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“To permit nearly four decades to elapse without any discernible, substantive action flowing from a statutory declaration is, to put it mildly, an affront to the principles of effective governance and a manifest failure at the end of concerned officers, both statutory and constitutional.”
“The minor victim has the right to beget a life and/or create a life, which is a facet of Right to Life guaranteed under Article 21 of the Constitution of India”
The right to travel has been held by the Supreme Court as an integral part of the fundamental right to life under Article 21 of the Constitution, and any restriction of the same without sufficient cause, would amount to a violation of his fundamental rights.
“Merely admitting evidence on record is not proof of a fact-in-issue or a relevant fact… Admitting evidence is mere inclusion of evidence in record, to be assessed on a comprehensive set of factors, parameters and aspects, in the discretion of the court.”
“The right of speedy and expeditious disposal of the case, trial is one of the most valuable and cherished right of a litigant guaranteed under Article 21 of the Constitution of India.”
“The law… does not permit a retrospective resurrection of childhood once the individual steps into legal adulthood; and to permit otherwise would be to dilute the doctrinal rigour of age-based legal classifications and introduce subjectivity into a domain that demands exactitude.”
“The right of personal liberty guaranteed under Article 21 of the Constitution of India has held that unmarried woman has right to decide in respect of the pregnancy.”
“Such an undisciplined approach is symptomatic of the culture of apathy that has developed on the subject of the rights and well-being of convicts. In denying them their legal right to be considered under a policy duly devised by the State for a specific purpose, the authorities have essentially categorised them as second-class citizens.”
“Bail Applications, which are pending and have been filed before the Summer Vacations, also deserves to be heard by the summer benches.”
by Vanita Bhargava* and Vishal Shrivastava**
The cut-off date is meaningless and/or is redundant, it is neither based on any intelligible differentia nor it has any nexus with the objective sought to be achieved, inasmuch as, the unauthorized constructions over an unauthorized colony being permissible to be compounded, thus only within the arena of the stipulations as made in the apposite notification/rules/building byelaws.
“Right to life is deeply entrenched in the protection and conservation of environment, forests, and all the natural resources of the State, as a facet of Article 21 read with 48-A of the Constitution of India.”
“Despite being a historically significant city and a tourist destination, Jodhpur airport remains limited in capacity, with fewer direct flights to and from the major cities. This lack of efficient air travel options makes it less accessible as compared to other major cities of the country, limiting business as well as tourism potential.”
“Forcing wife to live with a person who is neither educated nor eager to improve himself certainly amounts to mental cruelty.”
“There is no fundamental right of a person to have a live-in relationship with a woman legally married to another man and, more particularly, when the woman appears to be his own sister.”
The Court acknowledged the concerns raised by the petitioner, however, asserted that the “issue at present is not ripe for adjudication before this Court.”
“Bleak hope of any speedy trial in the matter.”
“The possibility that some accused persons have not appeared due to their socio-economic vulnerabilities must be taken into account, and their absence should not be construed as a waiver of their right to seek justice.”
“The sweep of the right to life conferred by Article 21 of Constitution of India is wide and far reaching. An important facet of that right is right to livelihood, because no person can live without the means of living, i.e., the means of the livelihood.”
“Delays are bad for the accused and extremely bad for the victims, for Indian society, and for the credibility of our justice system, which is valued. Judges are the masters of their Courtrooms and the Criminal Procedure Code provides many tools for the Judges to use in order to ensure that cases proceed efficiently.”