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id_522 | 4 | The Speaker's decision adjourning the House sine die on 23‑12‑2003 and directing it to resume its sittings in part two relates to proceedings in Parliament and is procedural in nature. The business transacted and the validity of proceedings after the resumption of its sittings pursuant to the directions of the Speaker ... |
id_522 | 5 | If the interpretation of the respondents is accepted, the action of the leader condoning a Member of Legislative Assembly's prohibitory conduct would not reflect the voice of the political party and would instead reflect the voice of the legislature party. This would be contrary to the manner in which the Tenth Schedul... |
id_522 | 6 | As discussed in the preceding segments of this judgement, this necessitates the Speaker prima facie determining who the political party was at the time of the act which is alleged to attract the provisions of the Tenth Schedule. The decision of the Speaker that a member of the House is disqualified for voluntarily givi... |
id_522 | 7 | Whether they would choose to enter deliberations with their colleagues in the House or in the political party, mobilise the cadres, resign from the Assembly in protest, or merge with another party was uncertain. Therefore, the Governor erred in relying upon the resolution signed by a faction of the Shiv Sena Legislativ... |
id_525 | 0 | S.B. Civil Writ Petition No. 11280/2019. Miss Madhu, daughter of Shri Muldan, aged about 22 years, resident of Village Gugdi, Gram Panchayat Aakadli Baksiram, Via Balotra, Tehsil Pachpadra, District Barmer, Rajasthan. Petitioner versus: 1. State of Rajasthan, through Principal Secretary, Department of Women and Child D... |
id_526 | 0 | Ramchandra Shrimant Bhandare, Appellant, versus the State of Maharashtra, Respondent. Mr. Sushan Mhatre, Advocate for the Appellant. Mr. Yogesh Y. Dabke, Assistant Public Prosecutor for the Respondent-State., The appellant has challenged his conviction and sentence recorded by the Special Judge, Greater Mumbai under th... |
id_527 | 0 | CC No. 30751/2021 dated 18 October 2022. Present: Special Court for trial of cases filed against sitting as well as former Members of Parliament and Members of Legislative Assembly, triable by Magistrate, Karnataka. Complainant: State, Brucepet Police Station, Bellary City Sub‑Division, Bellary. Accused: G. Somashekara... |
id_527 | 1 | Notwithstanding anything contained in subsection (1), no person, other than a person referred to in sub‑section (3), shall acquire, have in his possession or carry, at any time, more than three firearms. Provided that a person who has in his possession more firearms than three at the commencement of the Arms (Amendment... |
id_528 | 0 | Petition for Special Leave to Appeal (Civil) No. 19038/2022 (Arising out of the impugned final judgment and order dated 18-08-2022 in Civil Writ Jurisdiction Case No. 11593/2022 passed by the High Court of Judicature at Patna) Date: 24-01-2023. The matters were called on for hearing today., For the petitioner: Mr. Dhru... |
id_53 | 0 | Bar Council of Tamil Nadu and Puducherry, High Court Campus, Chennai – 600 104, Phone Number: 25842739, 26362695, Email: tnbarcouncil@brahoo.com, Website: barcouncil.tn.adupuducherry.org. Registration Order Number 849 of 2022 dated 09.05.2022. It is hereby notified for the general information of the public that the Bar... |
id_531 | 0 | Criminal Revision No. 535 of 2023\nManoj Kumar (also known as Manoj Sao), son of Deoki Sao, resident of Village and Post Office Jamu, Police Station Markacho, District Koderma, Jharkhand. Petitioner\nVersus\n1. The State of Jharkhand\n2. Deoki Sao, son of Late Bodhi Sao, resident of Village and Post Office Jamu, Police... |
id_532 | 0 | Candidates wishing to file a complaint to the Grievance Redressal Committee shall log in with their assigned ID only for downloading the Response Sheet. Note: The response sheet available in your Common Law Admission Test account is against the provisional answer keys. So, when computing your final score, candidates ar... |
