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Constitutional Law Judgments and Orders

BCCI is amenable to writ jurisdiction Under Article 226 of the Constitution

 19 May 2020

BCCI may not be State Under Article 12 of the Constitution but is certainly amenable to writ jurisdiction Under Article 226 of the Constitution of India. In January 2017, the Supreme Court of India removed the BCCI’s President N. Srinivasan from his ..

Posted in Constitutional Law |   1215 hits

IPC section 97 - Right of private defence of body and property

 15 May 2020

The High Court held the according to the facts Amjad Khan had sufficient reason to afford a right of private defence as he had no time to have recourse to the authorities and had reasonable grounds for apprehending that either death or grievous hurt ..

Posted in Constitutional Law |   1872 hits

About Section 304A was incorporated in IPC by an amendment act 1870 which deals with death caused by rash or negligent act

 15 May 2020

Hon'ble Supreme Court of India observed as- The appellant was charged with an offence under S. 304A of the Indian Penal Code for causing the death of one Mst. Madilen by contact with an electrically charged naked copper wire which he had fixed up at ..

Posted in Constitutional Law |   1366 hits

Maneka Gandhi judgment simplified

 01 May 2020

The facts of the case are as follows: Maneka Gandhi, the petitioner in the case, wanted to travel abroad for a speaking event in 1977. While she was planning for the travel she received a letter from the Government of India stating that the governmen..

Posted in Constitutional Law |   1745 hits

Ayodhya case: Temple at disputed site, alternative land for mosque, says SC

 09 November 2019

The Supreme Court in a unanimous verdict on Saturday cleared the way for the construction of a Ram Temple at the disputed site at Ayodhya, and directed the Centre to allot a 5-acre plot to the Sunni Waqf Board for building a mosque...

Posted in Constitutional Law |   3200 hits

National Legal Services Authority v Union of India and Others

 29 May 2019

National Legal Services Authority v. Union of India is a landmark decision by the Supreme Court of India, which declared transgender people to be a 'third gender', affirmed that the fundamental rights granted under the Constitution of India will be e..

Posted in Constitutional Law |   7438 hits

Mohd. Ahmed Khan vs Shah Bano Begum and Ors

 26 March 2019

FACTS OF THE CASE In 1978, a Muslim Lawyer in Madhya Pradesh divorced Shah Bano, his wife by pronouncing ‘triple talaq’. The main reason behind the divorce being disputes between Shah Bano’s children and her husband’s other wife. As per Muslim per..

Posted in Constitutional Law |   4801 hits

Shayara Bano v. Union of India and others.

 19 March 2019

The case was called Shayara Bano v. Union of India & Others. The bench that heard the controversial Triple talaq case in 2017 was made up of multifaith members. The five judges from five different communities are Chief Justice JS Khehar, a Sikh, Just..

Posted in Constitutional Law |   4181 hits

Indira Sawhney & Ors v. Union of India.

 09 January 2019

The opinion of the Supreme Court in the Indra Sawhney case is summarized as below: Backward Classes of the Citizens of in Article 16(4) can be identified on the basis of caste and not only on the economic basis. Article 16(4) is not an exception ..

Posted in Constitutional Law |   9145 hits

Triple Talaq

 13 June 2018

The dawn of the 22nd day of August 2017 witnessed a revolutionary judgement passed by a 5 judges bench of the Hon’ble Supreme Court holding the practice of Triple Talaq unconstitutional and violative of the rights of Muslim women, that too for a very..

Posted in Constitutional Law 1 comments |   2282 hits

SC: Fatwa or diktat lack legal sanction

 08 July 2014

The Supreme Court bench comprising of Justices Chandramauli Kr. Prasad and Pinaki Chandra Ghose ruled that no Dar-ul-Qazas or any institution by any name, shall give verdict or issue Fatwa touching upon the rights, status and obligation, of an indi..

Posted in Constitutional Law 1 comments |   4075 hits

SC landmark judgment recognising transgenders as a third gender.

 17 April 2014

The bench comprising of Justice K.S. Radhakrishnan and Justice A.K. Sikri in a Public Interest Litigation (PIL) filed by National Legal Services Authority (NALSA) seeking the recognition of transgenders as a third gender held that transgenders are to..

Posted in Constitutional Law |   6359 hits

SC: Reference to larger Bench has to be for reconsideration of the principle of law and not merits of the decision.

 15 April 2014

The bench comprising of Chief Justice of India, P. Sathasivam, Justice Ranjan Gogoi and Justice N.V. Ramana held that the reference of a case to a larger Bench necessarily has to be for a reconsideration of the principle of law on which the case has ..

Posted in Constitutional Law |   3621 hits

SC: Equal pension for Judges

 02 April 2014

The bench comprising of Justice P. Sathasivam. Justice Ranjan Gogoi and Justice N.V. Ramana held that for the purpose of determing pension, ten years practice as an Advocate should be added as a qualifying service for Judges elevated from the Bar. T..

Posted in Constitutional Law 5 comments |   2399 hits

Safai Karamchari Andolan & Ors. Vs. Union of India & Ors.

 31 March 2014

The bench comprising of Chief Justice of India, P. Sathasivam, Justice Ranjan Gogoi and Justice N.V. Ramana, in a writ petition filed by Safai Karamchari Andolan, directed that the families of all persons who have died in sewerage work since 1993 to..

Posted in Constitutional Law |   2952 hits

SC: Appointment of staff in Courts to be in consonance with Art. 14 & 16

 18 February 2014

The Bench comprising of Justice Dr. B.S. Chauhan, Justice J. Chelameswar and Justice M.Y. Eqbal directed all High Courts to re-examine the statutory rules dealing with the appointment of staff in the High Court as well as in the subordinate courts a..

Posted in Constitutional Law 4 comments |   3450 hits

SC upholds recommendations of Majithia Wage Board

 07 February 2014

The bench comprising of Chief Justice P. Sathasivam, Justice Ranjan Gogoi and Justice Shiva Kirti Singh upheld the recommendations of Justice Majithia Wage Board for journalists and non-journalists in the print media on their pay structure and direct..

Posted in Constitutional Law |   3275 hits

SC on power to punish for contempt

 05 February 2014

The bench comprising of Justice Chief Justice P. Sathasivam, Justice Ranjan Gogoi and Justice Shiva Kirti Singh set aside the contempt proceedings initiated by the the Madras High Court against Sudhir Vasudeva, Chairman and Managing Director of ONGC...

Posted in Constitutional Law |   3436 hits

SC dismisses review petitions on its judgment on Sec 377

 29 January 2014

The bench comprising of Justice H.L. Dattu and Justice S.J. Mukhopadhaya dismissed review petitions against the verdict of the Court in December 2013 which declared gay sex a criminal offence punishable up to life imprisonment...

Posted in Constitutional Law |   2950 hits

Provisions of Article 335 of the Constitution

 13 August 2013

Although the matter is now before a Bench of five Judges, the terms of reference are not very clear. From what we have been able to gather from the pleadings and the judgment of the Division Bench of the High Court, the question to be considered is w..

Posted in Constitutional Law |   4461 hits