Constitution of India

Preventive detention not an alternative for seeking cancellation of bail

The Supreme Court held that preventive detention is not the appropriate remedy for a detaining authority if an accused violates their bail conditions. The appellant, who was the wife of the detenu, had filed an appeal against a Kerala High Court judgement which had upheld the detention of her husband under the Kerala Anti-Social Activities (Prevention) […]

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Supreme Court’s power to expand the scope of appeal under Article 142-IPC- Prevention of corruption Act

The Supreme Court held that it is not bound to limit its scope while hearing an appeal. It may expand the merits of the case if required, under its power to do “complete justice” under Article 142. The Court was hearing an appeal filed by Biswajit Das, a Development Officer of Life Insurance Corporation of India,

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Misleading advertisements and Right to safe drugs Arts. 21 and 47- Constitution of India

The case arises from concerns about the rising number of misleading advertisements, particularly those involving health and food products, which exploit consumers’ lack of knowledge. Despite existing frameworks like the Consumer Protection Act, 1986, and the Guidelines, 2022, the Court found these measures inadequate. Public complaints about deceptive endorsements by celebrities and corporations catalyzed the Indian

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Prayer for quashment of FIR after the investigation is over -Constitution of India — Art. 226 — Quashment/Discharge/Stay —— Matters to be considered Court

In this case the fact that investigation had been completed and charge-sheet was ready to be filed in court, proper remedy of accused is to prefer discharge application before trial court, which would be considered in accordance with law. [Iqbal v. State of U.P., (2023) 8 SCC 734]   Case Comment: Honorable Supreme Court of

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Reliance on Foreign Precedent?- Banned organisation or unlawful Association -Constitution of India — Arts. 19(1)(c) & (a) and Arts. 19(2), (3) & (4) and Arts. 21 and 14

Law clarified relating to criminal liability imposed therefor under special statutes (UAPA and TADA) on basis of doctrine of “guilt by (continuing) association”, whether should be read down to include the conditions of actus reus and mens rea. Nature, scope and applicability of S. 10(a)(i) r/w Ss. 3 and 4 UAPA, explained in detail.  

Reliance on Foreign Precedent?- Banned organisation or unlawful Association -Constitution of India — Arts. 19(1)(c) & (a) and Arts. 19(2), (3) & (4) and Arts. 21 and 14 Read More »

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