Vishnu Karle

  ✍25 Important Supreme Court Judgements✍ ➡Supreme Court judgements are very important to have a better understanding of the Constitution of the country. 25 Most Important Supreme Court Judgements List.. Case Relevance A.K. Gopalan Case (1950) SC contented that there was no violation of Fundamental Rights enshrined in Articles 13, 19, 21 and 22 under the provisions of the Preventive Detention Act, if the detention was as per the procedure established by law. Here, the SC took a narrow view of Article 21. Shankari Prasad Case (1951) This case dealt with the amendability of Fundamental Rights (the First Amendment’s validity was challenged). The SC contended that the Parliament’s power to amend under Article 368 also includes the power to amend the Fundamental Rights guaranteed in Part III of the Constitution. Berubari Union case (1960) This case was regarding the Parliament’s power to transfer the territory of Berubai to Pakistan. The SC examined Article 3 in detail and held that the Par

  “Law without justice is wound without care.” Introduction Public Interest Litigation(PIL) is a legal measure that can be initiated in a court of law. It can be in the interest of a nebulous entity or case in which the public or class of the community has a pecuniary interest or some interest by which their legal rights or liabilities are affected. It is the power given through judicial activism. Any citizen can approach the court by filing litigation under Article 32 of the Constitution to the Supreme Court, under  article 226  of the Constitution to the High Court, and under  Section 133 of CRPC  to the Court of Magistrate. The efforts of Justice P.N.Bhagwati and Justice V.R.Krishna Iyer played a key role in bringing this juristic revolution. The principles enshrined in  Article 39A (Equal justice and free legal aid)  of the Constitution are in consonance with the concept of PIL. PIL can be filed against the state or central government, municipal authorities, and not any private par

  Introduction Shayara Bano, 35, took on the practice in 2016, a year after her 15-year-old husband divorced her via triple talaq. Bano's petition was paired with those of four other Muslim women: Afreen Rehman, Gulshan Parveen, Ishrat Jahan, and Atiya Sabri. Some Muslim organizations consider the issue as a question of religious freedom, while others, such as the Centre, see it as unconstitutional. Background of the Case Rizwan Ahmed was Shayara Bano's husband for 15 years. He divorced her in 2016 with an instant triple talaq (talaq -e bidat). She asked the Supreme Court to declare three practices – talaq-e-bidat, polygamy, and nikah-halala – unlawful since they contradict Articles 14, 15, 21, and 25 of the Constitution. On February 16, 2017, the Court requested written responses from Shayara Bano, the Union of India, several women's rights organisations, and the All India Muslim Personal Law Board (AIMPLB) on the issues of talaq-e-bidat, nikah-halala, and polygamy. Ms Ban

Non-constitutional or extra-constitutional bodies are the bodies that are set up after a parliamentary law has been passed. It implies that in our constitution these institutions are not mentioned.  List of Non-Constitutional Bodies 1. Planning Commission ( Non-Functional ) 1. Established in  March 1950 by an executive resolution of the Government of India , (i.e., union cabinet) on the recommendation of the Advisory Planning Board constituted in 1946, under the  chairmanship of KC Neogi . Thus, the  Planning Commission is neither a statutory institution nor a constitutional one . In other words, it is a non-constitutional or extra-constitutional body (i.e., not created by the Constitution) and a non-statutory body (not created by an act of Parliament). In India, it is the supreme organ of planning for social and economic development. Now, it has been  replaced by another body named NITI Aayog from 1 st  January 2015. 2.  The P.M of India is the  ex-officio  chairman of the commission

  Capitalism According to the novelist William Makepeace Thackeray (1854), Capitalism is defined as having the ownership of the capital. It is defined as a system of governance where the government has to play various roles including administrative functionalities, and the facilitator of capitalism and the private players own and control the assets for private gain based on the laws of the country. It treats labours as human capital that is free to work for income and may further invest his money to generate more capital. The theory originated in the 14 th  century as a result of the conflict between the landowners and the agricultural labourers. The landowners forced the labourers to produce, which is enough for their needs and not for the market. Thus, they took no interest in actually increasing production efficiency through the introduction of technology but expanded their power through military means. Benefits of Capitalism It ensures economic growth through the open competitive m

