Orders to Remove Online Content must be Necessary and Proportional
The Supreme Court held that Courts can direct media organisations to take down online content about an ongoing case only when it poses a real and substantial risk to the…
Arrest under PMLA cannot Violate Fundamental Rights
The Supreme Court held that not presenting a person taken into custody by the Enforcement Directorate (ED) for a crime under the Prevention of Money Laundering Act, 2002, within 24 hours…
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…
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…
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…
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…
Constitution of India — Art. 137 — Power of review
A power to review cannot be exercised as an appellate power and has to be strictly confined to the scope and ambit of Order XLVII Rule 1 CPC. An error…
Constitution of India — Arts. 161 to 163 — Scheme
Governor in exercise of powers under Art. 161, held, is bound by advice of State Cabinet in matters relating to commutation and remission of sentences. The Appellant was 19 years…
Constitution of India — Art. 136 — Maintainability on SLP
In this case, SLP against order of High Court after earlier SLP against same order was withdrawn without any liberty to file a fresh SLP, but with liberty to pursue…
Constitution of India — Art. 226(2) — Maintainability of writ petition — Territorial jurisdiction
Principles clarified relating to applicability of fundamental principle while dealing with an objection as to lack of territorial jurisdiction to entertain writ petition on the ground that the cause of…