id_533 | 0 | ORDER : (Per the Honourable Chief Justice Alok Aradhe) Mr. I. Mallikarjuna Sharma, learned counsel for the petitioners. Ms. K. Mani Deepika, learned counsel for respondents Number 1 to 3., In this writ petition, the petitioners have assailed the validity of Sections 5, 6 and 15 of the Press and Registration of Books Ac... |
id_535 | 0 | Applicant: Shrimati Jyoti. Opposite Party: State of Uttar Pradesh. Counsel for Applicant: Rajendra Kumar Srivastava. Counsel for Opposite Party: Government Advocate, Amrit Shanker Dubey. Honourable Justice Saurabh Shyam Shamshery, J., The High Court of Uttar Pradesh is convened through video conferencing. A video link ... |
id_538 | 0 | Versus Appearance: Miss Urvashi K Mehta (11469) for the Applicant(s) No. 1 Respondent(s) No. 1 Date: 08/12/2023, The present successive application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No. I-11208057230026 of 2023 registered with the ... |
id_539 | 0 | IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HONOURABLE SHRI JUSTICE VISHAL DHAGAT ON THE 6TH OF NOVEMBER 2023 MISCELLANEOUS CRIMINAL CASE NO. 6138 OF 2010 BETWEEN: ASHUTOSH TIWARI AND KAMLESH SHUKLA (APPLICANTS, BY SHRI VIPIN YADAV, ADVOCATE) AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION JAITPUR SHA... |
id_54 | 0 | Chief Justice's Court Petitioner: In Re Respondent: Zila Adhivakta Sangh Allahabad. Counsel for Petitioner: None. Counsel for Respondent: Advocate General, Ashok Kumar Tiwari, Advocate Honorable Pritinker Diwaker, Chief Justice Honorable Mrs. Sunita Agarwal, Honorable Surya Prakash Kesarwani, Honorable Manoj Kumar Gupt... |
id_540 | 0 | Plaintiffs, through Mr. Sidharth Chopra, Mr. Yatinder Garg, Ms. Snehima Jauhari and Ms. Ambika Dilwali, Advocates, versus Defendants, none. Interim Application No. 16479/2022 (Exemption) is allowed, subject to all just exceptions., This application is filed on behalf of the Plaintiffs seeking leave to file additional d... |
id_542 | 0 | The 22nd Law Commission of India was constituted by Gazette Notification for a period of three years vide Order No. FNo. 45021/1/2018-Admin-III (Legal Affairs) dated 21 February 2020 issued by the Government of India, Ministry of Law and Justice, Department of Legal Affairs, New Delhi. The term of the 22nd Law Commissi... |
id_542 | 1 | The difference between the position under the American Constitution and the Draft Constitution is one of form and not of substance. That the fundamental rights in America are not absolute rights is beyond dispute. In support of every exception to the fundamental rights set out in the Draft Constitution one can refer to... |
id_542 | 2 | The citizen's right to freedom of speech and expression guaranteed by Article 19(1)(a) has been held by some courts to be so comprehensive as not to render a person culpable even if he advocates murder and other crimes of violence. Thus, Parliament took note of the reasoning of the majority opinion in Romesh Thapar, wh... |
id_542 | 3 | The Maoist insurgency led by the Communist Party of India-Maoist (CPI-Maoist) and various other banned outfits is arguably the largest internal security threat in India, as once declared by former Prime Minister Dr. Manmohan Singh. Having its genesis in the Naxalbari areas of West Bengal in 1967, the Maoist insurgency ... |
id_542 | 4 | Again applying the clear and present danger test, the Supreme Court of India upheld the conviction on the grounds that: \the words of the act cannot mean that, before the Government may act, it must wait until the putsch is about to be executed, the plans have been laid and the signal is awaited. If the Government is a... |
id_543 | 0 | The State Directorate of Vigilance and Anti‑Corruption, represented by the Deputy Superintendent of Police, Vigilance and Anti‑Corruption, Chennai City, and Thiru I. Periyasamy, son of Irulappa Servai, residing at Durairaj Nagar, West Govindapuram, Dindigul, formerly Minister for Tamil Nadu Housing Board, Government of... |
id_543 | 1 | High Court's power of enhancement of sentence, in an appropriate case, by exercising suo motu power of revision is still extant under Section 397 read with Section 401 of the Criminal Procedure Code, 1973, inasmuch as the High Court can by itself call for the record of proceedings of any inferior criminal court under i... |
