Constitution of India

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 […]

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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

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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

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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

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Art 226(2) of the Constitution of India- whether the orders/directions passed by the High Court against Union of India would have effect within territorial jurisdiction of the court or it will have pan India effect

Held that the High Court exercises its jurisdiction only over state(s) of which it is a High court. It has no jurisdiction for the rest of the country. (2020) 5 SCC 201- Union of India and others v. R. Thiyagarajan

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Right to food

Arts. 21 , 14, 38, 39, 47, and 51(c ) -Right to food – The apex court had on October 18 favored setting up of community kitchens, saying the country needs this kind of system to tackle the problem of hunger . Further default by states in not filing affidavit to incur additional costs of

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Constitution of India-Discretionary powers of Supreme Court under Article 137 of Constitution of India for review petition

Hearing of review petition in open court in the case of Nirbhaya gang rape case declined. Held, that the order of which review has been sought, does not suffer from any error apparent warranting its reconsideration. Review petition dismissed. (2020) 3 SCC 239- Pawan Kumar Gupta v State (NCT of Delhi)

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