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..
The Supreme Court set aside the order of the High Court which was passed in favour of the Respondents and upheld the decision of the trial court. It was held that the current facts and circumstances raised grave concern over the genuineness over the ..
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..
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..
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 ..
The Supreme Court while observing that Section 16 of the Hindu Marriage Act, 1955 (herein referred to as the “Act”) declares that children of a void or voidable marriage as legitimate but expressly provides that they are entitled to claim only the pr..
The Court, while partly allowing the appeal of the Appellant, observed that according to theSection 20 of the Hindu Adoption and Maintenance Act,1956 read in conjunction with Hindu Laws relating to family, the mother has as much obligation to maintai..
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..
Upon hearing the parties to the case, the Court held that, Article 19(1)(g) does not entitle citizens to carry on trade or business in activities which are immoral and criminal and in articles or goods which are obnoxious and injurious to health, saf..
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 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..
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 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..
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