4 March 2024

Search Results for Tag : Fundamental Right

Blast from the Past

Personal laws not disturbed by fundamental rights(24.07.1951)

What could the Bombay High Court have said that stung Finance Minister Arun Jaitley so, leading him to call it “one of the most adverse judgments”. Af.....

Tags : Personal laws, bigamy, fundamental rights, social custom



Children have right to promotion in minority institution up to elementary level(10.06.2016)

Applying the ‘best interest’ principle, Kerala High Court granted an elementary school student benefit of Section 16 of the Right of Children to Free .....

Tags : minority school, elementary, student, promotion, fundamental right


Blame your hair fall on the helmet(29.08.1988)

Given that India has some of the most unsafe roads in the world, it is indeed ironic that the struggle to coerce road users into adopting safety devic.....

Tags : helmet, two wheeler, fundamental right


Doctrine of sovereign immunity not applicable to cases of fundamental rights violation, hence, cannot be used as a defence in public law(12.08.2016)

In present writ petition, Petitioners, migrants of State of Jammu & Kashmir State had planned to take out a peaceful protest March upto Delhi for vent.....

Tags : Fundamental rights, Violation, Compensation


Trust has no right to discriminate entry of women into a public place of worship under guise of `managing affairs of religion'(26.08.2016)

In instant case, issue involved is relating to entry of women in sanctum sanctorum of Dargah in light of the constitutional provisions. By this PIL, f.....

Tags : Fundamental rights, Women, Entry, Haji Ali Dargah


Power of arrest is to be used with great circumspection and not casually(01.09.2016)

Present writ Petitions filed by two entities operating on-line platforms/web portals raise important questions involving powers of Directorate General.....

Tags : Arrest, Fundamental rights, Violation



Kerala HC: Right to Consume Alcohol is a Not Fundamental Right(18.01.2017)

Kerala High Court has dismissed a challenge against Government’s Liquor Policy, observing that laws prohibiting alcoholic drinks will not fall foul of.....

Tags : Kerala High Court, Liquor Policy, alcoholic drinks, fundamental rights


MP High Court Says 'No' to Judicial Review U/A 226 If Fundamental Rights Not Infringed(12.05.2017)

Madhya Pradesh High Court has held that if fundamental right of aggrieved party is not infringed than it is beyond the scope of judicial review under .....

Tags : Madhya Pradesh High Court, Fundamental Rights


Supreme Court Overrules M P Sharma & Kharak Singh(24.08.2017)

Supreme Court has overruled eight-judge bench judgment in M P Sharma case and six-judge bench judgment in Kharak Singh case -both of which had ruled t.....

Tags : Supreme Court, fundamental right, Right to Privacy


Supreme Court Announces its Verdict, Holds Privacy a Fundamental Right(24.08.2017)

Supreme Court has ruled that privacy is a fundamental right because it is intrinsic to the right to life. The 9 Judge bench also said that right to pr.....

Tags : Supreme Court, fundamental right, Right to Privacy


Top Story

SC Declares Right to Privacy as Fundamental Right(24.08.2017)

The Nine Judges Bench of the Hon’ble Supreme Court in a historic and landmark Judgment has declared that, right to privacy is a fundamental right in t.....

Tags : Privacy, Fundamental right, Declaration


Can’t Deny Fundamental Right Of Holding Public Meetings: Madras HC(11.10.2017)

Madras High Court has held that Fundamental Right to hold public meetings cannot be denied merely on the apprehension of a law and order situation ari.....

Tags : Madras HC, Fundamental Right


Every Writer Has Fundamental Right to Speak: Supreme Court(16.10.2017)

Supreme Court has refused to ban the controversial book Samajika Smugglurlu Komatollu penned by prominent dalit writer and intellectual Kancha Ilaiah,.....

Tags : Supreme Court, fundamental right


Supreme Court allows passive euthanasia, issues guidelines(09.03.2018)

The Supreme Court while holding that right to live with dignity is a fundamental right has allowed passive euthanasia for terminally-ill patients. The.....

Tags : Illness, Passive Euthanasia, Fundamental right


Delhi High Court Decriminalizes Begging(08.08.2018)

Delhi High Court strikes down the provision as 'unconstitutional' which made 'begging' an offence. Further, High Court observed that, criminalizing be.....

