12 August 2024


Search Results for Tag : liberty

International Cases

Detention without a court order or other clear legal ground is incompatible with standard of “lawfulness”(18.10.2016)

Instant case originated in an application against the Russian Federation lodged with Court under Article 34 of the Convention for Protection of Human .....

Tags : Detention, Unlawful, Liberty, Deprivation

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Judgments

Preventive detention cannot be used as an instrument to keep a person in perpetual custody without trial(30.11.2018)

Impugned in present petition is Order passed by District Magistrate, Respondent No. 2, whereby "detenu", has been placed under preventive detention. L.....

Tags : Personal liberty, Detention, Legality

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News

SC: Liberty Will Override Embargo U/S 37 of NDPS Act, in Case of Prolonged Incarceration(17.07.2023)

Supreme Court while observing that prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 2.....

Tags : Supreme Court, NDPS Act, Liberty, Embargo

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SC: Giving Police Liberty to Seek Remand While Granting Anticipatory Bail Defeats Objective of Bail(30.01.2024)

SC while expressing surprise at practice followed by Courts in Gujarat of giving police liberty to seek remand of accused even while granting anticipa.....

Tags : Supreme Court, Anticipatory Bail, Remand, Personal Liberty

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J & K High Court: Right of Personal Liberty is Most Important Right Guaranteed under Constitution(19.08.2019)

Jammu and Kashmir High Court has reiterated in a habeas corpus petition that right of personal liberty is the most important right guaranteed under th.....

Tags : J & K High Court, Personal Liberty

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SC: Posting Anticipatory Bail Plea After 2 Months Can't be Appreciated(22.06.2022)

Supreme Court has held that posting an application for anticipatory bail after a couple of months cannot be appreciated and stated that in such matter.....

Tags : Supreme Court, Anticipatory Bail, Personal Liberty

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SC: Lodging Juveniles in Adult Prisons is Deprivation of Their Personal Liberty(13.09.2022)

Supreme Court while holding that lodging juveniles in adult prisons amounted to deprivation of their personal liberty, has observed that once a child .....

Tags : Supreme Court, Juvenile, Personal Liberty

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Bombay HC: Managements at Liberty to Deduct Wages of Workers Who Remain Absent(01.05.2020)

Bombay High Court has allowed employers to deduct wages of workers who remain absent from work in areas, where the lockdown has been lifted.

Tags : Bombay High Court, Liberty to Deduct Wages

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Action Will be Taken Against Firms such as Liberty House: NCLAT(23.01.2019)

National Company Law Appellate Tribunal (NCLAT) has come down hard on companies such as Liberty House Group, which successfully bid for debt-ridden fi.....

Tags : NCLAT, Liberty House

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Del. HC: Citizen's Arrest Compromises Article 21, Adherence To Procedure Must Be Strict And Careful(19.10.2022)

Delhi High Court while observing that the arrest of any citizen compromises his right to life and personal liberty under Article 21 has said that the .....

Tags : Delhi High Court, adherence, right to life, personal liberty

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Supreme Court: In Matters of Personal Liberty, Each Day’s Delay Matters(13.09.2024)

Supreme Court has held that in the matters pertaining to personal liberty of the citizens, the Authorities are enjoined with a constitutional obligati.....

Tags : Supreme Court, Personal Liberty, Constitutional Obligation

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SC: Keeping Bail Application Pending for 8 Months Not Consistent With Right to Liberty(27.09.2022)

Supreme Court while granting liberty to Anil Deshmukh to approach the Bombay High Court Bench assigned to hearing his bail application, has remarked t.....

Tags : Supreme Court, Bail, Liberty

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CIVIL - Delhi HC Asks Liberty House to Pay Rs. 50 Lakh To SBI(25.02.2019)

Delhi High Court has asked U.K. based Liberty House Group to pay Rs. 50 lakh to State Bank of India within four weeks, as penalty for forcing bank to .....

Tags : Delhi High Court, Liberty House, Amtek Auto Ltd.

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INSOLVENCY - NCLAT Allows Withdrawal of Liberty House Bid for ARGL(08.03.2019)

National Company Law Appellate Tribunal (NCLAT) has allowed withdrawal of UK-based Liberty House bid for ARGL on the plea of resolution professional o.....

Tags : NCLAT, ARGL, Liberty House

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Del. HC: Jurisp. for Grant of Bail is that Person Can’t Be Deprived of His Right of Personal Liberty(12.09.2024)

Del. HC has held that even if it is held that the twin conditions as provided in S. 45 of PMLA are not met, the jurisprudence for grant of bail is tha.....

Tags : Delhi High Court, Personal Liberty, Article 21

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Bom. HC: Reproductive Health An Important Aspect of Personal Liberty Under Article 21 COI(12.02.2024)

Bombay HC while observing that reproductive health is a facet of personal liberty under Article 21 of the Constitution of India (COI), has allowed two.....

Tags : Bombay High Court, Personal Liberty, Reproductive Health, Surrogacy (Regulation) Rules, 2022

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Mad. HC: Punishing Person Without Proper Identification Directly Impinges Personal Liberty(01.06.2023)

Madras High Court while setting aside conviction of man charged for robbery has highlighted need for Test Identification Parade (TIP) and observed tha.....

