Article 215 of the Constitution of India states that every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself. Section 10 of the Contempt of Courts Act reads thus: Every High Court shall have and exercise the same …
Can High Court Initiate Contempt Proceedings For Alleged Contempt Of Supreme Court? Read More »
A fundamental right under Article 21 can be enforced even against persons other than the State or its instrumentalities. Article 21 right is available not only to citizens but to all persons. This Court has interpreted ‘the right to life’ to include, (i) livelihood; (ii) all those aspects of life which go to make a …
The Constitution Bench of the Supreme Court in Kaushal Kishore vs State of Uttar Pradesh unanimously held that “a fundamental right under Article 19/21 can be enforced even against persons other than the State or its instrumentalities”. The court also observed as follows: The rights conferred by Articles 15(2)(a) and (b), 17, 20(2), 21, 23, …
In Kaushal Kishore vs. State of UP, the Supreme Court held that a fundamental right under Article 19/21 can be enforced even against persons other than the State or its instrumentalities.
The Supreme Court in Radhey Shyam vs Chabbi Nath held that judicial orders of civil court are not amenable to writ jurisdiction under Article 226 of the Constitution of India. So if a judicial order is not appealable or revisable, one can only invoke the ‘supervisory jurisdiction’ of the High Court by filing a petition under Article 227 …
Can A Writ Petition Be Filed Against A Judicial Order Passed By A Criminal Court? Read More »
Hans Muller Of Nurenburg vs Superintendent, Presidency Jail 1955 AIR 367, 1955 SCR (1)1284 : Article 21 guarantees the protection of personal liberty to citizen and foreigner alike. No person can be deprived of his personal liberty “except according to procedure established by law”, Louis De Raedt v. Union of India [1991] 3 SCC 554 : The fundamental right of the foreigner …
In Gambhirdan K Gadhvi Vs. State of Gujarat (2022) 5 SCC 179, the Supreme Court, referring to an earlier judgment in Retd. Armed Forces Medical Association and Ors. Vs. Union of India & Ors., (2006) 11 SCC 731, observed that strict rules of locus standi are relaxed to some extent in a quo warranto proceedings. …
Writ Of Quo Warranto & Relaxed Rules Of Locus Standi Read More »
Overruling its earlier view in Surya Dev Rai vs. Ram Chander Rai, the Supreme Court (three judges bench) in Radhey Shyam vs. Chhabbi Nath, AIR 2015 SC 3269 :: (2015) 5 SCC 423., held that judicial orders of civil courts are not amenable to a writ of certiorari under Article 226. This judgment referred to observations …
1. Jose Paulo Coutinho v. Maria Luiza Valentina Pereira (2019) 20 SCC 85 It is interesting to note that whereas the founders of the Constitution in Article 44 in Part IV dealing with the Directive Principles of State Policy had hoped and expected that the State shall endeavour to secure for the citizens a Uniform …
10 Supreme Court Judgments On Uniform Civil Code Read More »