Art. 21 — “Victim” of crime
Scope of rights of “victim” of crime, to participate in criminal proceedings, at various stages, including at stage of bail proceedings, particularly after insertion of S. 2(wa) vide CrPC Amendment…
Arts. 226 and 227 — Binding effect of Law declared by High Court
There is primacy of orders of High Court over those of statutory tribunals in case of conflicting orders. Law declared by the High Court in the State is binding on…
Art. 226 — Writs — Habeas corpus — Custody of minor upon death of both parents
Independent income, younger age and/or bigger family of maternal aunt cannot be sole criteria to tilt balance and deny custody to grandparents when capacity and/or ability of grandparents to take…
Art. 15(3)- DV Act being a piece of civil code applicable to every woman irrespective of her religious affiliation
In order to protect women victims of domestic violence occurring in a domestic relationship, the expression “joint family” in the DV Act, held, cannot be restricted to its meaning as…
Arts. 300-A and 31 — Expropriation of private property by State — Entitlement of Compensation
State on ground of delay and laches cannot evade its legal responsibility towards those from whom private property has been expropriated. While the right to property is no longer a…
Constitution of India — Art. 226 — Scope of interference in Long-standing practice in service matters
Long practice which was being followed, if not contrary to law, must be given its true importance and ordinarily is not to be interfered with in exercise of power of…
Constitution of India — Arts. 21, 32 and 226 — Constitutional/Public Law Torts/Public Safety — Violation of life and personal liberty
Fire accident resulting in death and injuries, thus joint and several liability of A) private organisers of the event for failure to take adequate safety precautions and vicarious liability of…
Constitution of India — Art. 136 — Appeal against acquittal
Held, having reappreciated the evidence of the witnesses, we find that the high Court was justified in reversing the judgement of conviction and sentencing the two of the accused with…
Constitution of India — Art. 226 — Exercise of review jurisdiction — Necessity of Proper mode of Reasoned order
It is necessary for reviewing Court to demonstrate the error(s) apparent on the face of the record which warranted the review, with reasons. In the present case, except stating that…
Constitution of India — Art. 226 — Scope of interference in Long-standing practice in service matters:
Long practice which was being followed, if not contrary to law, must be given its true importance and ordinarily is not to be interfered with in exercise of power of…