Constitution of India

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 »

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 action has not arisen within its jurisdiction, namely, that High Court essentially has to arrive at a conclusion on the basis of the averments made

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Constitution of India — Arts. 32, 14, 19 and 21 — Maintainability of Challenge to judgment of Supreme Court

Writ petition maintainable on the ground that earlier judgment does not lay down the correct law-though the concept of finality of judgment has to be preserved, at the same time, the principle of ex debito justitiae cannot be given a go-bye. If the Court finds that the earlier judgment does not lay down a correct

Constitution of India — Arts. 32, 14, 19 and 21 — Maintainability of Challenge to judgment of Supreme Court Read More »

Constitution of India — Articles 21, 25 and 29 of the Constitution

Instant case was filed to direct the government to find out original names of ‘ancient historical cultural religious places’, named after barbaric foreign invaders and publish the initial names of ancient historical cultural religious places, which were renamed by barbaric foreign invaders. It was stated that the country is celebrating the 75th Anniversary of Independence

Constitution of India — Articles 21, 25 and 29 of the Constitution Read More »

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