Constitution of India, 1950, Article 21, Legal Services Authorities Act, 1987, Section 12, 13, Protection of Children from Sexual Offences Act, 2012, Section 4, 5, 6, Indian Penal Code, 1860, Section 302, 363, 366, 376(2)(f), 377 -- Entitlement of Legal Services - Rape and Murder - Amicus Curiae appointed and on same date, counsel was called upon to defend accused at stage..........
Constitution of India, 1950, Article 21, Legal Services Authorities Act, 1987, Section 12, 13, Protection of Children from Sexual Offences Act, 2012, Section 4, 5, 6, Indian Penal Code, 1860, Section 302, 363, 366, 376(2)(f), 377 -- Entitlement of Legal Services - Rape and Murder - Amicus Curiae appointed and on same date, counsel was called upon to defend accused at stage..........
Constitution of India, 1950, Article 21 -- Speedy trial - Expeditious disposal undoubtedly required in criminal matters and that would naturally be part of guarantee of fair trial - However, attempts to expedite process should not be at expense of basic elements of fairness and opportunity to accused...........
Constitution of India, 1950, Article 141 -- Precedent - Non-speaking order dismissing SLP - Does not constitute declaration of law u/art 141 of Constitution or attract doctrine of merger...........
Constitution of India, 1950, Article 14 -- Service - Claim of parity - Person cannot invoke Art.14 of Constitution to claim a benefit extended to someone similarly placed if he is not lawfully entitled to such benefit in first place...........
Constitution of India, 1950, Article 136 -- Special Leave Petition (SLP) - Jurisdiction of a higher Court cannot be invoked on basis of a wrong order passed by a lower forum...........
Maharashtra Rent Control Act, 2000, Section 34(4), Civil Procedure Code, 1908, Order 7, Rule 11 -- Rent and eviction - Application for rejection of plaint was dismissed - Revision petition - Maintainability - Application U.O.7.R.11 CPC even if dismissed, is a mere procedural step - Application either way, it substantially affects the parties right one way or other - So it..........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 142 -- Divorce - Irretrievable breakdown of marriage - Parties resided for barely two and a half months together and thereafter wife left for Canada to be with her family - They apparently had no history of pleasant time and only feelings of resentment arising from several Court cases - Ends to this..........
Constitution of India, 1950, Article 32 -- Writ jurisdiction - Is one of the valuable right provided u/art.32 of Constitution, which in itself forms part of the basic structure of the Constitution...........
Constitution of India, 1950, Article 14 -- Right to equality - Principle of natural justice and right to fair hearing - Can be traceable to right to equality and rule of law enshrined u/art.14 of Constitution, read with other fundamental rights...........