id_543 | 2 | In State of Kerala v. K. Ajith, (2021) 17 Supreme Court Cases 318, the Supreme Court of India has observed thus: A plain reading of Section 197 Code of Criminal Procedure clarifies that it applies only if the public servant can be removed from office by or with the sanction of the Government. However, Members of Legisl... |
id_544 | 0 | CM-10538-CWP-2023 ; CM-10539-CWP-2023 in/and Present: - Mr. Amandeep Vashisth, Advocate and Mr. Manish Soni, Advocate for the petitioner. Ms. Shruti Jain Goyal, Senior Deputy Advocate General, Haryana., The instant writ petition has been filed for raising a challenge to the investigation and the proceedings arising out... |
id_546 | 0 | S.B. Civil Writ Petition No. 3753/2006 Petitioner Versus State of Rajasthan through Chief Secretary, Government Secretariat, Jaipur; Deputy Secretary (J), Chief Minister Relief Fund, Government of Rajasthan, Government Secretariat, Jaipur; District Collector, District Jaipur; Rajendra alias Nenhe son of Motilal, presen... |
id_546 | 1 | [Writ Petition (Criminal) No.155/2013] has held that no compensation can be adequate but since the State has failed in protecting such serious violation of fundamental rights, the State is duty bound to provide compensation, which may help victim's rehabilitation. The Honourable Supreme Court also noted that the obliga... |
id_547 | 0 | The Insolvency and Bankruptcy Board of India has filed the above Transfer Petitions under Article 139(A) read with Article 142 of the Constitution of India seeking transfer of the Writ Petitions filed before High Courts to the Supreme Court of India., By a Notification dated 15 November 2019, the Ministry of Corporate ... |
id_548 | 0 | Civil Writ (Public Interest Litigation) Petition No. 13628/2020 Prahlad Sharma, Son of Late Shri Mool Chand Sharma, Petitioner versus Union of India and Others, Respondents. For the petitioner: Dr. Abhinav Sharma, Advocate. For the respondents: Mr. R. D. Rastogi, Additional Solicitor General with Mr. C. S. Sinha, Advoc... |
id_549 | 0 | Leave granted. On the basis of FIR No. 4 of 2018 dated 08-01-2018, registered at Vishrambagh Police Station, Pune, Maharashtra, which was originally registered under Sections 153A, 505(1B) and Section 34 of the Indian Penal Code, Section 120(B) was added on 06-03-2018 and further Sections 13, 16, 17, 18, 18B, 20, 38 an... |
id_549 | 1 | No police officer shall detain in custody a person arrested without a warrant for a longer period than is reasonable under the circumstances of the case, and such period shall not, in the absence of a special order of a Magistrate under Section 167 of the Code of Criminal Procedure, exceed twenty-four hours exclusive o... |
id_549 | 2 | This history is a cause for concern among some because of the traditional use of the practice as a means of silencing political dissent. South Africa, for example, has a long history of control through “banning” and societies found in Poland, South Korea, India, and the former Soviet Union are known to employ “house ar... |
id_549 | 3 | Almost 47.9 percent (986.18 Crore Rupees) of total expenses on inmates were spent on food, followed by 4.3 percent (89.48 Crore Rupees) on medical matters, 1.0 percent (20.27 Crore Rupees) on welfare activities, 1.1 percent (22.56 Crore Rupees) on clothing and 1.2 percent (24.20 Crore Rupees) on vocational/educational ... |
id_549 | 4 | This sub‑section empowers the magistrate before whom an accused is produced for the purpose of remand, whether he has jurisdiction or not to try the case, to order the detention of the accused, either in police custody or in judicial custody, for a term not exceeding fifteen days in the whole. We would hold that a rema... |
id_549 | 5 | The matter was listed on 30 August 2018 at 2:15 p.m. On the next day, 30 August 2018, the Delhi High Court passed a further order. The order recites that the Delhi High Court was in the process of pronouncing an order on the validity of the transit remand and consequently on the validity of the arrest of the appellant.... |
