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Constitutional Law Judgments and Orders

Legislative Competence of the Parliament - entry in C.List

 13 August 2008

Clause (1) of Article 254 speaks about over-riding effect of a law made by Parliament which the Parliament is competent to enact. Same is the position in respect of a provision of existing law with respect of one of the matters enumerated in co..

Posted in Constitutional Law |    hits

RIGHT TO FLY NATIONAL FLAG

 29 July 2008

Right to fly the National Flag freely with respect and dignity is a fundamental right of a citizen within the meaning of Article 19(1) (a) of the Constitution of India being an expression and manifestation of his allegiance and feelings and sentiment..

Posted in Constitutional Law |    hits

Powers of Appellate Courts

 17 June 2008

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Posted in Constitutional Law |    hits

human rights commission in the state

 29 May 2008

Issuance of mandamus to the U.P. state to set up a human rights commission in the state as well as designate a sessions' court in every district as a human rights court under the protection of human rights act. ..

Posted in Constitutional Law |    hits

Powers of Appellate Courts

 12 May 2008

The Supreme Court has identified the powers of appellate courts while dealing with an appeal against an order of acquittal thus: - 1. An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acqui..

Posted in Constitutional Law |    hits

Application for mining lease

 27 March 2008

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Posted in Constitutional Law |    hits

Closure of municipal slaughter houses for jain community.

 23 March 2008

Brief : : SC held the resolution passed by the Standing Committee of the Municipal Corporation of Ahemdabad in relation to closure of slaughter house during Paryushan festival of Jain is valid is law. ..

Posted in Constitutional Law |    hits

Public Interest Litigation-Locus Standi to file petition

 16 March 2008

Public Interest Litigation - Locus Standi to file Petition - Disclosure of Source of Documents - Service Matters - Guidelines ..

Posted in Constitutional Law |    hits

Constitution of India - Article 129 - Contempt of Courts Act

 14 March 2008

It was agreed to by the petitioner only on the representation made by the alleged contemnors that they would furnish a bank guarantee provided an order is passed in that behalf by the learned Arbitrator - The fact that the learne..

Posted in Constitutional Law |    hits

Labour & services- Disciplinary proceedings-Powers of the High Court

 13 March 2008

Once it is found that all the procedural requirements have been complied with, the Courts would not ordinarily interfere with the quantum of punishment imposed upon a delinquent employee. The Superior Courts only in some cases may invoke the d..

Posted in Constitutional Law |    hits

Writ Petition - Territorial Jurisdiction

 13 March 2008

it is clear that for the purpose of deciding whether facts averred by the petitionerappellant, would or would not constitute a part of cause of action, one has to consider whether such fact constitutes a material, essential, or integral part of the ..

Posted in Constitutional Law |    hits

Doctrine of legitimate expectation

 02 March 2008

The doctrine of legitimate expectation based on established practice (as contrasted from legitimate expectation based on a promise), can be invoked only by someone who has dealings or transactions or negotiations with an authority, on which such esta..

Posted in Constitutional Law |    hits

Bihar Land Reforms

 13 February 2008

Since the High Court has not applied its mind to the challenge raised and has erroneously referred to the 9th Schedule to the Constitution, it would be appropriate to set aside the impugned order of the High Court and remit the matter to it f..

Posted in Constitutional Law |    hits