Tags : Begging, Offence, Fundamental right, Violation


Denial of Passport Affects Fundamental Rights: Delhi High Court(17.09.2018)

Delhi High Court has held that the denial of a passport or its non-renewal affects the fundamental rights guaranteed under the Constitution.

Tags : Delhi High Court, Passport, Fundamental Rights


Kerala High Court: Student’s Right to Choose College of His/Her Choice is a Fundamental Right(11.06.2019)

Kerala High Court has observed that "When a student feels that he can secure better education in another college and there is no legal bar in exercise.....

Tags : Kerala High Court, Fundamental Right


Karnataka High Court: Good Roads and Footpaths are Fundamental Rights of Citizens(02.08.2019)

Karnataka High Court has in a landmark verdict that gives major relief to citizens suffering from bad roads in Bengaluru and other parts of the State.....

Tags : Karnataka High Court, Fundamental Rights


Supreme Court: Reservations for Jobs, Promotions not Fundamental Right(10.02.2020)

Supreme Court has said that quotas and reservations for promotions for government jobs is not a fundamental right. The top court said it could not com.....

Tags : Supreme Court, Fundamental Right, Reservations


When Circulars are issued by the DGCA to ensure public safety, the right to life guaranteed by the Constitution is not violated as same is subject to restrictions(16.10.2020)

Present writ petitions have been filed by the respective Petitioners challenging the Breath Analyzer examination of the personnel engaged in Aircraft .....

Tags : Fundamental rights, Circular, Legality


SC: Citizens Should Approach High Courts First for Enforcing Fundamental Rights(17.11.2020)

Supreme Court has said that it wished to discourage petitions under Article 32 in the Court for enforcement of fundamental rights and said that citize.....

Tags : Supreme Court, Enforcing Fundamental Rights


SC Allows Impleading States in PIL Seeking Protection of Migrant Children's Fundamental Rights(09.03.2021)

Supreme Court has allowed impleading the States in the Public Interest Litigation filed by Child Rights Trust seeking directions for protection of the.....

Tags : Supreme Court, Protection of Migrant Children's Fundamental Rights


SC: Magistrates & Trial Judges Also Have Responsibility in Safeguarding Citizens' Fundamental Right(09.03.2021)

Supreme Court has stated in a judgment in which it emphasized the role of the lower Judiciary in preventing abuse of criminal court process that the M.....

Tags : Supreme Court, Safeguarding Citizens' Fundamental Right


Uttarakhand HC: Fundamental Right to Life of Van Gujjars Families Being Violated(26.05.2021)

Uttarakhand High Court has ruled that the fundamental right to life under Article 21 of the Constitution of India, 1949 of Van Gujjars families was be.....

Tags : Uttarakhand High Court, Fundamental Right to Life of Van Gujjars Families


SC: Fundamental Right to Travel Cannot be Denied for Arraignment as Accused(17.01.2022)

Supreme Court has observed that the fundamental right of personal liberty to travel abroad cannot be denied to a person only because he is arrayed as .....

Tags : Supreme Court, Fundamental Right to Travel


Delhi HC: Employee of BRO Has No Fundamental Right to Claim Deputation to Another Organization(07.02.2022)

Delhi High Court has held that an employee of the Border Roads Organisation has no fundamental right to claim a deputation to any other Organisation o.....

Tags : Delhi High Court, Fundamental Right to Claim Deputation


Punjab & Haryana HC: Fundamental Right to Travel Abroad Can be Controlled by Imposing Conditions(29.03.2022)

Punjab and Haryana High Court has stated that the petitioner has a fundamental right to travel abroad, which can be controlled by imposing certain sit.....

Tags : Punjab and Haryana High Court, Fundamental Right, Right to travel abroad


SC Seeks Opinion of Centre, States on Plea to Make Sports Fundamental Right(27.04.2022)

Supreme Court has sought the view of the Centre and state governments on a proposal that physical literacy or sports be recognised as a fundamental ri.....

Tags : Supreme Court , physical literacy, fundamental right, 90 minutes


Allahabad HC: Using Loudspeakers In Mosque Not A Fundamental Right(06.05.2022)

Allahabad High Court by rejecting an application seeking permission for playing loudspeaker/mike in the mosque has held that the use of loudspeakers f.....

