Fundamental Rights

Supreme Court Directs Implementation of Guidelines to Prevent Unnecessary Hysterectomies: Dr. Narendra Gupta vs. Union of India (2023)

/ Constitutional Law, Constitutional Law with Article 21, Dhananjaya Y Chandrachud, Fundamental Rights, Government Healthcare Schemes, Healthcare Law, J B Pardiwala, Judges, Women's Health Rights

Supreme Court Directs Implementation of Guidelines to Prevent Unnecessary Hysterectomies: Dr. Narendra Gupta vs. Union of India (2023) LEGAL ISSUE: Prevention of unnecessary hysterectomies and ensuring women’s health rights. CASE TYPE: Public Interest Litigation (Healthcare) Case Name: Dr. Narendra Gupta vs. Union of India & Ors. [Judgment Date]: April 5, 2023 Date of the Judgment: […]

Supreme Court Directs Implementation of Guidelines to Prevent Unnecessary Hysterectomies: Dr. Narendra Gupta vs. Union of India (2023) Read Post »

Supreme Court Grants Bail Based on Prolonged Incarceration: Mohd Muslim vs. State (NCT of Delhi) (28 March 2023)

/ Constitutional Law, Constitutional Law with Article 21, Criminal Procedure Code, 1973, Criminal Procedure Code, 1973 with Section 436A, Dipankar Datta, Fundamental Rights, Judges, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 37, S. Ravindra Bhat

Supreme Court Grants Bail to Accused After 7 Years: Mohd Muslim vs. State (NCT of Delhi) LEGAL ISSUE: Whether prolonged incarceration of an accused, despite stringent bail conditions under the Narcotic Drugs and Psychotropic Substances Act, 1985, warrants the grant of bail. CASE TYPE: Criminal Case Name: Mohd Muslim @ Hussain vs. State (NCT of

Supreme Court Grants Bail Based on Prolonged Incarceration: Mohd Muslim vs. State (NCT of Delhi) (28 March 2023) Read Post »

Supreme Court Grants Bail to Accused After 7 Years in NDPS Case: Mohd Muslim vs. State (28 March 2023)

/ Constitutional Law, Constitutional Law with Article 21, Criminal Procedure Code, Criminal Procedure Code with Section 436A, Criminal Procedure Code with Section 439, Dipankar Datta, Fundamental Rights, Judges, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 37, Offences related to drug trafficking and possession, S. Ravindra Bhat

Supreme Court Grants Bail to Accused After 7 Years in NDPS Case: Mohd Muslim vs. State (2023) LEGAL ISSUE: Whether prolonged incarceration of an accused, without a speedy trial, justifies the grant of bail, especially under stringent laws like the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). CASE TYPE: Criminal Law, NDPS Act

Supreme Court Grants Bail to Accused After 7 Years in NDPS Case: Mohd Muslim vs. State (28 March 2023) Read Post »

Supreme Court Upholds Open Ballot System for Rajya Sabha Elections: Lok Prahari vs. Union of India (27 March 2023)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 80, Dhananjaya Y Chandrachud, Fundamental Rights, J B Pardiwala, Judges, Pamidighantam Sri Narasimha, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 123, Representation of the People Act, 1951 with Section 33, Representation of the People Act, 1951 with Section 59

Supreme Court Upholds Open Ballot System for Rajya Sabha Elections: Lok Prahari vs. Union of India (2023) LEGAL ISSUE: Whether the open ballot system for Rajya Sabha elections and the requirement for independent candidates to have ten proposers are constitutionally valid. CASE TYPE: Constitutional Law, Election Law Case Name: Lok Prahari vs. Union of India

Supreme Court Upholds Open Ballot System for Rajya Sabha Elections: Lok Prahari vs. Union of India (27 March 2023) Read Post »

Supreme Court mandates hearing for borrowers before classifying accounts as fraud in banking cases (27 March 2023)

/ Banking Regulation Act, 1949, Banking Regulation Act, 1949 with Section 35A, Classification of Accounts as Fraud, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Dhananjaya Y Chandrachud, Fundamental Rights, Hima Kohli, Judges, Master Directions on Frauds, Powers of RBI, Reserve Bank of India Act, 1934

Supreme Court Mandates Hearing for Borrowers Before Fraud Classification Date of the Judgment: 27 March 2023 Citation: Civil Appeal No. 7300 of 2022 Judges: Dr Dhananjaya Y Chandrachud, CJI, Hima Kohli, J Can a bank declare a borrower’s account as fraudulent without giving them a chance to be heard? The Supreme Court of India recently

Supreme Court mandates hearing for borrowers before classifying accounts as fraud in banking cases (27 March 2023) Read Post »

Supreme Court Quashes Criminal Proceedings in Family Dispute: Hemantbhai Balvantbhai Patel vs. State of Gujarat (2023)

/ Constitution of India, Constitution of India with Article 142, Criminal Procedure Code, 1973, Criminal Procedure Code, 1973 with Section 482, Fundamental Rights, Judges, Krishna Murari, M.R. Shah, Quashing of FIR

Supreme Court Quashes Criminal Proceedings in Family Dispute: Hemantbhai Balvantbhai Patel vs. State of Gujarat (2023) LEGAL ISSUE: Whether criminal proceedings arising from a family dispute involving alleged forgery and financial transactions should be quashed to foster reconciliation. CASE TYPE: Criminal Case Name: Hemantbhai Balvantbhai Patel and Another vs. The State of Gujarat and Another

Supreme Court Quashes Criminal Proceedings in Family Dispute: Hemantbhai Balvantbhai Patel vs. State of Gujarat (2023) Read Post »

