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138 items found for "Joseph Shine v. Union of India"

  • Unlearn, Re-orient and Govern: Exploring Justiciability of DPSPs for Sustainable Development

    within the framework of the Indian Constitution. Looking at the Indian Constitution, several of these should be available to all citizens as a part of This distinction holds good even in the Indian context between fundamental rights and DPSP. Meanwhile, the Courts of India, Supreme Court, and High Courts have been interpreting Fundamental Rights Union of India.

  • Anti-defection Law and Freedom of Speech and Expression

    The Preamble envisages India as a Sovereign, Socialist, Democratic, and Republic nation. Union of India[13] where the Supreme Court held that the words voluntary give up membership and resignation MALHOTRA, ANTI-DEFECTION LAW IN INDIA AND THE COMMONWEALTH (Lok Sabha Secretariat, 2005). [8] G.C. Ansari, Anti-defection law: The great divide, INDIA TODAY (Jun. 20, 2013), http://indiatoday.intoday.in Zachilhu and Others, AIR 1993 SC 412. [13] Ravi S Naik v. Union of India, AIR 1994 SC 1558 [14] G.

  • A Perusal of Absoluteness of the Freedom of Press: The Arnab Goswami case

    To protect this right, the Constitution of India has incorporated a provision that guarantees the freedom But in India, there are various restrictions on freedom of speech and expression which may be imposed [ii] Sakal Papers v. Union of India, AIR 1962 SC 305: (1962) 3 SCR 842. [iii] Indian Express Newspapers (Bombay) P. Ltd. v. Union of India, AIR 1986 SC 515 at 527: (1985) Scc641.

  • The Verdict Is In: Decoding The Arvind Kejriwal's Bail Case Controversy

    Some provisions in Indian criminal law operate on this concept, even if they are not expressly stated right to personal liberty given to an arrested person, flowing out of Article 21 of the Constitution of India right to personal liberty given to an arrested person, flowing out of Article 21 of the Constitution of India Union of India, have ruled that the ability to be released on bond is a basic right. For instance, the Supreme Court of India granted temporary release to Arvind Kejriwal during the Lok

  • Law or the Application of the Law: Where Does The Anti-National Element Lie?

    Introduction Article 19(1)(a) of the Constitution of India gives every citizen the right to freedom of The law of Sedition in India is affirmed under Chapter VI, “Offences against the State”, beneath Section contempt, or excites or attempts to excite disaffection towards the Government established by law in India led to slapping the charge of Sedition on Ramya on the basis that she should go to Pakistan and leave India as her statement was anti-national and, in a way, insulting to the people of India.

  • Eviction of Delhi Slum Dwellers - Urban Rights of the Marginalized in Limbo

    [xi].Moreover, India being a welfare state, expounds an obligation upon the government to constantly Union of India & Ors. [iv]Article 21, Constitution of India, 1950. [v]Article 19(1)(d), Constitution of India, 1950. [viii]Supra v. [ix]Article 19(1)(e), Constitution of India, 1950. [x]Supra v. [xi]K. Chandru Vs. Union of India &Ors., W.P.(C) 11616/2015. [xiv]ICESCR, Art. 11(1). [xv]UDHR, Art. 25(1).

  • The Pegasus Case: A New Chapter in the Privacy Saga

    Union of India (UOI) and Ors.[1], the Supreme Court of India held that the Right to Privacy is guaranteed Puttaswamy (Retd.) and Ors. v. Union of India (UOI) and Ors[4]. There is currently no explicit legislation in India addressing data protection or privacy. regulations in India. Puttaswamy (Retd.) and Ors. v. Union of India (UOI) and Ors., AIR 2017 SC 4161. [2] M.P.

  • Navigating the Legal Landscape: The Doctrine of Legitimate Expectation

    Time and again, the Supreme Court of India has confirmed the same. Supreme Court of India has applied this doctrine to various domains ranging from statutory laws to public In 1957, the Government of India set up the 2nd Pay Commission Committee, whose recommendations were doctrine of legitimate expectation is not a legal right and is nowhere mentioned in the constitution of India The Supreme Court has confirmed the same in the case of Indian Aluminum Co Ltd v.

  • The Call Recording Applications: A Blatant Breach of Privacy

    Admissibility as Evidence: Privacy at Peril The Indian Courts have denied illegal evidence but have accepted recordings have been held to be admissible as electronic evidence falling under the meaning of the Indian Union of India, the Court went into the ambit of article 15(2) insofar it prohibits private discrimination Union of India where the Court was riddled with the right to health of employees, it held that such a expansive process with respect to intercepting telephonic conversations in form of Rule 419A of the Indian

  • Breaking Chains: Tribal Women and The Call for Equal Succession

    Tribal women in India grapple with a historical injustice as tribal customary laws frequently strip them This exclusion has been officially communicated under Article 342 of the Constitution of India. ST women lack equal entitlement, evident in the All-India Report on Agricultural Census 2010-2011, with between gender equality and cultural heritage requires careful deliberation and legal reforms by the Union universal rights, and cultural sensitivities is crucial for improving the status of tribal women in India

  • Actionable Claims in the GST Era: Impact on Tax Incidence and Recent Changes in Digital Gaming Services

    recommendations were made for streamlined registration of foreign suppliers offering online gaming services in India The 'All India Gaming Federation' seeks clarification on these amendments. Impact of Changes on Tax Incidence Recent tax reforms in India's online gaming sector have sparked concerns India's imposition of a 28% GST on contest entry fees and 30% TDS on net winnings sets a harsh precedent India, as an emerging economy with significant digital prowess, risks hindering growth by neglecting

  • National Food Security Act: An Analysis

    Authored by Raj Krishna* & Sagarika Swapnil** Introduction The concern of food security in India is not Post-independence the situation did not improve as India relied a lot upon the food grains which they Court of India with a prayer of release of food stock for the purpose of welfare schemes. The state government is forced to buy food grains from the Food Corporation of India at a price above Conclusion and Suggestions The Covid-19 pandemic has turned the Indian as well as global economy upside

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