Mahajan J., as he then was, speaking for the Court in Chintaman Rao v. State of Madhya Pradesh, (1950) SCR 759 at page No. 763 succinctly defined the expression “reasonable restrictions” thus: “The phrase ‘reasonable restriction’ connotes that the limitation imposes on a person in enjoyment of the right should not be arbitrary or of an excessive nature, beyond what […]
Day: December 19, 2020
Meaning of Arrest Broadly speaking, arrests may be classified into two categories, namely, arrests under warrants issued by a Court and arrests otherwise than under such warrants. As to the first category of arrest, Ss. 75 to 86 collected under sub-heading “B-Warrant of Arrest” in Chap. 5, Criminal P.C. deal with arrests in execution of warrants issued by a Court […]
Agreement between India and Pakistan It is now a matter of history that serious riots of virulent intensity broke up in India and Pakistan in the wake of the partition of August 1947 resulting in a colossal mass exodus of Muslims from India to Pakistan and of Hindu and Sikhs from Pakistan to India. There were heart-rending tales if abduction […]
There is no question that “personal interest” within the meaning of the section is not limited to private interest, and that it may well include official interest also. But what is the extent of the interest which will attract the disability is a subject on which difference view are possible and have been taken. Section 556 itself indicates the […]
Pith and substance—Application of doctrine While ascertaining the validity of Statute the doctrine of pith and substance should be applied—Merely because a Statute incidentally trenches upon the matter outside the authorised field, it is not rendered invalid. Where there is a seeming conflict between an entry in List II and an entry in List I, an attempt should be made […]
The expression means a person, something more than merely accustomed to alcoholic drink—The term ‘addict’ however advised to be not used in medical certificate certifying the requirement for permit for alcoholic drink as the expression may be used to seek concession from the people that they are deviating from morality. The word “liquor” covers not only those alcoholic liquids which […]
S. 297(1) (a), Govt. of India Act, 1935, and it is contended that the prohibitions contained in the impugned Act in regard to the use, consumption, purchase, transport, possession and sale of intoxicating liquor will necessarily amount to prohibiting and restricting inter-provincial commerce, and inasmuch as they tend to stop and restrict entry into or export from the Province of […]
Original package On these considerations, there is really nothing else to be said on the question before us, but in view of the very great stress laid upon the American doctrine of “original package”, it seems necessary to deal with what that doctrine means and under what conditions it was evolved. The wide meaning of ‘import’ on which reliance on […]
Procedure It denotes the mode of proceeding by which a legal right is enforced as distinguished from the law that gives and defines the right—It is the mode in which successive steps in litigation, are taken. Ref: AIR 1951 SC 253 : (1951) SCR 474 ~
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