  Minimum Support Price: Meaning The MSP, or Minimum Support Price, is a method of safeguarding Indian farmers against market and natural disasters. The MSP, which acts as a "safety net" for farmers, lies at the heart of the agricultural revolution that saw India go from a food-deficit to a food-surplus nation. Over time, the MSP has aided Indian farmers in avoiding the effects of financial swings. Following the farmers' demonstrations reaching the national capital, the MSP has become a major debate subject. At the FE Knowledge Desk, we dissect the Minimum Support Price notion. When was the MSP introduced in India? In terms of cereal output, India was facing a huge deficit at the time of independence. Following a difficult first decade, India chose to implement substantial agricultural reforms. The Centre established the Minimum Support Price for the first time in the year 1966-67. For the first time, the MSP for wheat was set at Rs 54 per quintal. What kind of crops are

  Justice K. S. Puttaswamy (Retd.) v. Union of India (Summary) The right to privacy is commonly regarded as one of the most fundamental human rights, and it is expressly mentioned in Article 12 of the Universal Declaration of Human Rights of 1948: “ No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.”   Most Western countries have a strong framework of privacy laws, and the necessity for such legislation in India has been acknowledged for a long time. The Supreme Court had already made strong statements on the subject in a number of decisions, including: Satish Chandra vs. M.P. Sharma   Union of India vs. Maneka Gandhi   Peoples Union for Civil Liberties v Union of India and Kharak Singh v State of Uttar Pradesh The issuance of Aadhar Cards has once again pushed the right to privacy of an individual to

  Technology has become an  essential part of our daily lives . Over the years, we have observed how internet-based services are being used in executing a crime. What is Documentary Evidence? At this point, it is clear that electronic records generated before the court will be counted as documentary evidence. For such an electronic record to be admissible, it must not have been meddled with or altered. For this,  Section 65A of the Indian Evidence Act, 1872  states that the subject matter of an electronic record may be presented in accord with the conditions specified in Section 65B. Briefly, the requirements given under Section 65B can be encapsulated into the following bullet points: The evidence must be put in storage in the computer when it is being used frequently for the objective of storage and it must be used by a person who is lawfully in ownership of the computer. The content of the evidence must be fed in it during routine usage or activities staged by the computer. The comp

Legal Definition of Death Death can be defined as the cessation of life. Death can be characterized basically into two kinds – (i) natural (ii) unnatural death It can be caused by the action as well as the inaction of a person. Causing the extinction of a life unnaturally by the act of oneself over himself or someone else is morally wrong as well as legally punishable. But there are exceptions too. In certain circumstances, death is allowed when it is with the full and real consent of the person who is going to die. It is a very actual fact that we fear death, at least a premature end. Every living being in this world wants to live a long life and by every possible means intends to increase the longevity of their lives. Even recent advancements in medical technology can help prolong death which is done by providing artificial respiration and nutrition to the patient who is terminally ill or in a vegetative state for years together. Suicide Suicide is a method to exercise the right to d

  Since its passage in 1950, the Indian Constitution has provided citizens with a mechanism of enforcing their constitutional rights through numerous institutions, particularly the Supreme Court. In general, the Supreme Court has remained steadfast in its position as the protector of the Constitution's fundamental rights. The most serious challenge to the independence and integrity of the judiciary in general, and the Supreme Court in particular, came when the late Prime Minister Smt. Indira Gandhi decided to declare a 'Emergency' under Clause (1) of Article 352 of the Constitution, which was proclamated by then President Fakhruddin Ali Ahmad. The government proclaimed a state of emergency, claiming that domestic unrest was endangering India's security. Factual Background of the Case The declaration of emergency was not made on the spur of the moment. Smt. Indira Gandhi's election to the Lok Sabha was called into question by the Allahabad High Court. Justice Sinha f

The only way you can break relationship with your father is living separately. 1.You can further change your name which he gave you. 2.You can make a will saying that your property shall not devolve to your father and any property devolved from him shall go to a trust. 3.You can ask someone to adopt you as a son. 4.However, according to Hindu Minority and Guardians act, your natural guardian is your biological parents. Again Crpc. Section 125 makes you liable maintained your parents, children and wife if they are not able to maintain the self or does not have an independent source of income.