Prevention of Terrorism Act, 2002, Section 49 -- Bail - Grant of - Inordinate delay in trial - Is relevant factor for grant of bail - Speedy trial is fundamental right under Article 21 of Constitution of India...........
Constitution of India, 1950, Article 226 -- High Court in exercise of jurisdiction under Article 226 of the Constitution can direct CBI to investigate a cognizable offence committed within the territory of a State without the consent of that State - Supreme Court and High Court being the protectors of civil liberties of the citizens, have not only the power and..........
Constitution of India, 1950, Article 226, 32 -- Scope - There is a marked difference in the nature and purpose of the right conferred by the two Articles - Right guaranteed by Article 32 can be exercised only for the enforcement of fundamental rights conferred by Part III of the Constitution, the right conferred by Article 226 can be exercised not only for the enforcement..........
Constitution of India, 1950, Article 21 -- Article 21 of the Constitution in its broad perspective seeks to protect the persons of their lives and personal liberties except according to the procedure established by law - The said Article in its broad application not only takes within its fold enforcement of the rights of an accused but also the rights of the victim - The..........
Constitution of India, 1950, Article 226, 32 -- Any direction by the Supreme Court or the High Court in exercise of power under Article 32 or 226 to uphold the Constitution and maintain the rule of law cannot be termed as violating the federal structure...........
Constitution of India, 1950, Article 226, 32 -- Restriction on the Parliament by the Constitution and restriction on the Executive by the Parliament under an enactment, do not amount to restriction on the power of the Judiciary under Article 32 and 226 of the Constitution...........
Stamp Act, 1899, Section 35, 2(15) -- Schedule 1-A, Article 40 - Memorandum of past partition - Amounts to instrument of partition under Section 2(15) of the Act by virtue of A.P. (Amendment) Act 17 of 1986 w.e.f. 16.08.1986 - It requires stamp duty under Article 40 of Schedule 1-A of Stamp Act - Unstamped memorandum of past partition is inadmissible in evidence under..........
Arbitration and Conciliation Act, 1996, Section 11(4)(6), Limitation Act, 1963, Article 137 -- Arbitrator - Appointment - Procedure and Limitation for filing application for appointment of arbitrator under Section 11 of the Arbitration Act - Party not entitled to approach Court straightaway - It is required to first issue notice to the other party proposing names of the..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiving waiting period of six months - Waiting period of six months can only be waived by Supreme Court exercising power under Article 142 of the Constitution which no other Court can exercise such power...........
Evidence Act, 1872, Section 27 -- If facts deposed u/s 27 are not voluntary, then it will not be admissible and will be hit by Article 20(3) of the Constitution of India...........
