Cases Citing Section 50

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...

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....

come under the purview of superstructure, as mentioned in Section 2(k) of the Act, 2008. 12. The Hon’ble Apex Court in the case of M/s Brahmaputra Infrastructure Ltd. (supra), after referring Sections 8, 9 and 22 of the Act 2008 has held in paragraph-5 of the said...

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: 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....

available. It is apt and proper to refer the judgment rendered by this Court in the case of Parvati Devi @ Parvati Singh Vs. The State of Bihar and Ors., reported in 2024 (1) BLJ 178 held as follows: Patna High Court CWJC No.426 of 2022 dt.26-11-2024 6/8 “5. This Court would also refer ...

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; ...

दी द एव फ दी स वा बितू त क क स वा स्थि ब वववा ब दत जमदी न पर हलो रह क ब नमर्मा ण कवा यर्य कवा फ लोटलो ग्रवा फ दवा ब खिल ब कयवा गयवा और ब नव क दन ब कयवा गयवा ब क मददवा लहन मदकदमवा कदी जवा नकवा रदी क क Patna High Court C.Misc. No.57 of 2024 dt.02-02-2024 3/4 बिवावजतू न्यवा यवा लय नहदी आकर ब वववा ब...

a sand stone statue of Lord Budha having 70 ft height in Bhumi Sparsh posture, on the platform of a height of 30 ft. The learned counsel submitted that as per the Agreement, 30 ft high platform was to be constructed first and thereon the statue of Lord Budha was to be installed. As such, ...

deems it fit and proper to refer to a judgment rendered by the learned Division Bench of this Court in the case of Babita Kumari v. The State of Bihar and others, reported in 2016 SCC Online Pat 9434, paragraphs no. 7 and 8 whereof are reproduced herein below:- “7. Having considered t...