Tags : Allahabad High Court, fundamental right, loudspeakers, mosques


Delhi HC: Right to Represent One's Cause Before Court is Fundamental Right(30.05.2022)

Delhi High Court has observed that the restoration applications are to be dealt with liberally as the right to represent one's cause before a Court is.....

Tags : Delhi High Court, fundamental right


Delhi HC: Road Maintenance Concerns Fundamental Rights of Citizens(31.05.2022)

Delhi High Court observed that lack of funds cannot be a valid ground for the State to escape from its duty to maintain public roads, as the same pert.....

Tags : Delhi High Court, Fundamental Rights, public roads


Iowa SC: State Constitution Does Not Provide a Fundamental Right to Abortion(22.06.2022)

Supreme Court of the State of Iowa (United States of America) has held that the State Constitution is not a source to claim abortion as a fundamental .....

Tags : Iowa Supreme Court, Abortion, Fundamental Right


SC: Right to Establish Educational Institution is FR, Can't be Restricted by Executive Instruction(16.09.2022)

Supreme Court has held that the right to establish an educational institution is a fundamental right (FR) under Article 19(1)(g) of the Constitution o.....

Tags : Supreme Court, Fundamental Rights, Execution Instruction


SC: Failure to Inform Accused About Hearing of Appl. for Ext. of Time for Investigation Violates FR(26.09.2022)

Supreme Court has held that the failure to produce the accused before the Court at the time of consideration of the application for extension of time .....

Tags : Supreme Court, Fundamental Rights, Extension of Time


SC Astounded by Plea to Declare Fundamental Rights as Unconstitutional(11.10.2022)

Supreme Court while rejecting a petition seeking a declaration that the Fundamental Rights enshrined in Part III of the Constitution were ultra vires .....

Tags : Supreme Court, Fundamental Rights, Unconstitutional


J&K&L HC: Petition U/A 226 Can be Filed Even When Fundamental Right is Threatened(08.02.2023)

Jammu and Kashmir and Ladakh High Court has held that a petition under Article 226 can be moved even when fundamental right of a citizen is threatened.....

Tags : Jammu and Kashmir and Ladakh High Court, Fundamental Right, Threatened


Raj. HC: Forcing a Person to Trial Without Prima Facie Evidence is Infringement of Fundamental Right(19.05.2023)

Rajasthan High Court while observing that framing of charges by trial Court is an important exercise of power, has held that forcing a person to go th.....

Tags : Rajasthan High Court, Prima Facie Evidence, Fundamental Right, Trial


Del HC: Can’t Exclude Govt. Servants from Protection of Fundamental Rights(26.05.2023)

Delhi High Court while setting aside 2019 Memorandum that de-recognised the Central PWD Engineers Association, has observed that government servants c.....

Tags : Delhi High Court, Fundamental Rights, Government Servants


HP HC: Denial of Maternity Leave Violates Article 29, 39 of Indian Constitution(20.06.2023)

Himachal Pradesh High Court while observing that Maternity leave aims to protect the dignity of motherhood that every woman, irrespective of her emplo.....

Tags : Himachal Pradesh High Court, Maternity Leave, Fundamental Right


Del. HC: Right to Parenthood and Procreation is Fundamental Right of a Convict(26.12.2023)

Delhi High Court while observing that right to parenthood is fundamental right of a convict, has held that where age and biological clock of convict a.....

Tags : Delhi High Court, Right to Parenthood, Convict, Fundamental Right


Del. HC: Fundamental Rights of Foreigners Limited to Right to Life and Personal Liberty Under A. 21(12.01.2024)

Delhi High Court has held that the Fundamental Right of any foreigner or suspected foreigner is limited to the one declared under Article 21 of the Co.....

Tags : Delhi High Court, Fundamental Right, Right to Life


Kar. HC: Taking Away Job of Employee Without Enquiry is Violation of Fundamental Rights(15.01.2024)

Karnataka High Court has held that if a criminal case has been registered against an employee, he/she cannot be dismissed from service without holding.....

Tags : Karnataka High Court, Employee, Fundamental Rights, Article 21


Supreme Court: Judicial Decisions Do Not Lead to Infringement of Fundamental Rights(22.02.2024)

Supreme Court has restated that a judicial decision that has been given by a court of competent jurisdiction cannot be challenged on the grounds of vi.....

Tags : Supreme Court, Fundamental Rights, Judicial Decision