id_549 | 6 | Though police custody can be had under the Unlawful Activities (Prevention) Act beyond the first 30 days under the Second Proviso to Section 43(D)(2), it is permissible only in a situation where the accused is in judicial custody. The appellant was, admittedly, not in judicial custody, having surrendered to the Nationa... |
id_55 | 0 | (Arising out of Special Leave Petition (Criminal) Number 363 of 2022) Leave granted. The appellant herein is accused of the offences pertaining to Sections 354, 323, 504 and 506 of the Indian Penal Code, 1860 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 as also Section 75 of the Ju... |
id_550 | 0 | Applicant: Virendra Kumar Sharma. Opposite Party: State of Uttar Pradesh and another. Counsel for Applicant: Manoj Kumar Rai, K.C. Tripathi. Counsel for Opposite Party: Government Advocate Honourable Sameer Jain, Judge. The case was called out in the revised list. Despite service of notice, no representative of opposit... |
id_551 | 0 | For the petitioner: Mrs. Anjili Nag. For the respondents: Mr. Shatadru Chakraborty, Mr. Dibesh Dwivedi. Heard on: 11 October 2023 and 12 October 2023. Judgment on: 16 October 2023., The present writ petition is directed against an order passed by the Central Administrative Tribunal in OA No. 351/1539/2021 on 8 August 2... |
id_553 | 0 | Writ Petition (Civil) No.25774/2022 Monday, the 10th day of October 2022 / 18th Aswina, 1944. The petition prays inter alia that in the circumstances stated in the affidavit filed along with the Writ Petition (Civil) the High Court of Kerala be pleased to direct the respondents not to initiate any coercive proceedings ... |
id_554 | 0 | Applicant: Chhangur Yadav. Opposite Party: State of Uttar Pradesh. Counsel for Applicant: Ankit Kapoor and Virendra Kumar Yadav. Counsel for Opposite Party: G. A. Honorable Krishan Pahal, Judge. The learned counsel for the applicant and the learned Additional Government Advocate for the State perused the material place... |
id_555 | 0 | Leave granted. Heard learned counsel for the parties. The challenge in this appeal has been made to the Order dated 21 June 2022 passed by the High Court of Chhattisgarh granting bail to the appellant subject to conditions. One of the conditions was that the appellant shall deposit a sum of Rs.70 Lakhs under protest, i... |
id_558 | 0 | Reserved on: 17th July, 2023. Pronounced on: 01st September, 2023. Through: Mr. Jai Bansal, Advocate along with appellants in person versus Respondent in person., The present Appeal under Section 19 of the Family Courts Act, 1984 has been filed by the appellants against the impugned order dated 21 March 2018, whereby t... |
id_558 | 1 | In the backdrop as discussed above, it is not considered in the interest and welfare of the child to uproot him completely at this stage, yet, as already discussed above, there can be no substitute to the parental love and affection and thus, it is considered appropriate that initially limited visitation rights be give... |
id_559 | 0 | Reserved on : 16.8.2022 Delivered on : 02.9.2022 Criminal Appeal No. 652 of 2022 Reena Joyce Mary Appellant versus State represented by Deputy Superintendent of Police, Q Branch CID, Dharmapuri, Uthangarai Police Station Crime Nos. 1004/02, 1005/02, 1006/02 and Kallavi Police Station Crime No. 434/02 Respondent. Crimin... |
id_56 | 0 | Ishika Patnaik, Petitioner, National Law University of Odisha and Others, Opposite parties. 20 October 2020. In view of the extraordinary situation arising out of the COVID-19 lockdown, the matter is taken up through video conferencing., Heard Mister B. Routray, Learned Senior Counsel for the petitioner and Mister Praf... |
id_561 | 0 | This judgment is enriched by the discussions with my distinguished colleagues – Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice Bhushan R Gavai and Justice Surya Kant – during the course of oral arguments and thereafter. Their inputs to the judgment have led to a synthesis of thought resulting in a unanimous... |
id_561 | 1 | Once this relationship was crystallised by the Constitution of the State, there was no scope of change, since the Constituent Assembly, solely empowered to change the relationship, ceased to exist; and Article 370 recognised the constituent power of the people of the State of Jammu and Kashmir, articulated through the ... |
