Constitution Contempt–The Majesty of the Court and the Rule of Law can never be maintained unless Supreme Court ensures meticulous compliance of its orders. April 8, 2017 sclaw
Constitution Contempt Petition–An innovative defence that they did not realize the implications of the order passed by Supreme Court–Unacceptable. April 8, 2017 sclaw
Constitution Cr P C Transfer of case—Notification by State Government without consultation with High Court—Set-aside by High Court—It is for State Government to take appropriate steps—Review petition dismissed. April 8, 2017 sclaw
Constitution Appeal to Supreme Court–Article 136 does not confer a right of appeal upon any party but merely vests a discretion in the Supreme Court to interfere in exceptional cases. Appeal–Under the Constitutional scheme, ordinarily the last Court in the country in ordinary cases was meant to be the High Court. April 8, 2017 sclaw
Constitution Member of Legislative Assembly—Disqualification for Membership—Leader of BSP party recommended dissolution of the Assembly—13 members of BSP giving a letter requesting the Governor to call upon the leader of Samajwadi Party to form a Government—The act itself would amount to an act of voluntarily giving up the membership of the party on the ticket they had got elected. Defection–Split in party–Mere claim is not enough–To be proved; prima facie, by relevant material. April 7, 2017 sclaw
Constitution Freedom Fighter’s Pension—Claim based on secondary evidence—Pension should be granted from the date of order and not from the date of application. April 7, 2017 sclaw
Constitution Review–Review of judgment in the guise of application for clarification; not to be entertained. April 7, 2017 sclaw
Constitution Fundamental Rights–Enforcement of the rights conferred by Part III under Article 20 & 21 cannot be suspended even during emergencies. April 7, 2017 sclaw
Constitution Compensation–Award of compensation in a proceeding under Article 32 or 226 of the Constitution is a remedy available in “public law” based on strict liability for contravention of fundamental right to which the principle of sovereign immunity does not apply. April 6, 2017 sclaw
Constitution Freedom of Speech and Expression—Obscene pictures published in newspapers—Rules of decency—Sufficient safe guards for children and general public avialble in terms of various legislations, norms, rules and regulation, there is no need to ban publication such pictures. April 6, 2017 sclaw
