Constitutional Law
-
Judicial Discipline, Need for Predictability & Certainty
We may remind the High Court of the observations made by this Court in Official Liquidator v. Dayanand and Others reported in (2008) 10 SCC 1. In this decision, this Court has emphasised the adherence to basics of judicial discipline and the need for predictability and a certainty in law. In that context, certain earlier…
-
Context of Speedy Trial juxtaposed to Fair Trial
Reference may also be placed on the decision in Pooja Pal v. Union of India and Others reported in (2016) 3 SCC 135, where the fundamental rights enshrined under Article 21 of the Constitution of India were discussed in the context of “speedy trial” juxtaposed to “fair trial” in the following manner: “83. A “speedy…
-
SC Guidelines on Interim Orders by High Court in 482 CrPC / Art 226
In view of the above and for the reasons stated above, our final conclusions on the principal/core issue, whether the High Court would be justified in passing an interim order of stay of investigation and/or “no coercive steps to be adopted”, during the pendency of the quashing petition under Section 482 Cr.P.C and/or under Article…
-
Article 141 of the Constitution – Declaration of Law by Supreme Court
A petition for leave to appeal to this Court may be dismissed by a non-speaking order or by a speaking order. Whatever be the phraseology employed in the order of dismissal, if it is a non-speaking order, i.e. it does not assign reasons for dismissing the special leave petition, it would neither attract the doctrine…
-
Fundamental Right of Equality of Opportunity – Supreme Court
“39. Thus, from a detailed analysis and close examination of the cases of this Court starting from 1952 till today, the following propositions emerge: (1) In considering the fundamental right of equality of opportunity a technical, pedantic or doctrinaire approach should not be made and the doctrine should not be invoked even if different scales…
-
Plenary Powers of the Supreme Court – Article 142 of the Constitution
“47. The plenary powers of this Court under Article 142 of the Constitution are inherent in the Court and are complementary to those powers which are specifically conferred on the Court by various statutes though are not limited by those statutes. These powers also exist independent of the statutes with a view to do complete…
-
Power under Article 226 of Constitution/ Section 482 CrPC
8.1. In the exercise of the extra-ordinary power under Article 226 or the inherent powers under Section 482 of the Code of Criminal Procedure, the following categories of cases are given by way of illustration wherein such power could be exercised either to prevent abuse of the process of any Court or otherwise to secure…
Popular Posts
- Supreme Court on Fraud and Deceit – Judgments
- Maintenance of Parents – Section 125 CrPC – Judgments
- Difference between Sec 125 CrPC and Senior Citizens Act
- Who is a Settlor in a Trust? – Role & Significance
- Supreme Court on Delay in lodging FIR / Complaint
- Plastic Ban – Constitutional Obligation
- Ex parte Injunction – Supreme Court Guidelines
- Senior Citizens Act – Maintenance & Welfare of Parents
- Maintenance Tribunals (Delhi) – Senior Citizens Act
- SC on Unreasonable Delay in Pronouncement of Judgment
- Supreme Court on Concealment of Material Facts
- What is a Will? – Essentials of a Valid Will
- Registration of FIR – Supreme Court Guidelines
- Appeal against Eviction Order – Senior Citizens Act
- What is Doctrine of Merger?
- Abbreviations used in Courts
- Daughter-in-Law’s Right To Reside – Senior Citizens Act
- Supreme Court on Honourable Acquittal in Criminal Cases
- SC on Difference Between Ratio Decidendi and Obiter Dicta
- Object and Purpose of Lodging FIR – Section 154 CrPC
- SC issues 12 Directions for Speedy Trial of Civil Cases
- Supreme Court on Principles Regarding the Plea of Alibi
- Grant of Bail – Supreme Court Guidelines
Search the website
Law Quotes
Latest Posts
- Statement of Objects and Reasons (SOR)
- Anticipatory Bail in Matrimonial Cases (Sec 438 CrPC): Supreme Court Judgments
- False Affidavit: Supreme Court Judgments
- Child Custody & Fraud: Supreme Court Judgments
- Perjury: Encyclopedia of Crime and Justice
- What are Doctrines in Law?
- Supreme Court on Contractual Liability and Imprisonment of Debtor
- Justice Krishna Iyer on Bail or Jail
- Nani Palkhivala – Quotes
- Justice Sandra Day O’Connor – Quotes
- Grounds for Invalidation of Law – Judicial Review
- Justice Sonia Sotomayor – Quotes
- Custody in Section 170 CrPC – Interpretation
- Human Liberty and Section 482 CrPC
- Grant of Bail – Supreme Court Guidelines