fundamental right Archives | Page 2 of 4

Gujarat HC declares provisions of G-DOT Guidelines mandating a domicile certificate for registration as recipient on the State list for cadaveric transplant of an organ, as illegal and unconstitutional

“The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition”

Know thy Judge

Know Thy Judge- Justice Bhushan Ramkrishna Gavai

by Sucheta Sarkar†

Case Briefs High Courts

Kerala High Court No provision in MTP Act, 1971 requires woman to obtain her husband’s permission for terminating the pregnancy; Permits petitioner to undergo Medical termination of pregnancy

Kerala High Court: In a petition filed by a 21-year-old girl, seeking medical termination of her pregnancy, V.G. Arun, J.

Case Briefs High Courts

Tripura High Court| Court can neither direct Central Government to make amendments in Wildlife Act, 1972 to include exotic species nor can direct to change classification of such bailable offence to non-bailable offence

Tripura High Court: In a public interest litigation seeking issuance of show cause to the respondents as to why a writ of

Case Briefs High Courts

Bombay High Court | Writ Petitions against Air India by its employees cease to be maintainable after privatization

Bombay High Court: In total 4 writ petitions were filed against Air India Ltd./AIL (‘respondent’) by the AIL employees (‘petitioners’),

Case Briefs High Courts

“To turn a child against a parent is to turn a child against himself; Parental alienation is inhuman, and it is a menace to a child”, says Madras High Court

Madras High Court: In an application seeking the appointment of the applicant as a fit and proper person to be

Case Briefs High Courts

Delhi High Court| MCD being a public body established for the benefit of the public at large cannot shirk off its responsibility by citing financial constraints

Delhi High Court: In two cross letter Patents appeal, one by the petitioner/appellant for the enhancement of costs imposed upon the Municipal

Case Briefs High Courts

Contents of Azan/Adhan does not infringe fundamental rights of other faith; Karnataka High Court directs State to ensure loudspeaker only in permissible decibel in the morning

Karnataka High Court: A Division Bench of Alok Aradhe CJ., and S. Viswajith Shetty, J., held that azan or the

Case Briefs High Courts

Delhi High Court takes suo motu cognizance on a bail application facilitating admission of an 8-year-old child whose parents are in judicial custody

It is not only in cases dealing with family disputes that the rights and welfare of the child should be considered but also in the cases as the present one, the courts can become and act as the parent of the child and ensure that the child is not deprived of its Fundamental Right to Education.

High Court Round Up Legal RoundUp

100 Reports from 22 High Courts | Marital Rape, Taj Mahal Case, Maternity Benefit, Right of Press, Provocative Slogans and more | May RoundUp 2022

TOP STORY OF THE MONTH Marital Rape Split Verdict on Criminalisation of Marital Rape| Can a Husband be labelled as a rapist?

Case Briefs High Courts

Can an employee claim promotion as a matter of right? Madras HC elaborates

Madras High Court: S.M. Subramaniam, J., expressed that employees cannot seek any direction to fill up the post or claim a promotional

Case Briefs Supreme Court

“An Order of Externment is an extraordinary measure which should be used sparingly”. SC reiterates the duties of Competent Authority and Court while issuing and testing externment orders

Supreme Court: While deciding the instant appeal wherein the appellant challenged the externment order issued against him under Section 56(1)(a)(b) of the

Case Briefs High Courts

To Wear or Not to Wear? Precedents on dilemma of wearing ‘Headscarf’ from the Kerala High Court

In Nadha Raheem v. C.B.S.E, 2015 SCC OnLine Ker 21660, Kerala High Court’s Single Judge Bench in the year 2015 dealt with

Case Briefs High Courts

4 years as undertrial, 2 witnesses examined out of 14, no probability of trial to be concluded in near future: Whether Del HC will grant bail to accused under S. 37(b)(ii) of NDPS Act? Read

Delhi High Court: Chandra Dhari Singh, J., granted bail to an accused on being satisfied with “reasonable grounds” as per Section 37

Case Briefs High Courts

Mother tongue or English as a medium of instruction? Raj HC dealt with the issue when State decided to convert a Hindi medium school to English medium

Rajasthan High Court: Dinesh Mehta J. allowed the petition and decided that the school will be converted to English medium subject to

Case Briefs High Courts

Right to Relax in danger? Would installing CCTVs in spas and massage parlours infringe bodily autonomy of a person? Madras HC pens down its view

Madras High Court: Expressing that right to life and personal liberty enshrined in Article 21 of the Constitution of India includes the

OP. ED.SCC Journal Section Archives

Law of Sedition in India and Freedom of Expression

by Justice Deepak Gupta

Case Briefs Supreme Court

Right to control one’s identity a fundamental right; CBSE must permit change of name for just cause: SC

CBSE cannot put fetters on its duties so as to cause grave prejudice to the students with legitimate causes for changing their certificates.

Case Briefs High Courts

J&K HC | “Right to consideration for promotion is a fundamental right”; HC directs government to obviate stagnation in service

Jammu and Kashmir High Court: The Division Bench of Tashi Rabstan and Ali Mohammad Magrey, JJ., addressed the instant petition seeking for

Case Briefs High Courts

P&H HC | Reiterating personal autonomy of choosing a life partner, Court clarifies that enforcement of a Fundamental Right cannot rest on ‘marriageable age’ of the petitioner

Punjab and Haryana High Court: Alka Sarin, J., allowing the present petition, reemphasized on the extended view of Article 21 as opted