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Advocatetanmoy

Advocate, adviser and educator

CHAMPALAL BHUDARMAL JAIN Vs. STATE OF WEST BENGAL

West Bengal Maintenance of Public Order Act, 1972 – “We hold that bail is neither prospective nor retrospective; neither anticipatory nor suspended; neither potential nor deferred; but by its , very nature is certainly kinetic, calling for expedition and taking effect immediately, from the point of. time when it is granted, subject only to the time taken for furnishing the requisite bonds and in accepting the same” – CHC

Satyagraha: the meaning of

Hidayatullah C. J. in Dr. Ram Manohar Lohia Vs. State of Bihar and Others, The last ground is based on “Mass Satyagraha”. The term Satyagraha has been defined in Webster’s “Twentieth Century […]

Magistrates should not call police officers to their Courts if not required, only to show their power: DHC

03-10-2007 -COMMISSIONER OF POLICE AND OTHERS Vs. MANOJ SHARMA AND ANOTHER – An unlawful assembly is unlawful assembly irrespective of the fact whether the people have assembled for a good cause or a bad cause. Neither there is a golden scale of quantum of force to be used, nor such a yardstick can be laid down by the Courts. The quantum of force to be used has to be determined by the officer concerned, the Court cannot substitute its own opinion or decision about the quantum of force which should have been used – DHC

Seema Sarkar Vs. Executive Officer and Ors.

May 01, 2019 – The Member of Parliament cannot be treated at par with an elected member of the Panchayat Samity for the purpose of removal of Pramukh and Uppramukh. In the relevant Rules and Regulations in relation to a motion of no confidence wherever the word ‘member’ is used, it would only mean elected members and not nominated members even though such nominated member may have a right to vote in other proceedings [SC]