Search Results for Tag : Article 21
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Delhi HC: Object of Default Bail Linked With Accused’s Right under Article 21(10.08.2022)
Delhi High Court has held that object of default bail is inherently linked to Article 21 of the Constitution of India, laying emphasis on safeguarding.....
Tags : Delhi High Court, Default Bail, Article 21
SC: Successive FIRs by Same Informant Against Same Accused on Same Allegations Not Permissible(02.09.2022)
Supreme Court has held that registration of multiple FIRs by same person against same accused based on the same set of facts and the same cause of act.....
Tags : Supreme Court, FIR, Article 21
Rajasthan HC: Right to Live With Dignity as Human Being Includes Being Able to Act as a Good Husband(28.10.2024)
The Rajasthan High Court while allowing interim bail of Petitioner for 3 months on medical grounds of his wife has observed that Article 21 of the Con.....
Tags : Rajasthan High Court,Bail, Article 21
Raj. HC: Right To Live with Dignity Includes Being Able to Attend Once in a Lifetime Family Rituals(29.10.2024)
Rajasthan High Court, while allowing the interim bail application filed by the Accused’s son has ruled that right to life under Article 21 of Constitu.....
Tags : Rajasthan High Court, Article 21 of Constitution, right to life
Supreme Court: Can’t Discriminate High Court Judges on the Basis of Source of Appointment(06.11.2024)
Supreme Court has observed that High Courts are constitutional institutions recognised by Article 216 of the Constitution of India and it doesn't make.....
Tags : Supreme Court, High Courts, Article 216
SC: Right to Live in a Pollution-Free Atmosphere is a Fundamental Right of Every Citizen(12.11.2024)
SC has observed that right to live in a pollution-free atmosphere is a fundamental right of every citizen protected by Article 21 of COI. No religion .....
Tags : Supreme Court, Fundamental Right, Article 21
Delhi HC: Conditions u/s 45 PMLA Have to Give Way to Article 21 When Accused Incarcerated for Long(21.11.2024)
Delhi HC has observed that when there is no possibility of trial being concluded in a reasonable time and accused is incarcerated for a long time, dep.....
Tags : Delhi High Court, Article 21, PMLA
SC: Court is Expected to Timely Conclude Trail When Detention of Accused is Continued by Court(21.11.2023)
Supreme Court has held that when the detention of the accused is continued by the Court, the courts are also expected to conclude the trials within a .....
Tags : Supreme Court, Detention, Article 21, Speedy Trial
Ker. HC: Arbitrary Bail Condition for Default Bail Violates Article 21(05.12.2023)
Kerala High Court has held that arbitrary conditions imposed while granting statutory/default bail amount to infringement of the fundamental right of .....
Tags : Kerala High Court, Article 21, Bail Condition, Default Bail
Kar. HC: Taking Away Job of Employee Without Enquiry is Violation of Fundamental Rights(15.01.2024)
Karnataka High Court has held that if a criminal case has been registered against an employee, he/she cannot be dismissed from service without holding.....
Tags : Karnataka High Court, Employee, Fundamental Rights, Article 21
Bombay HC: Slum Dweller's Right to Shelter under Article 21 Can’t be Nullified(19.10.2022)
Bombay High Court has held that a slum dweller's right to shelter under Article 21 cannot be nullified by unconscionable delays caused by a developer .....
Tags : Bombay High Court, slum, Article 21
Calcutta HC: Cannot Excommunicate Person from Community Due to Matrimonial Dispute in Family(24.01.2024)
Calcutta High Court while setting aside an order of excommunication of person from Sikh Community has held that excommunication due of matrimonial dis.....
Tags : Calcutta High Court, Excommunicate, Matrimonial Dispute, Article 21 of Constitution of India
Rajasthan High Court: Fully Developed Foetus Has Right to Life Under Article 21 of Constitution of In(25.01.2024)
Rajasthan High Court while denying minor rape survivor to terminate thirty one weeks pregnancy has held that fully developed foetus has the right to l.....
Tags : Rajasthan High Court, Article 21 of Constitution, Fully Developed Foetus, Termination of Pregnancy
Allahabad High Court: Medical Grant A Fundamental Right Under Article 21 of Constitution of India(29.01.2024)
Allahabad High Court while directing the State to pay additional compensation to mother-son duo who suffered acid attack injuries, has held that medic.....
Tags : Allahabad High Court, Medical Grant, Article 21 of Constitution
Kar. HC: Can’t Stretch Protection u/a 21 to Those Posing Threat to Nation’s Sovereignty & Integrity(27.02.2024)
Karnataka High Court has held that Article 21 of Constitution of India cannot be stretched too long to afford protection to persons who have least con.....
Tags : Karnataka High Court, Article 21 of Constitution, Sovereignty
Delhi HC: Not Allowing Student to Exams on Ground of Arrear of Fees is Violative of Article 21(19.01.2023)
Delhi High Court while observing that child’s future can’t be allowed to be spoiled and blemished by barring him from taking exam, has held that barri.....
