personal liberty under Article 21. The Court overruled M.P. Sharma, and Kharak Singh ..

Posted in Constitutional Law |   373 hits

Petition dismissed, Ratlam Court had the jurisdiction to entertain the suit

 25 June 2020

The Court held that the Contracts over the telephone are treated similar in principle to those contracted by the parties in the physical presence of one other. An oral offer is made and an oral acceptance is to be completed in both cases. It is essen..

Posted in Constitutional Law |   337 hits






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