fundamental right

High Court Round UpLegal 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 BriefsHigh 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 BriefsSupreme 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 BriefsHigh 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 BriefsHigh 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 BriefsHigh 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 BriefsHigh 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 BriefsSupreme 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 BriefsHigh 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 BriefsHigh 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

Case BriefsSupreme Court

COVID-19| Pandemic is spreading like a wild fire. Take strict action against those violating Guidelines “whoever he may be”; make treatment affordable: Supreme Court

“Even if one survives from COVID-19, many times financially and economically he is finished.”

Case BriefsHigh Courts

Kar HC | Right of any major individual to marry the person of his/her choice is a fundamental right enshrined in the Constitution of India; Not to be encroached irrespective of caste or religion

Karnataka High Court: A Division Bench of S. Sujatha and Sachin Shankar Magadam JJ., disposed off the petition due to the limitation

Op EdsOP. ED.

Interplay between Right to Information and Right to Privacy

Bhumesh Verma, Managing Partner, Sayantan Dey, Legal and Compliance Professional and Ujjwal Agrawal, Student Researcher, Corp Comm Legal

Cite as: (2020) PL (CL) November 65

Case BriefsTribunals/Commissions/Regulatory Bodies

NGT | ‘Lack of funds no excuse for State’s failure to maintain clean environment which is a fundamental right’: Govt. of HP directed to take remedial steps to contain pollution

National Green Tribunal (NGT): Full Bench of Justice Adarsh Kumar Goel (Chairperson) and Sheo Kumar Singh (Judicial Member), Satyawan Singh Garbyal and Dr

Case BriefsHigh Courts

Jhar HC | No discrimination to be made if the nature of job is same and performance are same or similar, Principle of ‘equal pay for equal work’ applied

Jharkhand High Court: S. N Pathak J., upheld the award applying the principle of equal pay for equal work.  The facts of

Case BriefsHigh Courts

Bom HC | Pension payable to employees upon superannuation is a ‘property’ under Art. 300-A & fundamental right to livelihood under Art. 21: Pension can’t be deducted without authority of law

Bombay High Court: A Division Bench of R.K. Deshpande and N.B. Suryawanshi, JJ., while addressing an issue with regard to the deduction of

Case BriefsHigh Courts

Cal HC | Press Reporter has a fundamental right to publish any news, which may not be palatable to administration

Calcutta High Court: A Division Bench of Bibek Chaudhari and Soumen Sen, JJ., addressed a matter wherein a reporter published a story on

Case BriefsHigh Courts

Bom HC | “Advocates, their staff are integral part of system dispensing fundamental right of access to justice”: Govt. to take informed decision on advocates request for inclusion in essential services

Bombay High Court: A Division Bench of Dipankar Datta, CJ and Sarang V. Kotwal, J., has advised the Maharashtra Government to take an informed

Case BriefsHigh Courts

Guj HC | Gujarat Govt given directions to take stern and decisive actions in matters connected to private hospitals, migrants, protection of doctors and overall management of Covid-19 crisis

Gujarat High Court: Taking suo motu cognizance of the way private hospitals in the State of Gujarat are indulging in blatant profiteering