Constitutional Law

Corrupt Electoral Practice: Involvement of Religion in Election Campaign

Disha Agrawal | ICFAI Law School, Hyderabad | 12th June 2020 Abhiram Singh V. C.D. Commachen Facts           This is the case where the appeal of two cases has been clubbed…

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Habeas Corpus writ under Article 226 can be used for seeking Custody of Child

Shaunak Choudhury | SVKM’s NMIMS Kirit P. Mehta School of Law | 12th June 2020 Anushree Goyal v. State of Madhya Pradesh (WRIT PETITION No. 7739/2020) Facts This case arose from…

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Right to access Internet

Disha Agarwal | ICFAI Hyderabad | 11th June 2020 Faheema Shirin V State of Kerala Introduction With the innumerable uses of internet, internet has become a crucial aspect in all…

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Arrested Activists- Suppressing Voice of Freedom

Disha Agrawal | ICFAI Law School, Hyderabad | 6th June 2020 Romila Thapar V. Union of India Introduction Romila Thapar,a renowned historian and a social activist , with other four…

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Abrogation of rights of producer by State not valid

Sejal Makkad | Amity Law School, Amity University Chhattsigarh | 5th June 2020 Indibily Creative Pvt. Ltd. vs Govt. Of West Bengal  Facts The petitioner was a film producer who…

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Suspension of labour laws in the State of Uttar Pradesh – An act of incompetency or economic acumen?

Daniyal Qureshi | Symbiosis Law School Pune | 5th June 2020 In a desperate and much criticized attempt to provide support to the crumbling capitalist economic business setups, the state…

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Principle of Legitimate Expectation and Promissory Estoppel Not Applicable in Academics

Shaunak Choudhury | SVKM’s NMIMS Kirit P. Mehta School of Law | 3rd June 2020 Dr. Divyesh J. Pathak v. National Board of Examinations W.P. (C) 3005/2020  Facts The Petitioners in…

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Waiver of Second Motion: Mandatory or Discretionary

Sejal Makkad | Amity Law School, Amity University Chhattisgarh | 29th May 2020 AMARDEEP SINGH V HARVEEN KAUR CIVIL APPEAL NO. 11158 OF 2017 Facts:  The parties, Amar deep and…

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Principle of Legitimate Expectation and Promissory Estoppel Not Applicable in Academics

Shaunak Choudhury | SVKM’s NMIMS Kirit P. Mehta School of Law | 26th May 2020 Dr. Divyesh J. Pathak v. National Board of Examinations W.P. (C) 3005/2020  Facts The Petitioners in…

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AIRLINE BAN ON KUNAL KAMRA: Is Right to Speech and Expression curtailed?

Ashutosh Rajput | Hidayatullah National Law University | 22nd May 2020 Introduction Recently, on 28 April 2020 the three months airline ban on Kunal Kamra has done away with. He…

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India’s freedom will rest as long as journalists can speak to power without being chilled by a threat of reprisal

Ukkash F | Sastra School of Law, Tamil Nadu | 22nd May 2020  Arnab Ranjan Goswami Vs Union of India & Ors.  FACTS OF THE CASE The petitioner is the Editor-In-Chief…

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Extraordinary power of Supreme Court under the Constitution of India-Article 142

Ashutosh Rajput | Hidayatullah National Law University | 20th May 2020 The Supreme Court of India is the ultimate body of ensuring justice to people who are under its ambit,…

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A case that justifies the eviction of tenants

Ashutosh Rajput | Hidayatullah National Law University | 17th May 2020 Olga Tellis & Ors. v. Bombay Municipal Corporation & Ors. 1986 AIR 180, 1985 SCR Supl. (2) 51 Facts: …

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When one is deprived of his right of getting a promotion and the punishment will affect the pension court can partly allow a petition

Yugashree | School of Law Sastra University, Thanjavur | 29th April 2020 Punitha Kumar vs. Principal Health Secretary A petition to Call for the records in the proceedings of the first…

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Courts cannot by themselves question the constitutionality of a statute; it must be specifically prayed for by petitioners

