Cases Citing Section 115

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...

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...

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, ...

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: 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: 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....

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; ...

parties ====================================================== Appearance : For the Petitioner/s: Mr. S.D.Sanjay,Sr. Advodate Mr. Mohit Agarwal Mr. Rahul Kumar Mr.Vishal Kumar Ms. Priya Gupta For the State Mr. Nalin Vilochan Tiwary, AC to GA 9 For BSTDCL Mr. Kumar A...

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. ... ......

Munger ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s: Mr. Anurag Saurav, Adv. For the Respondent/s: Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI O...