Know the Constitution[ Part III]: Union and Its Territory - Articles 1 To 4

Article 1-4: Union and its TerritorySpeaking at an event recently, Justice Gautam Patel of the Bombay High Court had noted that the "Constitutional Idea of India" lay not in the chapters on Fundamental Rights or Duties but rather in Article 1 of the Constitution."Everything in the Constitution flows from this Article. This has to be THE Idea of India for without which India cannot exist. What...

Pegasus Spyware: Supreme Court Urged To Take Cognisance Of New York Times Report Alleging Pegasus Purchase By Indian Government

While referring to the recent New York Times report that in July 2017 Modi government purchased Pegasus from an Israeli firm, Advocate ML Sharma has moved the Supreme Court of India seeking probe into the alleged Pegasus purchase.Sharma, who is also one of the petitioners in the Pegasus case before the Supreme Court, has filed an application seeking directions to register F.I.R for...

Justice Seems To Be Done Only When Judicial Proceedings Are Opened For Public Viewership: Justice DY Chandrachud

"Justice seems to be done only when judicial proceedings are opened for public viewership," said Supreme Court Judge, Justice D. Y. Chandrachud on Saturday.He added that unless judicial proceedings are open for public viewership, it would not be possible for the public to understand the nature of work undertaken by the Courts. Justice Chandrachud was speaking at a virtual book release event...

Decree-Holder Faces Same Problem In Execution As In 19th Century;Difficulties Of Litigant Begin After Obtaining Decree : Supreme Court

In a recent judgment, the Supreme Court had occasion to comment about the problems faced by litigants in execution of a decree.A bench comprising Justice Ajay Rastogi and AS Oka was dealing with a case in which the issue was whether the Delhi High Court, in its original civil jurisdiction, was competent to execute a foreign decree under Section 44A of the Civil Procedure Code.At the start of...

Prosecution Has Right To Ask Accused To Surrender Mobile Phone; No Violation Of Article 20(3) : Kerala High Court

The Kerala High Court on Saturday held that the prosecution has every right to seek that the accused should surrender mobile phones for forensic examination under Section 79A of the Information Technology Act. The Court rejected the argument that the surrender of mobile phones will infringe the fundamental right against self-incrimination under Article 20(3) of the Constitution of India....

Fresh Review Of Mullaperiyar Dam's Safety Due; Overall Condition Satisfactory On Visual Inspection: CWC Tells Supreme Court

The Central Water Commission has told the Supreme Court that a "fresh review of the safety of the Mullaperiyar dam is due and is required to be undertaken".The Deputy Director of the CWC filed a status report before the Supreme Court in a batch of writ petitions seeking directions to ensure the safety of the 126-year old Mullaperiyar dam, which is a subject matter of dispute between the States...

"Equal Pay For Equal Work" Not A Fundamental Right Vested In Any Employee, Though A Constitutional Goal To Be Achieved By Govt: Supreme Court

"Equal pay for equal work" is not a fundamental right vested in any employee, though it is a constitutional goal to be achieved by the Government, the Supreme Court remarked in a judgment delivered on Thursday (27 January 2022)The bench comprising Justices DY Chandrachud and Bela M. Trivedi observed that the equation of post and determination of pay scales is the primary function of the...

State Cannot Dictate What Decisions Can Or Cannot Be Taken By A Public Trust: Supreme Court

On Friday, the Supreme Court held that self-governed organisations, such as public trusts, cannot be subjected to overarching state control in derogation of principles of autonomy and democratic decision making. The Apex Court was of the view that public control cannot be expanded even by law, to the extent that it renders freedom of association, envisaged in Article 19(1)(g) of...

High Courts With Original Civil Jurisdiction Can Also Execute Foreign Decrees Under Section 44A of CPC : Supreme Court

The Supreme Court held that a High Court of Delhi, having original civil jurisdiction, can entertain a petition for executing a money decree(in excess of Rs.20 lakhs)of a foreign Court which is notified as a superior Court of reciprocating territory under Section 44A of the Code of Civil Procedure.The term "District Court" referred under Section 44A of the Code refers to the local limits of...

BREAKING| Kerala High Court Orders Dileep And Other Accused To Surrender Their Mobile Phones To Its Registrar General By 10.15 am On Monday

The Kerala High Court on Saturday directed actor Dileep and other accused to hand over six mobile phones to its Registrar General in a sealed box by 10.15 am on Monday in the alleged criminal conspiracy to kill police officers investigating the sensational 2017 sexual assault case.Justice Gopinath P. relying on the Supreme Court decision in State of Bombay vs Kathi Kalu Oghad & Ors and...

Final Relief Granted Need Not Be Natural Consequence Of Ratio Decidendi Of Judgment: Supreme Court

The Supreme Court observed that the final relief granted by it need not be the natural consequences of the ratio decidendi of its judgment.In this case, the MRTP commission dismissed a complaint filed by some home buyers (appellants) under Sections 36-A, 36-B(a) and (d), 36-D and 36-E read with Sections 2(i) and 2(o) of the MRTP Act. The buyers were aggrieved with the demand of extra charges...

Externment Is Not An Ordinary Measure ; Must Be Resorted To Sparingly And In Extraordinary Circumstances : Supreme Court

The Supreme Court observed that externment is not an ordinary measure and it must be resorted to sparingly and in extraordinary circumstances. The effect of the order of externment is of depriving a citizen of his fundamental right of free movement throughout the territory of India and therefore the restriction imposed by passing an order of externment must stand the test of reasonableness.,...