Constitution of India

Disaster Management Act, 2005 — Ss. 12(iii), 48, 6(1) and 6(2)(g) – constitution of India (Art.21)— Notified disaster

Ex gratia monetary compensation to families of deceased who have succumbed to pandemic of COVID-19: Word “shall” used in S. 12, held, cannot be interpreted and considered as “may”. It is mandatory for National Authority to recommend guidelines for minimum standards of relief to be provided to persons affected by disasters including ex gratia assistance […]

Disaster Management Act, 2005 — Ss. 12(iii), 48, 6(1) and 6(2)(g) – constitution of India (Art.21)— Notified disaster Read More »

— Right to identity under Arts. 21 and 19 – Sanctity of identity and protection of identity of individual is guaranteed under the Constitution

One is entitled to correction and / or modification of name recorded in the examination certificate  and other changes to information contained therein. CBSE examination bye lawsrestricting scope of permissible corrections/ changes in certificates issued by it is unreasonable. Jigya Yadav v. CBSE, (2021) 7 SCC 535

— Right to identity under Arts. 21 and 19 – Sanctity of identity and protection of identity of individual is guaranteed under the Constitution Read More »

Constitution of India — Arts. 16(4), 15(4) and 15(5) — Extent to which Reservation is permissible

Maximum upper limit of 50% reservation as laid down in Indra Sawhney, 1992 Supp (3) SCC 217, binding under Art. 141 and has to be implemented. As there were no grounds to refer Indra Sawhney case to a larger Bench, prayer for the same, rejected. S. 2(j) of the MSEBC Act, 2018 insofar as it declares

Constitution of India — Arts. 16(4), 15(4) and 15(5) — Extent to which Reservation is permissible Read More »

Person(s) to be appointed under Art. 243-K/Art. 243-ZA who may be appointed as State Election Commissioner to Panchayats and Municipalities

All-State Election Commissioners appointed under Art. 243-K/Art. 243-ZA, held, have to be independent persons who cannot be persons who are occupying a post or office under the Central or any State Government. If there are any such persons holding such post of State Election Commissioner in any State, such persons must be asked forthwith to

Person(s) to be appointed under Art. 243-K/Art. 243-ZA who may be appointed as State Election Commissioner to Panchayats and Municipalities Read More »

Constitution of India — Arts. 14, 32, 226 and 227 and Economy and/or economic policy decisions

Limited scope of judicial review in matters concerning economy and/or economic policy decisions, emphasized. Judges are not experts in economic and fiscal regulatory matters and thus, should not encroach upon these areas and must be more reluctant to impugn the judgment of the experts who may have arrived at a conclusion unless the court is

Constitution of India — Arts. 14, 32, 226 and 227 and Economy and/or economic policy decisions Read More »

Necessity of reasoned order with clear findings on issue(s) raised by parties under Art. 226

The High Court allowed the writ petition by observing that what has been granted by the competent authority under the certificate of deemed conveyance is much more than what is is sought in the prayers of the application. The High Court has not recorded the specific reason as to why that finding has been reached.

Necessity of reasoned order with clear findings on issue(s) raised by parties under Art. 226 Read More »

Constitution of India —Right to marry person of one’s choice is integral to Art. 21

Intimacies of marriage lie within a core zone of privacy, which is inviolable and even matters of faith would have the least effect on them. The autonomy of an individual inter alia in relation to family and marriage is integral to the dignity of the individual. Para 12 The way forward to the Police authorities

Constitution of India —Right to marry person of one’s choice is integral to Art. 21 Read More »

Constitution of India — Art. 21 — Offences involving police brutality/atrocities and which are compoundable with permission of court

When the police is a violator of the law whose primary responsibility is to protect the law, the punishment for such violation has to be proportionately stringent so as to have an effective deterrent effect and instil confidence in the society. Thus, Permission for compounding of such offences involving police brutality/atrocities cannot be granted by

Constitution of India — Art. 21 — Offences involving police brutality/atrocities and which are compoundable with permission of court Read More »

Maintainability of writ petition under Article 226 of the Constitution of India- when is it proper to relegate to alternate remedy

Restating the position in Gunwant Kaur v. Municipal Committee, Bhatinda (1969) 3 SCC 769, the court observed that when the petition raises questions of fact of complex nature, such as in the present case, which may for their determination require oral and documentary evidence to be produced and proved by the party concerned and also

Maintainability of writ petition under Article 226 of the Constitution of India- when is it proper to relegate to alternate remedy Read More »

Article 21 of Constitution of India

The issue for consideration is with regard to the prosecution being vitiated because the informant is also the investigating officer in view of Mohan Lal vs State of Punjab (2018) 17 SCC 627. Held, that “the criminal justice delivery system, cannot be allowed to veer exclusively to the benefit of the offender making it unidirectional

Article 21 of Constitution of India Read More »

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