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Judgments and Orders

Power of the parliament to amend the constitution is limited by the constitution

 23 June 2020

Petitioner No 1 which is a limited company owned a textile undertaking called Minerva Mills situated in the State of Karnataka. This sick textile mill was nationalised and taken over by the Central Government under the provisions of the Sick Textile ..

Posted in Constitutional Law |   694 hits

Creation of a Basic Structure: Fundamental Rights may be amended by the Parliament. But not all of them

 23 June 2020

To what extent could the Constitution be amended after the passage of the 24th Amendment? Whether the ‘power’ (no longer merely the procedure) to amend the Constitution was subject to any restrictions, implied or express, after the 24th amendment...

Posted in Constitutional Law |   601 hits

All laws added after the Keshavnanda Bharati decision could be examined on grounds of violation of Articles 14, 19 and 31

 23 June 2020

Chandrachud, J held that in a sense, the relationship between fundamental rights and directive principles can be understood as the inherent tension between a dynamic objective (the just society contemplated by the Fundamental Rights) and a static and..

Posted in Constitutional Law |   657 hits

Case Analysis of: Fatma Bibi Ahmed Patel vs. State of Gujarat and Ors.

 23 June 2020

Section 188 CrPC deals with offences committed outside India. In the present case it was held by the Supreme Court that if the accused is not an Indian citizen and the crime committed overseas, then none of the conditions given under Section 4 of the..

Posted in Others |   9307 hits

39th Amendment was held unconstitutional as it did away with judicial review

 22 June 2020

The clause (4) of Article 329A was struck down on the ground that it violates the principle of free and fair elections which is an essential postulate of democracy and which in its turn is a part of the basic structure of the Constitution..

Posted in Constitutional Law |   1395 hits

Court cannot be deprived of their power of judicial review

 22 June 2020

The Supreme Court unanimously held that amendments adding new laws in 9th Schedule after Keshavnanda judgment in 1973 were subject to basic structure requirement but fundamental rights especially Articles 14, 15, 19 and 21 are parts of basic structur..

Posted in Others |   674 hits

Whether husband entitled to pay maintenance even if wife is well educated

 22 June 2020

The Supreme Court held that the husband is entitled to pay maintenance even if the wife is well educated and enhanced the maintenance amount to Rs.25,000...

Posted in Family Law |   2005 hits

Whether estranged wife or live-in-partner can claim maintenance under the Domestic Violence Act

 22 June 2020

The court held that maintenance can be claimed under the provisions of the Protection of Women from Domestic Violence Act, 2005 (Domestic Violence Act) even if the claimant is not a legally wedded wife and therefore not entitled to claim of maintenan..

Posted in Family Law |   702 hits

Fair dealing u/s 52 of the copyright act

 22 June 2020

The present case deals with the defence of fair dealing available under Section 52 of the Copyright Act. The court has gone further and summarized the broad principles of law on “ fair dealing” enunciated in various judgments...

Posted in Others |   3668 hits

Can non-citizens claim rights under Article 14 and 21 of Constitution of India

 22 June 2020

The court held that; railway is a commercial activity and by establishing Yatri Niwas to provide housing and living facilities to passengers on charges is a part of the commercial activity of the Union of India and it can’t be equated with Sovereign ..

Posted in Constitutional Law |   862 hits

Whether exclusion of judicial review under Article 226 of the Constitution amounts to violation of basic structure doctrine

 22 June 2020

The Court in the present case reiterated the principle that basic structure of the Constitution is beyond the amending powers of the Parliament...

Posted in Others |   764 hits

Whether speedy trial is a part of Article 21 of the Indian Constitution

 22 June 2020

Being accused of an offence just because of suspicion or due to false claims and being denied access to speedy justice undermines the existence of an individual. Hence the Court considering the fact that, justice delayed is justice denied made speed..

Posted in Constitutional Law |   801 hits

Whether the term law under Article 13 includes amendments made to the Constitution?

 22 June 2020

The Court by upholding the validity of the Constitution (Seventeenth Amendment) Act,1964 held that the Parliament has complete authority to amend all parts of the Constitution including the Fundamental rights. However, this decision of the SC was ov..

Posted in Others |   951 hits

Union of India and Insurance Company not held liable as plaintiff failed to prove loss

 22 June 2020

The court held that the plea had been raised on the wrong impressions under Disabled Persons Act. The Indian railways stand not liable on the basis of contract which was admittedly made with a foreign railway. The burden of proving that the car was l..

Posted in Others |   708 hits

The obligations under the agreement are to be performed by parties

 22 June 2020

The court held that the contentions of the defendant do not appear to be correct in the facts of the present case. The contract in itself had indicated the terms in which the respective obligations were to be performed by the parties. The court provi..

Posted in Others |   1911 hits

Version recordings: Original musical work or not?

 22 June 2020

The present case revolves around the issue whether version recordings protected under Section 52(1)(j) can be considered as original musical work...

Posted in Others |   2524 hits

Making of version recording under section 52(1)(j)

 22 June 2020

Cover versions refer to a sound recording made following Section 31C of the Copyright Act. The provision was added to the Act by the 2012 amendment. Before the 2012 amendment, making cover versions was permitted under Section 52(1)(j). The 2012 amend..

Posted in Others |   3026 hits

Whether Tandava dance performed by the Ananda Marga group in streets forms an essential religious practice under Article 25 of the Constitution of India

 22 June 2020

The rights guaranteed under Articles 25 and 26 are always subject to public order, morality and health. Since Tandava dance performed by the petitioner’s group in the present case was against public order and morality the Court obstructed their perf..

Posted in Others |   5128 hits

Right to profess practice propagate religious believes guaranteed under Article 25 of the Indian Constitution

 22 June 2020

Not all religious practices are obligatory only those which form the core principle of the religion becomes obligatory in nature. And only such practices are given protection under Article 25 of the Constitution. ..

Posted in Others |   1057 hits

Whether exclusion of judicial review under Article 226 of the Constitution amounts to violation of basic structure doctrine

 22 June 2020

Though the Court upheld the validity of Article 323A and various provisions of the Administrative tribunals Act in Sampath Kumar v. Union of India, the decision was overruled by the SC in the case of L. Chandra Kumar v. Union of India holding that, j..

Posted in Others |   485 hits