Asmita Kuvalekar | Government Law College, Mumbai | 27th April 2020.  JOINT SECRETARY, POLITICAL DEPARTMENT, GOVERNMENT OF MEGHALAYA VS. HIGH COURT OF MEGHALAYA (CIVIL APPEAL NO 2987 OF 2016 @ SPECIAL…

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Courts cannot usurp Speaker’s powers to disqualify Legislators

Asmita Kuvalekar | Government Law College, Mumbai | 26th April 2020.  SPEAKER HARYANA VIDHAN SABHA VS. KULDEEP BISHNOI AND ORS (CIVIL APPEAL NO 7125 OF 2012 ARISING OUT OF SLP (C)…

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Second Schedule does not apply to applications made under Section 166 of the 1988 Motor Vehicles Act

Asmita Kuvalekar | Government Law College, Mumbai | 25th April 2020.  ARVIND KUMAR MISHRA VS. NEW INDIA ASSURANCE CO LTD AND ANR (CIVIL APPEAL NO 5510 OF 2005)  FACTS OF THE…

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Reservation in an Elected Office is Constitutionally Valid

Reservation in an Elected Office is Constitutionally Valid Asmita Kuvalekar | Government Law College Mumbai | 25th April 2020.  DR. K. KRISHNA MURTHY AND ORS VS. UNION OF INDIA AND ANR (WRIT…

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State cannot take away liberties under a mere apprehension of a law and order situation; must create atmosphere conducive to freedom

Asmita Kuvalekar | Government Law College, Mumbai | 19th April 2020.  INDIBILITY CREATIVE PVT LTD AND ORS VS. GOVT OF WEST BENGAL AND ORS (WRIT PETITION (CIVIL) NO 306 OF 2019) …

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All the love from James-3|All the love from James-2|All the love from James-2

This Court as the final arbiter must preserve the sense of balance that the beliefs of one citizen do not interfere with or dominate the freedoms and beliefs of another

Vaishnavi Annasaheb Nirmal | Manikchand Pahade Law College, Aurangabad | 10th March 2020 M Siddiq (D) Thr Lrs vs Mahant Suresh Das & Ors Civil Appeal Nos 10866-10867 of 2010…

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Articles 25 and 26 vest the right to exhibit a person’s belief in his conduct by such outward acts as may appear to him proper in order to spread his ideas for the benefit of others

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 3rd March 2020  The Durgah Committee, Ajmer and Anr. V. Syed Hussain Ali and Anr. Facts of the case:  Khwaja Saheb…

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F/R under Art. 19 (1) is not absolute & nobody has a right to practice religion in a way so as to invade privacy of others

Ronita Biswas | National Law University, Orissa | 14th February 2020 Masroor Ahmad & Anr. v. State of U.P. (WRIT-C No. 43167 of 2019) Facts The Petitioner no. 1 had…

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“Two-finger test” is unconstitutional, as it violates the right of the victim of sexual assault to privacy, physical and mental integrity and dignity

Harshit Sharma | Amity Law School, Madhya Pradesh | 5th February 2020 State of Gujarat V/s. Rameshchandra Ramabhai Panchal R/Crl. Appl. No. 122/1996 & R/Crl. Appl. No. 25/1996 FACTS OF THE…

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Right to Property remains a Human Right in a welfare State and a Constitutional Right under Article. 300A of the Constitution: SC

Ronita Biswas | National Law University, Orissa | 15th January 2020 Vidya Devi v. The State of Himachal Pradesh & Ors. (Civil Appeal Nos. 60-61 of 2020 arising out of…

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Kerala High Court

Right to access to Internet is an integral part of Right to Education & Privacy under Article 21 & is subjected to restrictions on free speech under Article 19(2) of the Indian Constitution

Harshit Sharma | Amity Law School, Madhya Pradesh | 4th January 2020 Faheema Shirin V/s. State of Kerala & Ors.  W.P. (C) No. 19716/2019 (L) FACTS OF THE CASE The…

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