id_561 | 2 | Demarcation of Indian states into Part A, Part B, Part C and Part D states was not feasible. Consequently, the Constitution (Seventh Amendment) Act 1956 removed these distinctions and introduced the concept of Union Territories. From 1955 onwards, through various legislations under Article 3, the present states of Goa,... |
id_561 | 3 | They have gradually come to be regarded as two sides of the same coin. Dicey’s comment (extracted above) is evidently with reference to internal sovereignty because the unrestricted power to make laws concerns individuals and associations within a state, as opposed to the relationship between two nations., Orfield unde... |
id_561 | 4 | Many Princely States executed Instrument of Accession and Standstill Agreements. The White Paper on States (1951) contains an illuminating discussion on territorial integration. One of the important consequences of the adoption of the new Constitution is the completion of the process of the territorial integration of S... |
id_561 | 5 | Section 5 defines the extent of the legislative and executive power of the State by relating it to matters over which Parliament has power to make laws for the State. In other words, the residual power which is left after excluding the domain which falls within the ambit of the legislative power of Parliament in relati... |
id_561 | 6 | The petitioners have assailed the specific actions which were taken when the Proclamation was in force on the ground that these actions breach the constitutional limitations. Writ Petition (Civil) 1068 of 2019 assails the validity of the 2018 Proclamation and its extension but does not mention any grounds for the chall... |
id_561 | 7 | Though the approval of the Proclamation by Parliament affirms the principle of parliamentary democracy, it does not restore the principle of federalism. The majority in SR Bommai (supra) was conscious of the impact of the Proclamation on federal principles. This is evident from the observations of Justice Reddy that on... |
id_561 | 8 | Supreme Court of India held that when an Ordinance ceases to exist, the rights and other consequences created by the Ordinance also cease to exist for three reasons: first, Article 213 unlike other provisions of the Constitution (such as Articles 358(1) and 359(1)) does not have a savings clause which saves the actions... |
id_561 | 9 | On 24 October, the Deputy Prime Minister left Srinagar for Delhi carrying a letter of accession to India from the Maharaja and a personal letter to Pandit Jawaharlal Nehru and another to Sardar Vallabhbhai Patel asking for military help in men, arms and ammunition. I also wrote to both requesting them to save the State... |
id_561 | 10 | Clause 3 of the Instrument of Accession reads as follows: I accept all matters enumerated in List I and List III of the Seventh Schedule to the Act as matters in respect of which the Dominion Legislature may make laws for the United State. Provided that nothing contained in said Lists or in any other provision of the A... |
id_561 | 11 | On account of various factors working against the machinery for self‑sufficient and progressive democratic set‑up in the smaller States and the serious threat to law and order in those States, there was an integration of States though not in a uniform pattern in all cases. Firstly, it followed the merger of States in t... |
id_561 | 12 | The expansion of the ambit of Part XXI to cover special provisions took place with the Constitution (Thirteenth Amendment) Act, 1962, with effect from 1 December 1963. Over time, Part XXI was amended to incorporate special provisions with respect to the States and the Union Territories., In 1956, Article 371 was substi... |
id_561 | 13 | In other words, Article 370 of the Constitution read together with Article 1 leaves no manner of doubt that the integration of Jammu and Kashmir as a part of the nation, which in itself was a Union of States, was complete. Any interpretation of Article 370 cannot postulate that the integration of Jammu and Kashmir with... |
