CIVIL, constitution

Smt. K.A. Annamma Vs. The Secretary, Cochin Co-operative Hospital Society Ltd [SC 2018 January]

KEYWORDS:- Cooperative Society- state act vs central act- DATE :- January 12, 2018- If any inconsistency or/and repugnancy is noticed between the provisions of the Central and the State Act, which has resulted in their direct head on collusion with each other which made it impossible to reconcile both the provisions to remain in operation inasmuch as… Continue reading Smt. K.A. Annamma Vs. The Secretary, Cochin Co-operative Hospital Society Ltd [SC 2018 January]

CIVIL, constitution

Complete Justice under Articles 136 and 142 by Indian Supreme Court

N. Suriyakala v. A. Mohandoss & Ors Tirupati Balaji Developers (P) Ltd. & Ors. v. State of Bihar & Ors. State of Maharashtra v. Champalal Punjaji Shah Gopal & Ors. v. State of T.N Kunhayammed & Ors. v. State of Kerala & Anr Manohar Lal Sharma v. Principal Secy & Ors Shahid Balwa v. Union of India & Ors… Continue reading Complete Justice under Articles 136 and 142 by Indian Supreme Court

CIVIL, constitution

THE CONSTITUTION OF THE PEOPLE’S REPUBLIC OF BANGLADESH

    1[ BISMILLAH-AR-RAHMAN-AR-RAHIM] (In the name of Allah, the Beneficient, the Merciful)/ In the name of the Creator, the Merciful.] PREAMBLE We, the people of Bangladesh, having proclaimed our independence on the 26th day of March, 1971 and through 2[ a historic struggle for national liberation], established the independent, sovereign People's Republic of Bangladesh; 3[ Pledging that the high ideals… Continue reading THE CONSTITUTION OF THE PEOPLE’S REPUBLIC OF BANGLADESH

CIVIL, constitution

Nikesh Tarachand Shah Vs. Union of India & ANR.[SC 2017 November]-(Challenging Statute)

KEYWORDS: money-laundering-constitutional validity  we declare Section 45(1) of the Prevention of Money Laundering Act, 2002, insofar as it imposes two further conditions for release on bail, to be unconstitutional as it violates Articles 14 and 21 of the Constitution of India. All the matters before us in which bail has been denied, because of the presence… Continue reading Nikesh Tarachand Shah Vs. Union of India & ANR.[SC 2017 November]-(Challenging Statute)

CIVIL, constitution

State of Tripura & Ors. Vs. Jayanta Chakraborty & Ors.[SC 2017 November]

Keywords: Test of Backwordness Case Referred to Constitution Bench Date: November 14, 2017 Act : Constitution of India SUPREME COURT OF INDIA State of Tripura & Ors. Vs. Jayanta Chakraborty & Ors. [Civil Appeal No(S). 4562-4564 of 2017] [CONMT.PET.(C) No. 11/2017 In SLP (C) No. 19765/2015 @ SLP(C) Nos.19765-19767/2015] [CONMT.PET.(C) No. 13/2017 In SLP (C)… Continue reading State of Tripura & Ors. Vs. Jayanta Chakraborty & Ors.[SC 2017 November]

CIVIL, constitution

Tarapada De and others Versus The State of West Bengal[SC 1951 January]

Keywords: Preventive Detention-subjective satisfaction AIR 1951 SC 174 : (1951) SCR 212 : (1951) CriLJ SC 400 (SUPREME COURT OF INDIA) Tarapada De and others Appellant Versus The State of WEST BENGAL Respondent (Before : M. H. Kania, C.J.I., Saiyid Fazl Ali, M. Patanjali Sastri, B. K. Mukherjea, S. R. Das And N. Chandrasekhara Aiyar,… Continue reading Tarapada De and others Versus The State of West Bengal[SC 1951 January]

CIVIL, constitution

The State of Bombay Versus Atma Ram Shridhar Vaidya [SC 1951 JANUARY]

Keywords: Preventive Detention AIR 1951 SC 157 : (1951) SCR 167 : (1951) CriLJ SC 373 (SUPREME COURT OF INDIA) The State of Bombay Appellant Versus Atma Ram Shridhar Vaidya Respondent (Before : M. H. Kania, C.J.I., Saiyid Fazl Ali, M. Patanjali Sastri, B. K. Mukherjea, S. R. Das And N. Chandrasekhara Aiyar, JJ.) Case… Continue reading The State of Bombay Versus Atma Ram Shridhar Vaidya [SC 1951 JANUARY]

CIVIL, constitution

Keshavan Madhava Menon Versus The State of Bombay [SC 1951 January]

