Search Results for "Article 21"

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Regular Bail Granted — Long Incarceration and Right to Speedy Trial Considered — No Possibility of Early Trial — Allegations of Extortion and Criminal Intimidation — Bail is the Rule, Jail is the Exception — Bombay High Court

The Bombay High Court granted regular bail to Mohammad Khalid Mukhtar Ahmed Shaikh (Accused No.1) due to prolonged incarceration of 4 years, 4 months,...

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Long Incarceration and Right to Speedy Trial – Bail Granted. High Court of Judicature at Bombay emphasized the fundamental right to speedy trial under Article 21 of the Constitution of India, granting bail due to prolonged incarceration.

The Court acknowledged the Applicant’s long incarceration and the fundamental right to speedy justice. It noted that the case was based on circumsta...

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Bombay High Court upheld the detention order against the Petitioner under the Maharashtra Prevention of Dangerous Activities Act, 1981, dismissing claims of non-placement of complete bail order before the detaining authority.

The Court held that non-placement of the entire bail order did not vitiate the subjective satisfaction of the detaining authority since the reasoning ...

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Quashing of FIR – Marriage by Mutual Consent – Protection Under Exception 2 to Section 375 IPC. Supreme Court Quashes FIR Alleging Rape – Holds That Husband Cannot Be Prosecuted Under Section 376 IPC.

Constitution of India, 1950 – Criminal Procedure Code, 1973 – Indian Penal Code, 1860 Quashing of FIR – Criminal Appeal against dismissal of pe...

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Vellore Tanneries Case: Environmental Accountability Upheld – Balancing Economic Growth & Ecological Justice. Supreme Court Enforced ‘Polluter Pays Principle’ – Directed Tannery Industries to Bear Absolute Liability for Environmental Damage & Restoration

Constitution of India, 1950 – Article 21 – Right to Clean Environment recognized as part of the fundamental right to life – Intergenerational Eq...

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Presumption of Legitimacy Cannot Be Displaced by Mere Allegations. The Supreme Court upheld the conclusive presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, rejecting a claim for maintenance based on disputed paternity.

Constitution of India – Article 21 – Right to privacy and dignity was violated when a DNA test was ordered without substantial evidence of non-acc...

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Supreme Court Acquits Chandrabhan Sudam Sanap – Prosecution Failed to Prove Guilt Beyond Reasonable Doubt. Failure of the prosecution to establish an unbroken chain of circumstantial evidence led to the acquittal of the accused in a case involving abduction, sexual assault, and murder.

Major Acts Discussed: Constitution of India, 1950 – Article 21 (Right to Life and Personal Liberty) Code of Criminal Procedure, 1973 – S...

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Supreme Court Resolves Custody and Visitation Rights Dispute for Minor Child. Balancing Parental Rights with Child’s Welfare and Safety.

The Supreme Court of India addressed a contentious custody and visitation rights dispute between estranged parents, emphasizing the paramount ...

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Supreme Court Nullifies Disciplinary Penalty Against Retired Medical Officer. “Vindication for the appellant as disciplinary actions declared arbitrary, with justice triumphing over executive misconduct.”

The Supreme Court of India, examined the legality of disciplinary proceedings initiated against a retiring Senior Medical Officer for alleged mis...

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"Supreme Court Ensures Hygiene in Justice: Mandates Separate Toilets in All Courts" "Ensuring dignity and basic hygiene under Article 21, the Supreme Court elevates the justice system with essential sanitation reforms."

The judgment emphasizes the duty of states under Articles 21, 47, and 48A to ensure hygienic toilet facilities for all genders in court premises. The ...