id_561 | 14 | The petitioners argue that since the Constituent Assembly did not recommend that Article 370 must cease to exist, the provision has attained permanence. It was argued that the procedure to repeal the provision cannot be traced to Article 370 after the Constituent Assembly ceased to exist but can only be traced to Artic... |
id_561 | 15 | The proviso to clause (2) of Article 368 stipulates that a constitutional amendment which seeks to make a change to these chapters must be ratified in the manner provided, before the Bill which seeks to make such amendments is presented to the President for assent. The petitioners argued that the Bill inserting the Ten... |
id_561 | 16 | In exercise of the powers conferred by clause (3) of Article 370 of the Constitution of India, the President, on the recommendation of the Constituent Assembly of the State of Jammu and Kashmir, is pleased to declare that, as from the 17th day of November, 1952, the said article 370 shall be operative with the modifica... |
id_561 | 17 | Paragraph 2 to Constitution (Application to Jammu and Kashmir) Order 10 states that Parliament may enact laws for Jammu and Kashmir with respect to matters specified in the First Schedule to the Constitution (Application to Jammu and Kashmir) Order which corresponds to the matters specified in the Instrument of Accessi... |
id_561 | 18 | Similar changes were made to Entry 97 of the Union List. Entries 2 (Criminal Law) and 12 (Evidence) of the Concurrent List were applied with modifications., On 4 December 1985, Constitution Order 124 was issued in terms of which Articles 339 and 342 of the Constitution were applied to the State of Jammu and Kashmir to ... |
id_561 | 19 | Goa, Daman and Diu were added to the First Schedule as a Union Territory in 1962 as was Puducherry (previously known as Pondicherry). In 1966, Chandigarh was also made a Union territory. A couple of decades later, the State of Goa was formed with the enactment of the Goa, Daman and Diu Reorganisation Act 1987. Daman an... |
id_561 | 20 | The effect of Article 370(3) after the dissolution of the Constituent Assembly of the State. Article 370(3) continues to operate. The President can exercise power under sub‑clause (3) without a recommendation from the Jammu and Kashmir Constituent Assembly. The issuance of Commencement Order 272: the power under Articl... |
id_561 | 21 | The power of Parliament to make laws for the State shall be limited to those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to ... |
id_561 | 22 | The evolution of the constitutional relationship between the Union of India and the State of Jammu and Kashmir prior to the impugned executive actions is examined. Emphasis was laid on the assurances given to the Princely State of Jammu and Kashmir before its accession to the Indian Union and the consequent constitutio... |
id_561 | 23 | Article 370 prevented residents of Jammu & Kashmir from being treated on par with other citizens of India. Ultimately equality was the necessity. Thus, it could never have been intended to be a permanent arrangement., Article 370(3) How it works out? The proviso to Article 370(3) became otious once the State Constituen... |
id_561 | 24 | At this stage, we reject Mr. Dinesh Dwivedi, Learned Senior Counsel's submission that the provision was temporary only until the State Constituent Assembly was dissolved. Other than the historical and textual reading alluded to above, this issue has been decided by a coordinate Bench of the Supreme Court of India in Sa... |
id_561 | 25 | However, at present, we need not examine this aspect in greater depth as the Solicitor-General assured the Supreme Court of India of the Union's commitment made on the floor of the House that the Statehood of Jammu and Kashmir would be restored in the near future upon elections being held., Suspension of the first prov... |
id_562 | 0 | Writ Petition(s) (Civil) No(s). 699/2016 Date: 10-08-2021. These matters were called on for hearing today. Amicus Curiae: Mr Vijay Hansaria, Senior Advocate. For Petitioners: Mr Vikas Singh, Senior Advocate; Mr Ashwani Kumar Dubey, Advocate on Record. Date: 10-08-2021. Ms Kamini Jaiswal, Advocate; Mr Abhimanue Shrestha... |