Tags : Delhi High Court, Article 21, Exam, Fees
Del. HC: Article 21A of COI Not Applicable on Being Educated in a Particular School of Choice(29.03.2024)
Delhi High Court has observed that Article 21A of the Constitution of India guaranteeing the right to free and compulsory education does not entitle a.....
Tags : Delhi High Court, Article 21A of COI, Compulsory Education
Bom. HC: Public Sector Banks Not Empowered to Issue Look Out Circulars Against Loan Defaulters(27.04.2024)
Bombay High Court has observed that Public Sector Banks are not authorized to issue look out circulars against loan defaulters. The power exercised by.....
Tags : Bombay High Court, Public Sector Banks, Look Out Circulars, Article 14 of COI, Article 21 of COI
Delhi HC: Transgender Person to Produce Gender Re-Assignment Certificate, Violates Article 21(12.04.2022)
Delhi High Court has held that the Passport Rules, 1980 as they require a Transgender person to produce Gender Re-assignment certificate Surgery, is p.....
Tags : Delhi High Court, Passport Rules, Transgender person, Gender Re-assignment certificate, Article 21 of the Constitution
Delhi HC: Transgender Person to Produce Gender Re-Assignment Certificate, Violates Article 21(12.04.2022)
Delhi High Court has held that the Passport Rules, 1980 as they require a Transgender person to produce Gender Re-assignment certificate Surgery, is p.....
Tags : Delhi High Court, Passport Rules, Transgender person, Gender Re-assignment certificate, Article 21 of the Constitution
Orissa HC: Maternity Leave Can’t Simply be Denied on Technical Grounds(24.07.2023)
Orissa High Court has held that maternity leave is the inherent right of every woman employee which cannot simply be denied on technical grounds and a.....
Tags : Orissa High Court, Maternity Leave, Article 21
Delhi HC: Denying Admission Under EWS/DG Category Despite Allotment by DoE Violates Article 21A(03.03.2023)
Delhi High Court has held that denial of admission by school under EWS/DG category even after allotment of school by Directorate of Education (DOE), f.....
Tags : Delhi High Court, Admission, EWS/DG, Article 21A
All. HC: Right to Marry or Live With Person of Choice Protected Under Article 21 of COI(10.06.2024)
Allahabad High Court has observed that an individual’s right to marry or live with a person of choice is a right which flows from Article 21 of the Co.....
Tags : Allahabad High Court, Article 21, Right to Marry
Orissa HC: Entitlement to Salary/Pension is Part of Employee’s Right to Life and Property(30.05.2022)
Orissa High Court has held that prerogative of an employee to his salary/pension is an essential part of his right to life under Article 21 and right .....
Tags : Orissa High Court, Article 21, Article 300A
Mad. HC: Punishing Person Without Proper Identification Directly Impinges Personal Liberty(01.06.2023)
Madras High Court while setting aside conviction of man charged for robbery has highlighted need for Test Identification Parade (TIP) and observed tha.....
Tags : Madras High Court, Test Identification Parade, Article 21 of the Constitution, Personal Liberty
Mad. HC: Punishing Person Without Proper Identification Directly Impinges Personal Liberty(01.06.2023)
Madras High Court while setting aside conviction of man charged for robbery has highlighted need for Test Identification Parade (TIP) and observed tha.....
Tags : Madras High Court, Test Identification Parade, Article 21 of the Constitution, Personal Liberty
SC: Right to Get Legal Aid is a Fundamental Right of Accused, Guaranteed by Article 21 of COI(04.12.2024)
SC has stated that right to get legal aid is a fundamental right of accused, guaranteed by Article 21 of COI. When an accused has either not engaged a.....
Tags : Supreme Court, Legal Aid, Fundamental Right, Article 21
SC: Cannot Delay Implementation of Bail Order After Finding Accused Entitled To Bail(03.09.2024)
The Supreme Court has ruled that once a court concludes that an accused is entitled to bail, it cannot postpone the implementation of the bail order, .....
Tags : Supreme Court, bail,, Article 21 of the Constitution
SC: Inordinate Delay in Conclusion of Trial Infringe Right of Accused Under Article 21(11.09.2024)
SC has observed that an accused has a right to a fair trial and while a hurried trial is frowned upon as it may not give sufficient time to prepare fo.....
Tags : Supreme Court, Inordinate Delay, Fair Trial, Article 21
Del. HC: Jurisp. for Grant of Bail is that Person Can’t Be Deprived of His Right of Personal Liberty(12.09.2024)
Del. HC has held that even if it is held that the twin conditions as provided in S. 45 of PMLA are not met, the jurisprudence for grant of bail is tha.....
Tags : Delhi High Court, Personal Liberty, Article 21
SC: Travesty of Justice if Convict is Unable to Get Benefit of Bail for Inability to Furnish Surety(19.09.2024)
SC has held that it would be a travesty of justice if convict is unable to secure the benefit of bail order for his inability to furnish local surety......
Tags : Supreme Court, Article 21, Bail Order
SC: Cases of Clean Acquittal of Accused May Give Rise to a Claim for Compensation(27.09.2024)
Supreme Court has observed that in cases of clean acquittal, crucial years in the life of the accused are lost. In a given case, it may amount to viol.....
Tags : Supreme Court, Compensation, Article 21