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..
Upon hearing the parties the Court held that, section 377 grossly violated right to dignified life, privacy, equality and hence unconstitutional. ..
The Court found the wedding bond between the parties to be destroyed beyond repair. Public interest and interest of all concerned lie in the acknowledgment of this reality and to proclaim defunct de jure what is already defunct de facto...
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 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...
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..
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..
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..
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 ..
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..
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..
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..
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 ..
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..
Upon hearing the parties to the case the Court affirmed the view of the HC and held that, a complete exclusion of general public will amount to violation of Article 25 therefore the temple authorities may be permitted to exclude general public only i..
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