id_564 | 0 | Press Release dated 01.11.2020 The General Council of the Bar Council of India has considered the Order dated 21.10.2020 passed by the Honourable Delhi High Court in W. P. (C) No.8307/2020 titled as Samarth Nayar & Ors. Vs. Controller of Examinations, Guru Gobind Singh Indraprastha University & Ors. A perusal of Paragr... |
id_565 | 0 | 438 Criminal Procedure Code No. 5658 of 2021 Applicant: Shiv Prasad @ Shiv Prasad Harijan and Another Opposite Party: State of Uttar Pradesh and Another Counsel for Applicant: Ashok Kumar Yadava, Surya Prakash Singh Counsel for Opposite Party: G.A. Honourable Rajeev Singh, Judge., Allahabad High Court convened through ... |
id_566 | 0 | Constitutional Writ Jurisdiction Appellate Side Present: Hon'ble Justice Amrita Sinha. WPA No. 1126 of 2022. Indian Jute Mills Association and Another versus Union of India and Others for the writ petitioners. Abhrajit Mitra, Senior Advocate; Rajshree Kaharia, Advocate; Sarvopriyo Mukherjee, Advocate; Satadeep Bhattach... |
id_568 | 0 | Date of decision: 26 April 2022. Through: Ms Geeta Luthra, Senior Advocate with Ms Shivani Luthra Lohiya, Ms Asmita Narula, Ms Priyanka Prasanth and Ms Apoorva Maheshwari, Advocates versus Through: Ms Rebecca John, Senior Advocate with Ms Gauri Rishi, Ms Srishti Juneja and Ms Garima Sehgal, Advocates for Respondent No.... |
id_570 | 0 | Through: Ms. Kusum Dhalla, Additional Public Prosecutor versus Respondent. Through: Ms. Nidhi Raman and Mr. Zubin Singh, Advocates., By way of the instant petition filed under Section 482 of the Code of Criminal Procedure, 1973, the Petitioner/State has prayed for the following reliefs: Allow the present petition and i... |
id_571 | 0 | Non-Reportable Civil Appeal Number 5160 of 2010 J. Chitra Appellant versus District Collector and Chairman State Level Vigilance Committee, Tamil Nadu & Ors. Respondents., A Writ Petition was filed by the Appellant challenging the order dated 09.04.2008 passed by the Chennai District Vigilance Committee cancelling the ... |
id_575 | 0 | Showik Indrajit Chakraborty, aged 27 years, residing at Flat No. 501, Gabanna House Apartments, 15th Road, Khar West, Mumbai 400052, is a petitioner. The respondents are the Additional Superintendent of Police, Central Bureau of Investigation, 5B, 5th Floor, CBI Building, CGO Complex, Lodhi Road, New Delhi; and the Sta... |
id_576 | 0 | FIR no. 152/2021 PS Connaught Place State Vs. Preet Singh under sections 188, 269, 270, 153A of the Indian Penal Code, Section 3 of the Epidemic Diseases Act. In view of the directions of the Hon'ble High Court of Delhi vide order No. 439‑470/RG/DHC‑2021 dated 22.07.2021, matters are being taken up through video confer... |
id_579 | 0 | Present: Mr. R. S. Rai, Senior Advocate; Mr. Chetan Mittal, Senior Advocate; Mr. Pawan Narang, Advocate; Mr. Kunal Mulwani, Advocate; Mr. Gautam Dutt, Advocate; Mr. Mayank Aggarwal, Advocate; Mr. Udit Garg, Advocate; Mr. Arjun S. Rai, Advocate; Mr. Farhad Kohli, Advocate; Ms. Sukhriti Rai, Advocate for the petitioners;... |
id_58 | 0 | Writ Petition (Madras Division) Nos. 3893 and 3899 of 2024 filed by A. Abdul Malik. The respondents are: the District Collector, Office of the Collectorate, Sivagangai, Sivagangai District; the Superintendent of Police, Sivagangai District; the Revenue Divisional Officer, Sivagangai, Sivagangai District; the Tahsildar,... |
id_581 | 0 | The petitioners have instituted proceedings under Article 32 of the Constitution challenging the constitutional validity of the Electoral Bond Scheme which introduced anonymous financial contributions to political parties. The petitioners have also challenged the provisions of the Finance Act 2017 which, among other th... |
id_581 | 1 | The application shall be rejected if the application is not Know Your Customer compliant or if the application does not meet the requirements of the scheme. The bond issued is non‑refundable. The information furnished by the buyer is to be treated as confidential by the authorized bank. It shall be disclosed only when ... |
id_581 | 2 | The petitioners submitted that the presumption of constitutionality does not apply since the Scheme deals with the electoral process. The premise of the argument is that the presumption of constitutionality is based on the principle that the elected body must be trusted to make decisions and that principle should not b... |