Supreme Court Transfers Criminal Trial for Fair Justice: Afjal Ali Sha vs. State of West Bengal (2023)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 321, Code of Criminal Procedure, 1973 with Section 406, Constitutional Law, Constitutional Law with Article 139A, Constitutional Law with Article 21, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 302, J.K. Maheshwari, Judges, Offences Against Human Body, Surya Kant

Supreme Court Transfers Criminal Trial for Fair Justice: Afjal Ali Sha vs. State of West Bengal (2023) Date of the Judgment: 17 March 2023 Citation: [Not Available in Source] Judges: Surya Kant, J. and J.K. Maheshwari, J. Can a criminal trial be transferred to ensure a fair trial when there are serious concerns about witness

Supreme Court Transfers Criminal Trial for Fair Justice: Afjal Ali Sha vs. State of West Bengal (2023) Read Post »

Supreme Court clarifies fee regulation for minority institutions in Madhya Pradesh: Icon Education Society vs. State of Madhya Pradesh (2023) INSC 237 (17 March 2023)

/ Constitutional Law, Constitutional Law with Article 30(1), Dinesh Maheshwari, Education Law, Education Law with Madhya Pradesh Niji Vyavsayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007, Fee Regulation, Fundamental Rights, Judges, Sanjay Kumar

Supreme Court Clarifies Fee Regulation for Minority Institutions in Madhya Pradesh LEGAL ISSUE: Whether minority educational institutions in Madhya Pradesh are required to have their fee structures regulated by the Admission and Fee Regulatory Committee. CASE TYPE: Education Law Case Name: Icon Education Society vs. State of Madhya Pradesh & Others Judgment Date: 17 March

Supreme Court clarifies fee regulation for minority institutions in Madhya Pradesh: Icon Education Society vs. State of Madhya Pradesh (2023) INSC 237 (17 March 2023) Read Post »

Supreme Court Clarifies Fee Regulation for Minority Institutions in Madhya Pradesh: Icon Education Society vs. State of Madhya Pradesh (2023) INSC 256

/ Constitutional Law, Constitutional Law with Article 30(1), Dinesh Maheshwari, Education Law, Fee Regulation, Fundamental Rights, Judges, Madhya Pradesh Niji Vyavsayik Shikshan Sanstha Adhiniyam, 2007, Madhya Pradesh Niji Vyavsayik Shikshan Sanstha Adhiniyam, 2007 with Section 4, Madhya Pradesh Niji Vyavsayik Shikshan Sanstha Adhiniyam, 2007 with Section 9, Minority Institutions, Sanjay Kumar

Supreme Court Clarifies Fee Regulation for Minority Institutions in Madhya Pradesh LEGAL ISSUE: Whether minority educational institutions in Madhya Pradesh are required to have their fees fixed by the Admission and Fee Regulatory Committee (AFRC). CASE TYPE: Education Law Case Name: Icon Education Society vs. State of Madhya Pradesh & Others Judgment Date: 17 March

Supreme Court Clarifies Fee Regulation for Minority Institutions in Madhya Pradesh: Icon Education Society vs. State of Madhya Pradesh (2023) INSC 256 Read Post »

Supreme Court mandates a committee for appointment of Election Commissioners: Anoop Baranwal vs. Union of India (2 March 2023)

/ Aniruddha Bose, Appointment of Election Commissioners, C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 324, Election Commission of India, Election Law, Fundamental Rights, Hrishikesh Roy, Judges, K.M. Joseph

Supreme Court Mandates Independent Panel for Election Commissioner Appointments Date of the Judgment: 2 March 2023 Citation: (2023) INSC 151 Judges: K.M. Joseph, Aniruddha Bose, Hrishikesh Roy, C.T. Ravikumar, JJ. Can the Election Commission of India, the body responsible for overseeing free and fair elections, truly be independent if its members are solely appointed by

Supreme Court mandates a committee for appointment of Election Commissioners: Anoop Baranwal vs. Union of India (2 March 2023) Read Post »

Supreme Court mandates Independent Panel for Election Commissioner Appointments: Anoop Baranwal vs. Union of India (2023)

/ Ajay Rastogi, Aniruddha Bose, C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 324, Fundamental Rights, Hrishikesh Roy, Judges, K.M. Joseph

Supreme Court Mandates Independent Panel for Election Commissioner Appointments LEGAL ISSUE: The core legal issue revolves around the process of appointing members to the Election Commission of India, specifically whether the current procedure ensures the independence and impartiality of the commission. CASE TYPE: This case falls under Public Interest Litigation concerning constitutional law, specifically regarding

Supreme Court mandates Independent Panel for Election Commissioner Appointments: Anoop Baranwal vs. Union of India (2023) Read Post »

Supreme Court settles Governor’s duty to summon assembly on the advice of the Council of Ministers: State of Punjab vs. Principal Secretary to the Governor of Punjab (2023) INSC 157

/ Constitutional Law, Constitutional Law with Article 167, Constitutional Law with Article 174, Dhananjaya Y Chandrachud, Fundamental Rights, Judges, Pamidighantam Sri Narasimha

Supreme Court settles Governor’s duty to summon assembly on the advice of the Council of Ministers: State of Punjab vs. Principal Secretary to the Governor of Punjab (2023) INSC 157 LEGAL ISSUE: Whether the Governor is bound to summon the State Legislative Assembly on the aid and advice of the Council of Ministers. CASE TYPE:

Supreme Court settles Governor’s duty to summon assembly on the advice of the Council of Ministers: State of Punjab vs. Principal Secretary to the Governor of Punjab (2023) INSC 157 Read Post »

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