The Court held that the Contracts over the telephone are treated similar in principle to those contracted by the parties in the physical presence of one other. An oral offer is made and an oral acceptance is to be completed in both cases. It is essen..
Due to the existence of same question of law the Court combined two petitions to decide the constitutional validity of section 309 IPC. The petition was preferred by the petitioner when one Mr. Nagbhushan was charged under section 309 IPC. ..
The judgment revolves around the question of whether right to die with dignity is a part of Article 21 of the Constitution? The Court further moves on to discuss the validity of execution of living will. ..
The 9 judges Constitution Bench of the Supreme Court held that the backward classes in Article 16(4) can be identified only by the caste system & not only on economic basis. The Article 16(4) is not an exception of Article 16(1) and it is a classific..
Justice Sudhi Ranjan Das observed that the language of Article 14 is a command issued by the Constitution, rather than a right, to the State to implement its objective by safeguarding the equality that every welfare State, such as India, is supposed ..
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 ..
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...
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..
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..
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 ..
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..
Article 21 guarantees that no person shall be deprived of personal law and liberty except according to the procedure established by law. It has been factually conceded that none of the petitioners have been deprived of this right. The court held it w..
Article 123 and 213 of the Constitution confer on the President and Governor respectively an ordinance making power and nothing in the Constitution poses a restriction on this power to be confined to areas which have not been covered by any other Law..
In the instant case though the Court recognised that fundamental rights stand over any other law in India, the judgment was still overruled by the SC in the case of KesavanandaBarathi v. State of Kerala giving rise to the doctrine of basic structure...
The guidelines formulated in the present case are wide enough to address the issues arising due to right to health and health care, however the object of formulating such guidelines will be achieved only if they are implemented effectively. Therefor..
The court quoted many judgments of India and International origin namely America, UK and Australia. The court said that mistake in Section 72 has been used without any limitation to its scope and it covers both mistake of fact and mistake of law; and..
The court held that that in view of Section 27(1) of the DV Act, the Metropolitan Magistrate court, Bengaluru has the jurisdiction to entertain the complaint and take cognizance of the offence and since allegation against the other appellants except ..
While upholding the view of the High Court dismissing the petition for dissolution of the marriagein the present case, the Court held that the Appellant clearly failed to do behave as a dutiful husband as he not only continued to live with his mistre..
The present case was the first dispute in respect of the author’s moral rights that came before the court 30 years after the enactment of the Copyright Act, 1957. It is clear that Section 57 overrides the terms of the contract of assignment of copyri..
The Court observed that a marriage under Hindu law can be dissolved only through a decree of divorce obtained under any ground under Section 13 of the Hindu Marriage Act, 1955 and not by conversion. Thus, a second marriage solemnised before dissoluti..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
