Article 19 Archives

‘Victim not forcefully involved in sex work’; Bombay Court upholds Sex Worker’s liberty under Article 19

The Court upheld the appellant’s right to move anywhere and to reside anywhere under Article 19 of the Constitution of India and justified her request for release, since her liberty was curtailed due to the order passed by the Magistrate on 15-3-2023.

Case Briefs High Courts

Delhi High Court upholds constitutional validity of Centre notifications imposing GST on auto, buses booked through Uber

In Aashirward Films v. Union of India, (2007) 6 SCC 624, Supreme Court laid down that a taxing statute for the reasons of functional expediency and even otherwise, can pick and choose to tax some; so long as the classification is reasonable.

Case Briefs High Courts

[RSS Route-March] Madras High Court: Single Judge cannot modify order passed in writ petition, while exercising jurisdiction under a contempt petition

Madras High Court held that that the order passed in writ petition had been fundamentally modified by the order passed in the contempt petition, the effect of which resulted in a veiled attempt to sit in judgment/appeal over the order passed in the writ petition, which is not permissible in law.

Case Briefs Supreme Court Supreme Court (Constitution Benches)

Ministers and the freedom to make ‘hurtful’ statements: Supreme Court’s Constitution Bench verdict & Justice Nagarathna’s partial dissent, explained

The issue emerged after SP leader Azam called the unfortunate incident of 2016 gang-rape of a minor and her mother in Uttar Pradesh a “political conspiracy only and nothing else”. V Ramasubramanian, J delivered the verdict for himself and SA Nazeer, AS Bopanna, BR Gavai, JJ, however, BV Nagarathna, J, while agreeing with the reasoning and conclusions arrived at by the majority on certain questions referred, went on to lend a ‘different perspective’ on some issues.

Case Briefs High Courts

[UAPA] Gauhati High Court | Facebook post “only an expression of her feelings”, does not mention ULFA-I; College Student gets bail

Gauhati High Court: The single Bench of Ajit Borthakur, J., has under Section 439 of the Criminal Procedure Code, 1973, granted bail

Case Briefs High Courts

Patna High Court| Women have right to marry anyone of choice; Family/Societal Recognition not required under law

Universal Declaration of Human Rights (UDHR) under Article 16 explicitly states that Men and Women of full age, without any limitation due to race, nationality, or religion, have the right to marry and form a family. They are entitled to equal rights to marriage, during the marriage, and at its dissolution. A marriage shall be entered into only with the free and full consent of the intending spouses.

Case Briefs High Courts

Chh HC | Whenever substantive obligation/rights/ interests are impaired/adversely affected through any piece of subordinate legislation, then its source must be traced within express provisions in four corners of parent enactment

Chhattisgarh High Court: Sam Koshy P, J., allowed the petition and quashed the impugned orders imposing a moratorium on the establishment of

Case Briefs Supreme Court

5-year moratorium on new Pharmacy Colleges: Chh HC’s interim order directing PCI to consider application for affiliation stayed; Matter to be disposed of in 4 weeks: SC

Supreme Court: In a case related to PCI’s decision to impose 5-year moratorium on the opening of new Pharmacy Colleges for degree

Case Briefs COVID 19 High Courts

Bom HC | Absolute prohibition from being present at the site of shooting over persons above age of 65 years who earn livelihood from film/television industry, quashed in light of being discriminatory

Bombay High Court: A Division Bench of S.J. Kathawalla and R.I. Chagla, JJ., quashed and set aside the unreasonable restriction placed by the

Case Briefs High Courts

Cal HC | “Leave India Notice” issued to Polish citizen for participating in anti-government demonstration declared to be null & void; Valid right to reside in India goes hand-in-hand with fundamental rights

Calcutta High Court: Sabyasachi Bhattacharyya, J., while setting aside an impugned order of expulsion of a polish citizen (Student) dated 14-02-2020, stating

Case Briefs High Courts

Body corporate may not only sue or be sued for violation of Article 19 but it may also sue for violation of Article 14 or any other law

Calcutta High Court: Citing the concept of ‘co-extensive’ rights as laid down in Delhi Cloth and General Mills Co. Limited v. Union