KEYWORDS:- RELIGIOUS CONVERSION-Scheduled Castes- AIR 1965 SC 1179 : (1965) 1 SCR 849 (SUPREME COURT OF INDIA) Punjabrao Appellant Versus DR. D. P. Meshram and others Respondent (Before : P. B. Gajendragadkar, […]
Keywords :Basic structure identified- DATE : 30-10-1964 Sajjan Singh and others vs The State of Rajasthan As long as the words ‘sovereign democratic republic’ are there, could the Constitution be amended so as […]
A person aggrieved by the order of a Tribunal can challenge the findings by a writ petition before High Court: SC on Assam Citizenship Case
MAY 17, 2019.-Abdul Kuddus Vs. Union of India and Others – where the issue and question of nationality has already been determined under the 1964 Order, an appeal would not be maintainable under paragraph 8 of the Schedule to the 2003 Rules. The determination would be final and binding on the Registering Authority under the Schedule and the Local Registrar. Paragraph 8 does not envisage and provide for a second round of litigation before the same authority i.e. the Foreigners Tribunal constituted under the 1964 Order on and after preparation of the final list. Provisions of paragraph 8 of the Schedule to the 2003 Rules will apply when there has not been an earlier adjudication and decision by the Foreigners Tribunal.
NINTH SCHEDULE (Article 31B) 1. The Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950). 2. The Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act LXVII of 1948). 3. The […]
A mutt in Hindu Law is a judicial person capable of holding and vindicating legal rights, through the medium of human agency: SC
The property belonging to a math is in fact attached to the office of the mahant, and passed by inheritance to no one who does not fill the office. The head of […]
How can there be a rule of law society if members, bulk of whom are poor and unable to decode law to obey it? SC
The rule of law is the cornerstone of democracy and how can there be a rule of law society if the members, the bulk of whom are too poor to buy legal […]
Supreme Court recommend the Union of India to seriously consider bringing an amendment in the Hindu Marriage Act, 1955 to incorporate irretrievable breakdown of marriage as a ground for the grant of […]
Whether refusal to have sexual intercourse for a long time without sufficient reason itself amounts to mental cruelty? SC Yes
Samar Ghosh vs Jaya Ghosh
This Court held that a writ of certiorari can be issued for correcting errors of jurisdiction committed by inferior courts or tribunals. It was further held that jurisdiction of High Court under Article 226 to issue a writ of certiorari is a supervisory jurisdiction and the High Court exercising it is not entitled to act as an appellate court.
[Prevention of Cow slaughter Rules] Published vide Notification No. 248/12-E – 37-55, dated June 24, 1964, published in U.P. Gazette, Part 1-A, dated July 4, 1964, page 1424 In exercise of the […]
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.10972 OF 2013 (Arising out of SLP (C) No.15436 of 2009) Suresh Kumar Koushal & Anr vs Naz Foundation & Ors Decided on: […]
We conclude that the National Commission has jurisdiction to decide the dispute between the parties and it is a Court and that there was deficiency in service by the Appellant-carrier.
State of West Bengal and ORS Vs The Committee for Protection of Democratic Rights, West Bengal and ORS [ ALL SC 2010 FEBRUARY]
It may not be out of place to mention that in so far as this Court is concerned, apart from Articles 32 and 142 which empower this Court to issue such directions, as may be necessary for doing complete justice in any cause or matter, Article 144 of the Constitution also mandates all authorities, civil or judicial in the territory of India, to act in aid of the orders passed by this Court.
Hyderabad Jagirdars Debt Settlement Act, 1952—Sections 11 and 25—Mortgage executed in favour of bank. AIR 1972 SC 1053 : (1972) 3 SCR 157 : (1972) 1 SCC 530
whether the Industrial Tribunal, when it declined to grant the permission asked for by the appellant, has in any manner acted contrary to the principles referred to by Mr. Anand and set out above.
The question whether free and fair election is possible to be held or not has to be objectively assessed by the Election Commission by taking into consideration all relevant aspects. Efforts should be to hold the election and not to defer holding of election.
whether the dissolution of Assembly under Article 356(1) of the Constitution of India can be ordered to prevent the staking of claim by a political party on the ground that the majority has been obtained by illegal means.
In the writ petition, there is a further challenge to the amendments in Sections 59, 94 and 128 of the RP Act, 1951 by which Open Ballot System is introduced which, according to the petitioner, violates the principle of ‘secrecy’ which, according to the petitioner, is the essence of free and fair elections as also the voter’s freedom of expression which is the basic feature of the Constitution and the subject matter of the fundamental right under Article 19(1)(a) of the Constitution.
Decided on: 10 January, 2005 BENCH: N. Santosh Hegde & S.B. Sinha SUPREME COURT OF INDIA Board Of Control For Cricket, vs Netaji Cricket Club & Ors (Arising out of SLP (C) Nos. […]
all cases where the Section 34 petition is filed after the commencement of the Amendment Act, and an application for stay having been made under Section 36 therein, will be governed by Section 34 as amended and Section 36 as substituted. But, what is to happen to Section 34 petitions that have been filed before the commencement of the Amendment Act, which were governed by Section 36 of the old Act? Would Section 36, as substituted, apply to such petitions? To answer this question, we have necessarily to decide on what is meant by “enforcement” in Section 36. On the one hand, it has been argued that “enforcement” is nothing but “execution”, and on the other hand, it has been argued that “enforcement” and “execution” are different concepts, “enforcement” being substantive and “execution” being procedural in nature.