Category: Constitution

It is settled law that the fundamental right under Article 30 cannot be waived.If school is a minority institution, Rule 28 of the Rules for Management of Recognized Non-Government Institutions (Aided and Unaided) 1969, cannot possibly apply as there would be a serious infraction of the right of school to administer the institution with teachers of its choice.

SUPREME COURT OF INDIA FULL BENCH CHANDANA DAS (MALAKAR) — Appellant Vs. THE STATE OF WEST BENGAL AND OTHERS — Respondent ( Before : R.F. Nariman, R. Subhash Reddy and…

Writ Jurisdiction—A private agreement cannot oust the jurisdiction of a High Court Writ Jurisdiction—Mere existence of alternative remedy does not bar High Court from exercising its Writ Jurisdiction Contract—Conferring Jurisdiction—Parties to contract cannot exclude the jurisdiction of all Courts

2019(3) Law Herald (SC) 1996 : 2019 LawHerald.Org 1247 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Honble Mrs. Justice Indira Banerjee Civil Appeal…

Pre-Conception and Pre Natal Diagnostic Techniques (Prohibitions of Sex Selections Act, 1994, S.28–Cognizance of Offence—Inspection of Ultra Sound clinic—Inspection carried by Executive Magistrate/ Tehsildar being nominee of District Magistrate is legal and valid for the purpose of the Act 

2019(3) Law Herald (SC) 1793 : 2019 LawHerald.Org 1218 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon ble Mr. Justice A.S. Bopanna Criminal Appeal No(S).…

There is un-explained delay of 4 years by State Government in forwarding of mercy petition leading to delay of almost 5 years in deciding mercy petition-Petitioner has been incarcerated for almost 14 years-Held; regardless of brutal nature of crime not a fit case to execute death sentence—Death sentence converted to sentence for remaining life of petitioner.

2019(2) Law Herald (SC) 1436 : 2019 LawHerald.Org 938 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Deepak Gupta Hon’ble Mrs. Justice Indira…

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