Cases Citing Section 122

FACTS: Challenged Kerala Land Reforms Act. 13-judge bench reviewed parliament's power to amend the Constitution. Held: Parliament can amend any part of the Constitution, including Fundamental Rights, but cannot alter or destroy the 'Basic Structure' of the Constitution. Ratio: Basic Structure doctri...

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6504 of 2024 Arising Out of PS. Case No.-290 Year-2023 Thana- BAHERI District- Darbhanga ====================================================== 1.Santosh Kumar Sahu @ Santosh Sahu Son of Bilat Sahu @ Bilat Sah R/o vill - Barmattar, P...

FACTS: Petitioner's passport was impounded without giving reasons. Held: Article 21 procedure must be 'just, fair, and reasonable', not arbitrary or oppressive. Ratio: Expanded Article 21 scope, introducing substantive due process principles into Indian jurisprudence....

FACTS: Petition seeking action for police failure to register an FIR for kidnapping. Held: Registration of FIR is mandatory under Section 154 CrPC (now Section 173 BNSS) if the information discloses a cognizable offence. Ratio: No preliminary inquiry is permitted if cognizable offence is disclosed; ...

FACTS: Anticipatory bail application in a Section 498A IPC cruelty case. Held: Arrest should not be the default action in offences carrying punishment of less than 7 years. Ratio: Police must comply with Section 41A CrPC (now Section 35 BNSS) notice guidelines before executing arrest....

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11542 of 2024 Arising Out of PS. Case No.-264 Year-2022 Thana- FOREST (GOVERNMENT OFFICIAL) District- Jamui ====================================================== 1.Bharat Yadav Son of Ganesh Yadav R/o vill - Baijala, P.S. - Jhajha,...

FACTS: Challenged Aadhaar biometrics scheme as violating privacy. Held: Right to Privacy is a fundamental right guaranteed under Articles 14, 19, and 21 of the Constitution of India. Ratio: Privacy is intrinsic to life and personal liberty, subject to proportionality tests for state restrictions....

are only scratch marks over front and sides of the neck, which falsifies the prosecution story about the informant being assaulted by the petitioners. The petitioners have got no criminal history. 05. Learned A.P.P. for the State opposes the prayer for anticipatory bail. 06. Having regard to the fa...

Ram Narayan Mahto, Advocate For the Opposite Party/s: Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 220-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State. 02. In the...

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1507 of 2017 ====================================================== Dipak Kumar Jha Son of Late Shyam Charan Jha, Grand Son of Late Tara Charan Jha @ Lalan Babu Resident of Village - Mahisi, P.O. and P.S. - Mahisi, ...