constitutional law

The Right To Be Represented By Counsel Is Guaranteed Under Article 21

KEY TAKEAWAYS The case in reference is Subedarv. State of State of Uttar Pradesh [CRIMINAL APPEAL NO. 886 of 2020] The decisionin the case was pronounced by Justice U.U Lalit, Vineet Saran, S. Ravindra Bhat. It is a criminal appeal and the..

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Kerala High Court on 357A


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HC's Power Under Article 226/227 To Interfere With Arbitration Process And Recent News Related To It

POWERS OF COURT UNDER ARTICLE 226 The article deals with the power of High Courts to issue certain writs notwithstanding anything in Article 32. The court is authorised to entertain these types of writs- Habeas Corpus, Mandamus, Prohibition, Quo warranto, Certiorari. <li ..

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SC: Facts Of Amicable Settlement Can Be A Relevant Factor For Purpose Of Reduction In The Quantum Of Sentence

OVERVIEW &middot; The three-judge bench of Supreme Court comprised of Justice NV Ramana, Justice Surya Kant and Justice Aniruddha Bose, who gave this climacteric judgement. &middot; The judgement upholds the conviction of the two accus..

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A Brief Review on Right To Trade and Profession under Article 19 1G

Article 19 (1) (g) of the Constitution empowers every citizen of this country to have the vested Right to Trade or Business. This right is subject to certain reasonable restrictions. E.g. to commence any trade or business obtaining a&nbsp;license from government authorities is a must. This restriction should be reasonable. This was affirmed by the&nbsp;Supreme court..

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Fundamental right to change your name

KEY TAKEAWAYS The Allahabad High Court recently observed that a person&#39;s name is an expression included under Article 19(1) Right to Freedom of Speech and Expression It observed, that changing name, being a fundamental right cannot be curtailed by any rules which do not have..

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Special Advisory Jurisdiction Of Supreme Court in India

SYNOPSIS The Special Advisory Jurisdiction has been conferred upon the Supreme Court through Article 143 of the Constitution. In accordance with it, the President may, at any point of time, seek opinion, from the Supreme Court, in form of an advice, on such matters which, he think..

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Status Of Law Commission Reports Related To Ministry Of Law & Justice, Department Of Legal Affairs

Two reports are related to the Department of Legal Affairs (Implementation Cell) as under Report No.184 was submitted under the Sixteenth Law Commission headed by Chairman: Mr. Justice B. P. Jeevan Reddy (2000-2001) and Chairman Mr. Justice Jagannadha Rao (2002-2003) on &quot;The Legal Education &amp; Professional Training an..

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Plea Filed In Supreme Court Challenging Legal Recognition Of Bigamy Among Muslims

SUMMARY Advocate Vishnu Shankar Jain on the behalf of five individualshas filed petition in the Supreme Court for striking down Section 494 of the Indian Penal Code, 1860 seeking declaration of bigamy as unconstitutional for all religions. It has also praye..

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Article 32 Is An Important And Integral Part Of Basic Structure Of Constitution: Supreme Court

WHAT IS ARTICLE 32 It is one of the fundamental rights listed in the Constitution that each citizen is entitled. Article 32 gives the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by in Part III of the Constitution. It sta..

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Status Of Law Commission Reports

Department of Legal Affairs under the Ministry of Law &amp; Justice has been allocated the task related to Law Commission as per the Government of India {Allocation of Business} Rules, 1961. So far, there have been 22 Law Commissions have been constituted and 277 reports are available in the public domain. The Reports of the La..

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High courts may invoke Article 226 to grant bail in suitable cases

WHO IS ARNAB GOSWAMI? Arnab Ranjan Goswami is an Indian news anchor, who is the managing director and editor-in-chief of Republic Media Network. His Republic Media Network presently owns and operates two channels namely Republic TV in English and Republic Bharat in Hindi. <p style..

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Right To Marry A Person Of Choice Irrespective Of Caste Or Religion Is A Fundamental Right

MATTER IN ISSUE Ramya, a software engineer wanted to marry her colleague and lover Wajeed. Wajeed&#39;s mother had no objection but Ramya&#39;s parents did not give their consent. She submitted to the Court, on being produced before it, that she is staying at Mahila Dakshatha Sa..

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Exclusion Of Advocates For Consideration As Judicial Members In Tribunals Contrary To SC Judgments

MATTER IN ISSUE &bull; A batch of petitions were filed in the Supreme Court challenging the constitutionality of the Tribunal, Appellate Tribunal and other Authorities (qualifications, experience and other conditions of service of members) Rules, 2020 for contravening the principle of separation of powers. <p style="te..

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Supreme Court slaps Rs.15K costs on up government for delayed SLP filing

OVERVIEW &bull; The case in reference is The State of Uttar Pradesh &amp;Anr. vs. Prem Chandra [SLP (C) Diary No(s).&nbsp; 971/2020] where the Coram were Justices Sanjay Kishan Kaul and Hrishikesh Roy. &bull; The Supreme Court while dismissing the Special Leave Petition filed by the Stat..

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