Search Results for "Article 22(1) Constitution"

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Supreme Court Upholds Section 498A IPC as Constitutionally Valid but Issues Guidelines to Prevent Misuse. The court held that the provision is not unconstitutional but requires safeguards against misuse through directions on arrest, investigation, and compounding of offences.

The Supreme Court in this batch of writ petitions and appeals considered the constitutional validity of Section 498A of the Indian Penal Code, 1860, w...

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Bombay High Court Upholds Ordinance Increasing Municipal Councillors in Mumbai. State Legislature Competent to Amend Mumbai Municipal Corporation Act, 1888 to Increase Directly Elected Councillors from 227 to 236 Based on 2011 Census.

The petitioners, who are councillors of the Mumbai Municipal Corporation, challenged the constitutional validity of Ordinance No.XIII of 2021 dated 30...

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Supreme Court Upholds State Policy in Loan Waiver Scheme for Small and Marginal Farmers Under Article 14 Scrutiny. Classification Based on Landholding Found Rational and Non-Arbitrary, with Judicial Review Limited to Constitutional Compliance, Not Policy Wisdom.

The dispute arose from a loan waiver scheme introduced by the Government of Tamil Nadu through G.O Ms. No. 50 dated 13 May 2016, which provided waiver...

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Karnataka High Court Dismisses Bank's Appeal Against Order Directing Payment of Privilege Leave Encashment to Resigned Employee. Employee's Right to Accumulated Leave Encashment Upheld Under Service Regulations.

The respondent, Chandrashekar Hebbar, was appointed as a Probationary Officer in the Karnataka Vikas Grameena Bank in 1984 and later promoted. He resi...

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Supreme Court Grants Interim Protection to Journalist in Multiple FIR Case Based on News Broadcasts. Court Transfers One FIR for Investigation, Stays Other Proceedings, and Emphasizes Balance Between Freedom of Speech and Criminal Process Under Article 19(1)(a) and Article 32 of the Constitution.

The dispute arose from two news broadcasts by the petitioner, a journalist and editor-in-chief of Republic TV and R Bharat, on 16 April 2020 and 21 Ap...

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Supreme Court Refers Satyawati Sharma to Larger Bench in Delhi Rent Control Eviction Case — Landlord's Bonafide Need for Non-Residential Premises Under Section 14(1)(e) of Delhi Rent Control Act, 1958

The Supreme Court was hearing a batch of appeals arising from eviction petitions filed by landlords under Section 14(1)(e) of the Delhi Rent Control A...

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High Court of Karnataka Upholds Constitutional Validity of Section 53-A CrPC for Medical Examination of Accused in Rape Cases. Challenge to police notice for medical examination dismissed as Section 53-A is not violative of Article 20(3) or Article 21 of the Constitution.

The petitioner, Shreemad Jagadguru Shankaracharya Shree Shree Raghaveshwara Bharati Swamiji, filed a writ petition under Articles 226 and 227 of the C...

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Bombay High Court Dismisses Review Application by Vidarbha Cricket Association in Pension Dispute. Writ Petition Maintainable Against Society Performing Public Functions Under Article 226 of Constitution of India.

The judgment concerns a Miscellaneous Civil Application filed by Vidarbha Cricket Association (VCA) seeking recall/review of an order dated 09.08.2012...

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Bombay High Court Dismisses Habeas Corpus Petition and Quashes FIR in Matrimonial Dispute. Court holds that a married woman living with her parents voluntarily cannot be the subject of habeas corpus, and that the husband's FIR for kidnapping and impersonation was an abuse of process.

The judgment involves two connected writ petitions. The first petition (Criminal Writ Petition No.2757 of 2004) was filed by Iftekar Usman Shaikh unde...