Cases Citing Section 71

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....

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: 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...

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 ...

question of fact with regard the date of the marriage of the petitioner, which otherwise also, can not be determined without taking evidences. 9. So far the post of Aganwadi Sevika is concerned, it is a post created under the scheme and not holding any civil post, thus no prot...

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....

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 Miscellaneous Jurisdiction Case No.4 of 2023 In Civil Writ Jurisdiction Case No.6909 of 2022 ====================================================== Chandradeo Mandal, Son of Dukhi Mandal, resident of Village- Khagor, P.S.- Kiul, District- Lakhisarai. ... ......

Mr.Vijay Shankar Shrivastava For the Opposite Party/s: Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 231-07-2024At the outset, it is submitted by the learned counsel for the petitioners that he seeks permission ...

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1759 of 2024 ====================================================== Sahabuddin Ansari @ Shahabuddin Ansari Son of Yakuf Ansari, Resident of Dalpatpur, Police Station- Maharajganj, District- Siwan. ... ... Petitioner/s Versus ...