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COI Art. 136 – Appeal – Evidence – Reappreciation of .

Constitution of India

Constitution of India, Art. 15(4) – is not an exception but only makes a special application of the principle of reasonable classification. Article 15(4) does not make any mandatory provision for reservation and the power to make reservation under Article 15(4) is discretionary and no writ can be issued to effect reservation. [PLRonline ID 228200]

Constitution of India

Constitution of India, Article 22 – NDPS S. 3, 9, 11 – Preventive Detention – Whether an order of Preventive detention could have been passed solely on the basis of past involvement of the accused in the cases under the NDPS Act and formation of an opinion about the likelihood of the involvement of the suspect in further offences as well on the basis of the antecedents ? [2024 PLRonline 011 , 2024 PHHC 081331]

Constitution of India

Guidelines Regarding Inadequacies and Deficiencies in Criminal Trials – Draft Criminal Rules On Practice, 2021 . 2021 PLROnline 5300

Home Category Constitution of India

Constitution of India

Banking

Banking – Deposit in terms of interim orders of court – Refund Of – Bank not entitled to the same

Banking – Deposit in terms of interim orders of court – Refund - Deposit of Rs. 40 crores made with...

NIA S. 138 – Before summoning Magistrate is expected to examine the nature of allegations and proceed with proper application of mind – Strict compliance.

Banking

OTS – Writ – High Court not to interfre in such matters

Constitution of India, Article 226 - OTS - Bank has rejected a One Time Settlement proposal of the debtor -...

IPC, S. 84 – Where Exception under Sec.84 is claimed

Banking

Sarfaesi – Writ – Not maintainable

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) – Constitution of India, Article 226...

Constitution of India

COI Art. 226 – Writ – Maintainability – Injunction – The writ petition ought not to have been entertained and the interim order granted for the mere asking

Constitution of India, Art. 226 - Writ – Maintainability - Injunction - The writ petition ought not to have been...

Arbitration and Conciliation Act, 1996

COI Art. 226 – Maintainability of the writ petition – Arbitration Clause

Constitution of India, Article 226 - Maintainability of the writ petition on account of the Arbitration Clause included in the...

CIVIL

Evidence – Pleadings – What is not pleaded cannot be proved in evidence – Voice recording.

Privacy – Voice Recording – Evidence – Matrimonial disputes - Application was moved before the trial judge for producing further...

CIVIL

Privacy – Recording – Married woman

Privacy – Recording – Married woman - A married woman too has a valuable right to her privacy of speech...

CIVIL

Privacy – Tapping conversation of wife

Privacy - The act of tapping itself by the husband of the conversation of his wife with others was illegal...

Constitution of India

Review – Court may review its judgment in Criminal proceedings on ground of an error apparent on face of record

Penal Code, 1860, S. 302, 34 – Constitution of India, Art. 137 – Supreme Court Rules (2013), O. 47, R....

Constitution of India

COI Art. 21 – Right to life

The interpretation of Life Minimum subsistence allowance during suspension. 1983 SCeJ 001 To not be subjected to bonded labour (Bandhua...

Constitution of India

Right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 of the Constitution of India

Right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21...

Constitution of India

Judicial function is not to legislate but in a situation where the call of justice and that too of a large number who are not parties to the lis before the Court, demands expression of an opinion on a silent aspect of the Statute, such void must be filled up

Practice and Procedure - Procedure is the handmaid not the mistress of justice - What may appear to be legislative...

COI Art. 227 – Revision – Scope of interference is limited.

Constitution of India

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COI Art. 136 – Appeal – Evidence – Reappreciation of .

Guidelines Regarding Inadequacies and Deficiencies in Criminal Trials – Draft Criminal Rules On Practice, 2021 . 2021 PLROnline 5300

Constitution of India

Banking – Deposit in terms of interim orders of court – Refund Of – Bank not entitled to the same

OTS – Writ – High Court not to interfre in such matters

Sarfaesi – Writ – Not maintainable

COI Art. 226 – Writ – Maintainability – Injunction – The writ petition ought not to have been entertained and the interim order granted for the mere asking

COI Art. 226 – Maintainability of the writ petition – Arbitration Clause

Evidence – Pleadings – What is not pleaded cannot be proved in evidence – Voice recording.

Privacy – Recording – Married woman

Privacy – Tapping conversation of wife

Review – Court may review its judgment in Criminal proceedings on ground of an error apparent on face of record

COI Art. 21 – Right to life

Right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 of the Constitution of India

Judicial function is not to legislate but in a situation where the call of justice and that too of a large number who are not parties to the lis before the Court, demands expression of an opinion on a silent aspect of the Statute, such void must be filled up

Voice sample – Recording of –

noscitur a sociis – a court must be careful before blindly applying the principle

ejusdem generis – interpreting the expression “other authorities” in Article 12 of the Constitution,

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