id_581 | 3 | Justice M B Shah, writing for the majority, noted that the decision of the three‑Judge Bench in Association for Democratic Reforms (supra) tracing the right to know the antecedents of candidates contesting elections had attained finality and Section 33‑B was unconstitutional because it had the effect of rendering the j... |
id_581 | 4 | The total number of seats allotted to each State in Parliament should be such that the ratio between the number of seats, and the population of the State is the same for all States. Second, the Constitution ensures that socio‑economic inequality does not perpetuate political inequality by mandating reservation of seats... |
id_581 | 5 | For example, according to the Annual Report of the Prudent Electoral Trust for the financial year 2021-22, the Trust received contributions of a total of Rupees 4,64,83,00,116 from seventy contributors including individuals and companies. The contributions were unequally distributed to the Aam Aadmi Party, All India Co... |
id_581 | 6 | At the necessity stage, the Supreme Court of India would determine if non‑disclosure is the least restrictive means to give effect to the right to privacy. At the balancing stage, the Supreme Court of India would determine if non‑disclosure has a disproportionate effect on the right holder. In this analysis, the necess... |
id_581 | 7 | In E.P. Royappa v. State of Tamil Nadu, the Supreme Court of India expanded the ambit of Article 14 by laying down non‑arbitrariness as a limiting principle in the context of executive actions. Justice P.N. Bhagwati, speaking for the Bench, observed that equality is a dynamic concept with many aspects and dimensions wh... |
id_581 | 8 | The doctrine of manifest arbitrariness can be used to strike down a provision where the legislature fails to make a classification by recognizing the degrees of harm and the purpose is not in consonance with constitutional values. One of the reasons for which companies may contribute to political parties could be to se... |
id_581 | 9 | Notwithstanding anything contained in sub‑section (1), the contribution under this section shall not be made except by an account‑payee cheque drawn on a bank or an account‑payee bank draft or use of electronic clearing system through a bank account: Provided that a company may make contribution through any instrument,... |
id_581 | 10 | The State has contested the writ petitions primarily on three grounds. First, donors of a political party often apprehend retribution from other political parties or actors and therefore their identities should remain anonymous. The electoral bonds uphold the right to privacy of donors by providing confidentiality. Don... |
id_581 | 11 | The Election Commission of India issued guidelines dated 06.06.2014 whereby the trusts were required to specify and give full particulars to the Election Commission of India of the depositors with the trust and the amounts subsequently transferred as a contribution to the political party. The guidelines were issued by ... |
id_581 | 12 | This jurisprudential clash is visible in the various forms and structures of adoptions of proportionality. Generally, two models can be differentiated from works of jurists. Model I: Firstly, the traditional two stages of the means‑end comparison are applied. After ascertaining the legitimate purpose of the law, the ju... |
id_584 | 0 | Criminal Appeal No. 282/2023 Dated this the 3rd day of August 2023. This is an appeal filed under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Scheduled Castes and Scheduled Tribes Act for short), challenging the order dismissing CRMC No. ... |
id_586 | 0 | The petitioner is the first accused in Crime No. 6 of 2022 of the Crime Branch Police Station (hereinafter referred to as Crime No. 6 of 2022). This Criminal Miscellaneous Case No. 1106 of 2022 is filed for quashing all further proceedings pursuant to the FIR registered in the said case, which is produced as Annexure‑9... |
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