Category: Constitution

Commissions for Protection of Child Rights Act, 2005 – Sections 13, 13(1), 13(2), 13(1)(c), 13(1)(j), 14, 15 and 24 – Large scale trafficking of children – If the State Commission in such a case asks for assistance from the National Commission or some other State Commission where the child may have been illegally trafficked, the National Commission or the other State Commission(s) should cooperate with the Commission inquiring into the matter

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS AND OTHERS — Appellant Vs. DR. RAJESH KUMAR AND OTHERS — Respondent ( Before : Deepak Gupta…

SC Directs States To Appoint Exclusive Public Prosecutors In POCSO Courts HELD – POCSO cases. Sub-Section 1 of Section 32 reads as follows: “Every State must by Notification appoint a Special Public Prosecutor for every Special Court for conducting cases only under the provisions of the Act.”

SC Directs States To Appoint Exclusive Public Prosecutors In POCSO Courts [Read Order] LIVELAW NEWS NETWORK 12 Jan 2020 6:47 PM “Public Prosecutors must be trained to deal with child…

IMP – KASHMIR SHUTDOWN – – Constitution of India, 1950 – Article 19(1)(a) and 19(1)(g) – Right to freedom of speech and expression – Freedom of speech and expression and the freedom to practice any profession or carry on any trade, business or occupation over the medium of internet enjoys constitutional protection under Article 19(1)(a) and Article 19(1)(g). Restriction upon such fundamental rights should be in consonance with the mandate under Article 19(2) and (6) of the Constitution, inclusive of the test of proportionality Repetitive orders under Section 144, Cr.P.C. would be an abuse of power.

SUPREME COURT OF INDIA FULL BENCH ANURADHA BHASIN — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : N.V. Ramana, R. Subhash Reddy and B.R. Gavai, JJ.…

Constitution of India, 1950 – Article 142 – Complete justice – Provisions of Article 142 of the Constitution provide a unique power to the Supreme Court, to do “complete justice” between the parties, i.e., where at times law or statute may not provide a remedy, the Court can extend itself to put a quietus to a dispute in a manner which would befit the facts of the case. Divorce granted.

SUPREME COURT OF INDIA DIVISION BENCH MUNISH KAKKAR — Appellant Vs. NIDHI KAKKAR — Respondent ( Before : Sanjay Kishan Kaul and K.M. Joseph, JJ. ) Civil Appeal No. 9318…

State Legislature Cannot Enact Law Which Affects Jurisdiction Of Supreme Court: SC Constitution Bench HELD “Presidential assent cannot and does not validate an enactment in excess of the legislative powers of the State Legislature, nor validate a statutory provision, which would render express provisions of the Constitution otiose.”

State Legislature Cannot Enact Law Which Affects Jurisdiction Of Supreme Court: SC Constitution Bench [Read Judgment] BY: ASHOK KINI10 Dec 2019 6:21 PM “Presidential assent cannot and does not validate…

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