Tags : Madras High Court, Test Identification Parade, Article 21 of the Constitution, Personal Liberty

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Allahabad HC: Person Out on Regular Bail Can be Granted Anticipatory Bail in Added Sections(04.10.2022)

Allahabad High Court has held that a person who has already been granted regular bail under Section 439 of CrPC and if it found that he has not misuse.....

Tags : Allahabad High Court, Anticipatory Bail, Liberty

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Supreme Court Explains Needs of Society as Important as Personal Liberty(29.07.2019)

Supreme Court in a ruling on preventive detention has held that liberty of an individual cannot be the exclusive concern of courts and that this liber.....

Tags : Supreme Court, Personal Liberty

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Guj. HC: Life and Liberty of Foreigner Can’t Be Invoked on His Behalf When He is Not in India(11.01.2023)

Gujarat High Court has held that a foreign citizen can’t invoke Right to life and liberty under the Article 21 of Indian Constitution if he is not him.....

Tags : Gujarat High Court, Foreigner, Liberty

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P&H HC: Public Morality Cannot Overshadow Constitutional Morality(11.05.2022)

Punjab and Haryana High Court while dealing with a petition seeking protection of life and personal liberty, has ruled that the Constitutional right o.....

Tags : Punjab and Haryana High Court, life and personal liberty, Constitutional right

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Mad. HC: Punishing Person Without Proper Identification Directly Impinges Personal Liberty(01.06.2023)

Madras High Court while setting aside conviction of man charged for robbery has highlighted need for Test Identification Parade (TIP) and observed tha.....

Tags : Madras High Court, Test Identification Parade, Article 21 of the Constitution, Personal Liberty

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Supreme Court: Even a Day’s Delay is Important When a Question of Personal Liberty Involved(18.01.2024)

Supreme Court while expressing anguish over the callous attitude of Karnataka High Court in a habeas corpus matter set a woman at liberty who was deta.....

Tags : Supreme Court, Personal Liberty, Habeas Corpus

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Bom. HC: Maharashtra Govt Criticized for Exhibiting Mindset to Curtail Liberty of Undertrials(19.07.2024)

Bom. HC while granting bail to an accused, has observed that despite the consistent view of Apex Court on subject of pre-trial bail, State exhibits a .....

Tags : Bombay High Court, Pre-Trial Bail, Liberty

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SC: Bail Conditions Should be Proportionate(26.07.2022)

Supreme Court has held that the bail conditions imposed by the Courts, apart from bearing a nexus with the purpose of imposing them, ought to be propo.....

Tags : Supreme Court, Bail Condition, Criminal Justice, Liberty

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SC: Bail is the Rule and Jail is the Exception Even in PMLA Cases(28.08.2024)

SC has held that S. 45 of PMLA, 2002 doesn’t rewrite principle ‘bail is the rule, jail is the exception’ to mean that deprivation is the norm and libe.....

Tags : Supreme Court, S. 45 of PMLA, Liberty

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Guj. HC: Can’t Curtail Liberty of Person on Mere Apprehension that he Might Tamper Evidence(27.12.2022)

Gujarat High Court has held that it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be.....

Tags : Gujarat High Court, Personal Liberty, Tamper, Evidence

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Tel. HC: Right to Personal Liberty Includes Right to Possess Passport(11.12.2023)

Telangana High Court has held that the pendency of criminal case against the petitioner cannot be a ground to deny renewal of passport to the petition.....

Tags : Telangana High Court, Personal Liberty, Passport

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Supreme Court to Government: No Right to Liberty If No Privacy(06.08.2015)

Supreme Court has raised a question mark on the Government’s stand that right to privacy is not a fundamental right.

Tags : Supreme Court, Liberty, Privacy

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SC: Court’s Should Avoid Detailed Deliberation of Evidence in Bail Pleas(02.05.2023)

Supreme Court has observed that detailed elaboration of evidence has to be avoided at the stage of grant/rejection of bail/anticipatory bail, as in th.....

Tags : Supreme Court, Bail, Liberty, Evidence

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SC: Right to Speedy Trial a Fundamental Right and Closely Tied to Right to Life and Personal Liberty(03.07.2024)

SC while criticizing HC for releasing accused merely on two months bail despite the fact that he has been in custody since 2022 and trial would take l.....

Tags : Supreme Court, Right to Life, Personal Liberty

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Madhya Pradesh HC: Husband to Produce Salary Slip Can’t be Termed As Violation of Privacy(04.05.2022)

Madhya Pradesh High Court has held that giving an opportunity to the husband to file his salary slip for valuable adjudication of the maintenance proc.....

Tags : Madhya Pradesh High Court, personal liberty, maintenance

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SC’s rancour over police’s disregard for individual liberty(03.06.2016)

Two women were awarded Rs. 5 lakhs each as compensation for humiliating and insensitive behaviour by the police. The Supreme Court admonished the Cybe.....

Tags : abuse of power, police, cyber cell, liberty, dignity

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