Section 377 of Indian Penal code, so far as it criminalises even consensual sexual acts between competent adults, fails to make a distinction between non-consensual and consensual sexual acts of competent adults in private space which are neither harmful nor contagious to the society Section 377 of the Indian Penal Code has been declared unconstitutional… Read More Sexual Right of the LGBT Community recognised by Indian Supreme Court
The said suit, wherein the validity of the sale deed executed in favour of the appellant by Avarani Bose is questioned, has been pending without a decision for more than a decade. The first respondent has not even chosen to appear in this appeal nor explained the delay in securing probate, thereby lending credence to… Read More When the right of an executor or a legatee under a Will can be established
“For a boy so young in years, these and other expressions suggesting a deep rooted dislike for the father could arise only because of a constant hammering of negative feeling in him against his father”
JULY 17, 2018 16:27 IST CHIEF JUSTICE’S COURT W.P.(C) No. 373/2006 PIL-W INDIAN YOUNG LAWYERS ASSOCIATION AND ORS. R. P. GUPTA Versus THE STATE OF KERALA AND ORS CONSTITUTION BENCH COMPRISING HONBLE THE CHIEF JUSTICE, HONBLE ROHINTON FALI NARIMAN, HONBLE A.M. KHANWILKAR, HONBLE DR. D.Y. CHANDRACHUD AND HONBLE INDU MALHOTRA, JJ. While reserving the Judgment by Supreme… Read More Supreme Court may declare that Section 377 violated the right of sex under Article 21 of the LGBTQ community – Govt posed Stoic silence !
SUPREME COURT in Harish Uppal v. Union of India held as under: “34. One last thing which must be mentioned is that the right of appearance in courts is still within the control and jurisdiction of courts. Section 30 of the Advocates Act has not been brought into force and rightly so. Control of conduct in court… Read More Within the Court, the right of audience of an advocate is to be regulated by the Court itself
In 1978(2) SCC 424 Nandini Satpathy Vs. P.L. Dani Hon’ble Supreme Court laid down following guidelines about Right of accused to consult Advocate. “(a) Under Article 22(1), the right to consult an advocate of his choice shall not be denied to any person who is arrested. Articles 20(3) and 22(1) may be telescoped by making it prudent… Read More Right of the Accused Person in India
Smt. Nilabati Behera alieas Lalita Behera Vs. State of Orissa and others, (1993) ACJ 787 : AIR 1993 SC 1960 : (1993) 76 CLT 98 : (1993) CriLJ 2899 : (1993) 2 JT 503 : (1993) 2 SCALE 309 : (1993) 2 SCC 746 : (1993) 2 SCR 581 Khatri and Others Vs. State of… Read More Refererral cases on human rights jurisprudence
BUT the right to strike is not absolute under our industrial jurisprudence and restrictions have been placed on it. These are to be found in Sections 10(3), 10A(4A), 22 and 23 of the Industrial Disputes Act, 1947 (‘ID. Act’ for short). Section 10(3) empowers the appropriate Government to prohibit the continuance of a strike if it is in connection with a dispute referred to one of the foray created under the said statute. Section 10A(4A) confers similar power on the appropriate Government where the industrial dispute which is the cause of the strike is referred to Arbitration and a notification in that behalf is issued u/s 10(3A)… Read More Right to Strike in an Industry
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.… Read More State of West Bengal and ORS Vs The Committee for Protection of Democratic Rights, West Bengal and ORS [ ALL SC 2010 FEBRUARY]
Refer West Bengal Land Reform Manual 56. (i) Mutation, meaning substitution of the name of a person by the name of another in the record-of-rights, may be done by a prescribed authority under section 50 of the West Bengal Land Reforms Act, 1955. (ii) Mutation is done on the following grounds : a) Transfer by… Read More Mutation of Names in Record of Rights under West Bengal Land Reform Act
1. Procedure for revision or preparation of record-of-rights.— When an order has been made under section 51 directing that a record-of-rights be revised or prepared by a Revenue Officer in respect of the land of any district or part thereof the record-of-rights shall be revised or prepared by the following processes, namely: (i) Traverse survey;… Read More Procedure for revision or preparation of record-of-rights under West Bengal land reform Act
The rights of a foreigner in India has also been considered by the Supreme Court in relation to Article 19 and it was held that Article 19(1)(d) and (e) are unavailable to foreigners and no provisions of Article 14 can be invoked to obtain the fundamental right to a foreigner as held by the Supreme… Read More The rights of a foreigner in India
Foreigners Act confers power on the Central government to expel foreigners from India. This power with the Central Government is absolute and unfettered. There is no provision in the Constitution fettering the discretion of the Central Government.
MARY ANNE SAUSE v. TIMOTHY J. BAUER, ET AL. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT No. 17–742. Decided June 28, 2018 There can be no doubt that the First Amendment protects the right to pray. Prayer unquestionably constitutes the “exercise” of religion. At the same time,… Read More USA Supreme Court issued writ of certiorari to protect the right to the free exercise of religion