Constitution of India, 1950; Article 341- The list specified under the Notification under Clause-1 can be amended, altered only by law made by Parliament and, second, it prohibits that but for a law made by Parliament a notification issued under sub-Clause-1 cannot be varied by any subsequent notification. That is to say that neither the …
Constitution of India, 1950; Article 19(1)(a)- The freedom under Article 19(1)(a), that is the creative freedom of the filmmaker cannot include the freedom to lampoon, stereotype, misrepresent or disparage those already marginalised – if the overall message of the work infringes the rights of persons with disabilities, it is not protected speech, obviating the need …
Chartered Accountants Act, 1949 – Guideline restricting the number of tax audits that a Chartered Accountant could carry out which was initially thirty and later raised to forty-five and thereafter to sixty in an assessment year- Clause 6.0, Chapter VI of the Guidelines dated 08.08.2008 and its subsequent amendment is valid and is not violative …
Constitution of India, 1950; Article 300A – Right To Property -The binary reading of the constitutional right to property must give way to more meaningful renditions, where the larger right to property is seen as comprising intersecting sub-rights, each with a distinct character but interconnected to constitute the whole. These sub-rights weave themselves into each …
Constitution of India, 1950; Article 227 – No intra-court appeal could have been preferred against an order passed by the Single Judge on a petition filed under Article 227 of the Constitution of India. (Para 11)
Precedent– Ignoring the law laid down by the Constitution Bench of this Court in Bhagat Ram and taking a view totally contrary to the same itself would amount to a material error, manifest on the face of the order. Ignoring the judgment of the Constitution Bench, in our view, would undermine its soundness. (Para 58) …
Karnail Singh vs State Of Haryana 2024 INSC 424 – Review Powers – Precedent Read More »
Constitution of India, 1950; Article 12,226– Whether Air India Limited after having been taken over by a private corporate entity could have been subjected to writ jurisdiction of the High Court? AIL, the erstwhile Government run airline having been taken over by the private company Talace India Pvt. Ltd., unquestionably, is not performing any public …
Constitution of India, 1950; Article 300A – The right to property ceased to be a fundamental right by the Constitution (Forty-Fourth Amendment) Act, 1978, however, it continued to be a human right in a welfare State, and a constitutional right under Article 300-A of the Constitution. Article 300-A provides that no person shall be deprived …
Constitution of India, 1950; Article 22(1) – Any person arrested for allegation of commission of offences under the provisions of UAPA or for that matter any other offence(s) has a fundamental and a statutory right to be informed about the grounds of arrest in writing and a copy of such written grounds of arrest have …
Constitution of India, 1950; Article 226 – Disputes arising out of purely contractual obligations cannot be entertained by the High Court in exercise of the extra ordinary writ jurisdiction. In the case of Union of India and Ors. v. Puna Hinda (2021) 10 SCC 690 – In this case, the relief which was sought by …
Municipal Comittee Katra vs Ashwani Kumar 2024 INSC 398 – Writ Jurisdiction Read More »