Extra Territorial Operation of Law in Another State : Supreme Court Explains The Effect
A law which has extra territorial operation cannot directly be enforced in another State but such a law is not invalid and saved by Article 245 (2) of the Constitution of India. A. 245(2) provides that no law made by Parliament shall be deemed to be invalid on the ground that it would have extraterritorial operation. (page 15)
Sondur Gopal v. Sondur Rajini [2013] GCtR 6561 (SC)
Basic Structure : Supreme Court's Important View
An important Judgment was passed by Hon'ble Supreme Court on 24 April 1973.
It was commented in Kesavananda Bharati v State of Kerala [1973] GCtR 315 (SC) thus : -
"The true position is that every provision of the Constitution can be amended provided in the result the basic foundation and structure of the Constitution remains the same. The basic structure may be said to consist of the following features:
(1) Supremacy of the Constitution;
(2) Republican and Democratic form of Government.
(3) Secular character of the Constitution;
(4) Separation of powers between the Legislature, the executive and the judiciary;
(5) Federal character of the Constitution."
It was further stated : -
"The basic structure of the Constitution is not a vague concept."
Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link
https://main.sci.gov.in/daily-order
Then entering the date of Judgment, for example, as 24 April 1973.
Written by
Vishal
Delhi
Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.
Detention and Law : Supreme Court Outlines a Crucial Aspect
An important Judgment was passed in the month of August. August was the month in which India attained Independence. The date of Judgment was 1 August 2000.
In context of detention, it has been commented in A. Sowkath Ali v Union of India [2000] GCtR 3022 (SC) thus : -
"Sponsoring authority should place all the relevant documents before the detaining authority. It should not withhold any such document based on his own opinion. All documents, which are relevant, which have bearing on the issue, which are likely to affect the mind of the detaining authority should be placed before him. Of course a document which has no link with the issue cannot be construed as relevant."
Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link
https://main.sci.gov.in/judgments
Then entering the date of Judgment, for example, as 1 August 2000.
Written by
Vishal
Delhi
Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.
Concept of PIL : Supreme Court Explains an Important Aspect
An important Judgment was passed by Hon'ble Supreme Court on 14 December 2004.
On PIL, it has been commented in Dattaraj Nathuji Thaware v State of Maharashtra & Ors. [2004] GCtR 3016 (SC) that "Public Interest Litigation which has now come to occupy an important field in the administration of law should not be "publicity interest litigation" or "private interest litigation" or "politics interest litigation" or the latest trend "paise income litigation"." "There must be real and genuine public interest involved in the litigation". "It cannot also be invoked by a person or a body of persons to further his or their personal causes or satisfy his or their personal grudge and enmity."
"Public interest litigation is a weapon which has to be used with great care and circumspection and the judiciary has to be extremely careful to see that behind the beautiful veil of public interest an ugly private malice, vested interest and/or publicity seeking is not lurking."
"It is to be used as an effective weapon in the armory of law for delivering social justice to the citizens."
Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link
https://main.sci.gov.in/judgments
Then entering the date of Judgment, for example, as 14 December 2004.
Written by
Vishal
Delhi
Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.
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