Constitution Of India

Awungshi Chirmayo vs Government of NCT of Delhi 2024 INSC 249 – CBI Investigation

March 24, 2024 / By

Constitution of India, 1950; Article 32, 226 – CBI Investigation – Circumstances under which the Constitutional Courts would be empowered to issue directions for CBI enquiry to be made – Referred to State of West Bengal and Others vs Committee for Protection of Democratic Rights, West Bengal and others (2010) 3 SCC 571 : the …

Awungshi Chirmayo vs Government of NCT of Delhi 2024 INSC 249 – CBI Investigation Read More »

Mohan Hirachand Shah vs Geeta Kumarchand Shah 2024 INSC 222 – Pleadings – SLP Scope

March 23, 2024 / By

Pleadings – In absence of pleading, any amount of evidence will not help the party – Referred to Biraji @ Brijraji and Anr. v. Surya Pratap (2020) 10 SCC 729,Bachhaj Nahar v. Nilima Mandal (2008) 17 SCC 491, Ram Sarup Gupta (Dead) by LRs v. Bishun Narain Inter College (1987) 2 SCC 555 and Anathula …

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Somnath vs State Of Maharashtra 2024 INSC 232 – High Handed Acts By Police – Art. 226 Constitution – Power To Award Compensation

March 24, 2024 / By

Summary: In this case, the accused was allegedly taken out of the lock-up in handcuffs and paraded half-naked with garland of footwear around his neck and is said to have been verbally abused with reference to his caste as also physically assaulted – Disposing appeal against HC judgment that ordered compensation to accused, SC directed: …

Somnath vs State Of Maharashtra 2024 INSC 232 – High Handed Acts By Police – Art. 226 Constitution – Power To Award Compensation Read More »

Devu G Nair vs State of Kerala 2024 INSC 228 – Guidelines For Courts Dealing With Habeas Corpus Petitions Or Petitions For Police Protection

March 20, 2024 / By

Guidelines for the courts in dealing with habeas corpus petitions or petitions for police protection : a. Habeas corpus petitions and petitions for protection filed by a partner, friend or a natal family member must be given a priority in listing and hearing before the court. A court must avoid adjourning the matter, or delays …

Devu G Nair vs State of Kerala 2024 INSC 228 – Guidelines For Courts Dealing With Habeas Corpus Petitions Or Petitions For Police Protection Read More »

Sri Pubi Lombi vs State Of Arunachal Pradesh 2024 INSC 200 :: [2024] 3 S.C.R. 407 – Judicial Review Of Transfer Orders

April 4, 2024 / By

Constitution of India, 1950; Article 226 – Service Law – Transfer Orders – The scope of judicial review is only available when there is a clear violation of statutory provision or the transfer is persuaded by malafide, non-observation of executive instructions does not confer a legally enforceable right to an employee holding a transferable post- …

Sri Pubi Lombi vs State Of Arunachal Pradesh 2024 INSC 200 :: [2024] 3 S.C.R. 407 – Judicial Review Of Transfer Orders Read More »

AK Sarkar & Co vs State Of West Bengal 2024 INSC 186 :: [2024] 3 S.C.R. 356 – Article 20 Constitution

April 4, 2024 / By

Constitution of India, 1950; Article 20 – A person cannot be punished for an offence which was not an offence at the time it was committed, nor can he be subjected to a sentence which is greater than the sentence which was applicable at the relevant point of time. All the same, the above provision …

AK Sarkar & Co vs State Of West Bengal 2024 INSC 186 :: [2024] 3 S.C.R. 356 – Article 20 Constitution Read More »

Javed Ahmad Hajam vs State of Maharashtra 2024 INSC 187 :: [2024] 3 S.C.R. 317 – Fundamental Right To Protest/Dissent

April 4, 2024 / By

Constitution Of India, 1950 ; Article 19(1)(a) – The right to dissent in a legitimate and lawful manner is an integral part of the rights guaranteed under Article 19(1)(a). Every individual must respect the right of others to dissent. An opportunity to peacefully protest against the decisions of the Government is an essential part of …

Javed Ahmad Hajam vs State of Maharashtra 2024 INSC 187 :: [2024] 3 S.C.R. 317 – Fundamental Right To Protest/Dissent Read More »

Travancore Devaswom Board vs Ayyappa Spices 2024 INSC 183 :: [2024] 3 S.C.R. 363 – Judicial Review- Tender –

April 4, 2024 / By

Judicial Review- Tender – In cases where a party invoking writ jurisdiction has been a participant in the tender process, courts should be slow and cautious in exercising the power of judicial review – constitutional courts should exercise caution while interfering in contractual and tender matters, disguised as public interest litigations – High Court should …

Travancore Devaswom Board vs Ayyappa Spices 2024 INSC 183 :: [2024] 3 S.C.R. 363 – Judicial Review- Tender – Read More »

Sita Soren vs Union Of India 2024 INSC 161 :: [2024] 3 S.C.R. 462 -Cash For Votes – Immunity Of Legislators

April 4, 2024 / By

Constitution of India, 1950; Article 105(2) and 194(2) – P.V. Narasimha Rao vs. State (CBI/SPE) [1998] 2 S.C.R. 870 overruled. (7-0) : The judgment of the majority in PV Narasimha Rao, which grants immunity from prosecution to a member of the legislature who has allegedly engaged in bribery for casting a vote or speaking has …

Sita Soren vs Union Of India 2024 INSC 161 :: [2024] 3 S.C.R. 462 -Cash For Votes – Immunity Of Legislators Read More »

State of Punjab vs Gurpreet Singh 2024 INSC 154 – Article 136 Constitution – Criminal Appeal – Close Relative Witness – FIR

March 1, 2024 / By

Constitution of India, 1950; Article 136 – Criminal Appeal – Once the appellate court acquits the accused, the presumption of innocence as it existed before conviction by the Trial Court, stands restored, and this Court, while scrutinizing the evidence, will proceed with great circumspect and will not routinely interfere with an order of acquittal, save …

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