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...
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..
It is most refreshing, most pleasing and most heartening to see that in a commendable, courageous and conscious decision, the Allahabad High Court in Uma Mittal & Ors. v. Union of India & Ors in Case – Writ – C No. – 40096 of 2019 delivered just rece..
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 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...
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..
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..
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..
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..
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..
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..
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..
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...
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