KEYWORDS: FREEDOM OF SPEECH AIR 1951 SC 128 : (1951) SCR 228 : (1951) CriLJ SC 860 (SUPREME COURT OF INDIA) Keshavan Madhava Menon Appellant Versus The State of Bombay Respondent (Before : M. H. Kania, C.J.I., Saiyid Fazl Ali, M. Patanjali Sastri, Mehr Chand Mahajan, B. K. Mukherjea, S. R. Das And N. Chandrasekhara… Continue reading Keshavan Madhava Menon Versus The State of Bombay [SC 1951 January]

CIVIL, constitution

Power of the High Court under Article 227 of Constitution

State vs. Navjot Sandhu @ Afshan Guru, reported in (2003) 6 SCC 641, points out that in para 22 of the this decision, the Supreme Court has held that the High Court can exercise its power of judicial review in criminal matters and that Article 227 does not only confer power of superintendence of administrative nature on the High… Continue reading Power of the High Court under Article 227 of Constitution

constitution

T. R. Kothandaraman Versus TAMIL NADU Water Supply and Drainage BD and others [SC-1994]

Keywords:- Social justice The right which has been conferred by one hand cannot be taken away by another; nor can the right be converted to a husk. The golden triangle of our Constitution is composed of Arts. 14, 19 and 21. Incorporation of such a trinity in our paramount parchment is for the purpose of… Continue reading T. R. Kothandaraman Versus TAMIL NADU Water Supply and Drainage BD and others [SC-1994]

constitution

Maharashtra Forest Guards and Foresters Union Vs. State of Maharashtra and Others [SC-2017]

Keywords:- Class within Class- Unequality- equal opportunity Introducing an additional restriction of graduation for participation in the LDCE without there being any quota reserved for graduates will be discriminatory and violative of Articles 14 and 16 of the Constitution of India since it creates a class within a class. The merit of the 25 percent… Continue reading Maharashtra Forest Guards and Foresters Union Vs. State of Maharashtra and Others [SC-2017]

constitution

Inconsistent Laws shall not to be enacted under Indian Constitution

Keywords: Definition of Law 13. Laws inconsistent with or in derogation of the fundamental rights (1)  All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Pan, shall, to the extent of such inconsistency, be void. (2) The… Continue reading Inconsistent Laws shall not to be enacted under Indian Constitution

constitution

The Definition of State in Indian Constitution

12. Definition In this part, unless the context otherwise requires, “the State” includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. The Concept Dr. B.R. Ambedkar explaining… Continue reading The Definition of State in Indian Constitution

constitution

Puranlal Lakhanpal Vs President of India and others Respondent[SC 1961]

Keywords-Modification The President had the power to make the modification which he did in Art. 81 of the Constitution (SUPREME COURT OF INDIA) (Before : P. B. Gajendragadkar, A. K. Sarkar, K. N. Wanchoo, K. C. Das Gupta And N. Rajagopala Ayyangar, JJ.) Writ Petition. No. 139 of 1957, Decided on : 30-03-1961. Constitution of… Continue reading Puranlal Lakhanpal Vs President of India and others Respondent[SC 1961]

constitution, POLITICAL DOCUMENTS

Constitution of the United States of America[1787]

  Preamble We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. Article… Continue reading Constitution of the United States of America[1787]

constitution

Fundamental rights under Constitution of Pakistan 1973

Article 7. Definition of the State In this Part, unless the context otherwise requires, "the State" means the Federal Government,  Majlis-e-Shoora (Parliament), a Provincial Government, a Provincial Assembly, and such local or other authorities in Pakistan as are by law empowered to impose any tax or cess. Chapter 1: Fundamental Rights 8. Laws inconsistent with… Continue reading Fundamental rights under Constitution of Pakistan 1973

CIVIL, constitution

Supreme Judicial Council Pakistan

Keywords: Appointment of Judges- Investigation Supreme Judicial Council (Investigating Body) The Supreme Judicial Council is comprised of the Chief Justice of Pakistan as Chairman, two most senior Judges of the Supreme Court and two most senior Chief Justices of High Courts as members. The Registrar, Supreme Court of Pakistan acts as its Secretary. On a… Continue reading Supreme Judicial Council Pakistan

constitution

Executive Power of the Union

There exist difficulties to frame an exhaustive definition or listing of what executive function means and implies. Ordinarily, the executive power connotes the residue of governmental functions that remain after legislative and judicial functions are taken away subject, of course, to the provisions of the Constitution or of any law. The executive function comprises both the determination of… Continue reading Executive Power of the Union

constitution

The State of Bombay Vs Narottamdas Jethabhai and another

1950-Interpretation of statute ⇒ The doctrine of pith and substance postulates, for its application, that the impugned law is substantially within the legislative competence of the particular Legislature that made it, but only incidentally encroached upon the legislative field of another Legislature. The doctrine saves this incidental encroachment if only the law is in pith and… Continue reading The State of Bombay Vs Narottamdas Jethabhai and another