Cases Citing Section 75

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 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: 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; ...

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 222-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in a case registered for the offence under Section 33(1) / 66 of the Indian Forest (Bihar Amendment 1989) Ac...

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: 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....

and Excise Act, 2018. 3. As per prosecution case, there was alleged recovery of 820.800 liters foreign liquor from Mahindra Pick-up van in question. The petitioner was alleged to be driver of the said vehicle and apprehended on the spot. 4. Learned counsel for the petitioner submits that petition...

IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL REVISION No.12 of 2021 ====================================================== Rang Vikalp registered office at Studio Variation Artists Studio Sardar Patel Colony, Patliputra Colony Telephone Exchange Road behind SIS Security Office, Kurj...

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....

petitioners are alleged to have constructed the house over the forest land and thus, caused loss to the Government to the tune of Rs. 10,27,280/-. 4. It is submitted on behalf of petitioners that the Patna High Court CR. MISC. No.11542 of 2024(2) dt.22-02-2024 2/3 place of occurrence i.e. Khata / ...