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Showing posts with the label S C Judgement

Article 141 of the Constitution of India provides that the law declared by the Supreme Court shall be binding on all courts within the territory of India, i.e. the pronouncement of the law on the point shall operate as a binding precedent on all courts within India. Law declared by the Supreme Court has to be essentially understood as a principle laid down by the court and it is this principle which has the effect of a precedent. A principle as understood from the word itself is a proposition which can only be delivered after examination of the matter on merits.

IN THE SUPREME COURT OF INDIA  CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2016 OF 2020 (Arising out of SLP(C) No.21803 of 2014) UNION OF INDIA AND OTHERS ...Appellants VERSUS M.V. MOHANAN NAIR …Respondent J U D G M E N T dated 05.03.2020  44. Article 141 of the Constitution of India provides that the law declared by the Supreme Court shall be binding on all courts within the territory of India, i.e. the pronouncement of the law on the point shall operate as a binding precedent on all courts within India. Law declared by the Supreme Court has to be essentially understood as a principle laid down by the court and it is this principle which has the effect of a precedent. A principle as understood from the word itself is a proposition which can only be delivered after examination of the matter on merits. It can never be in a summary manner, much less be rendered in a decision delivered on technical grounds, without entering into the merits at all. A decision, unaccompani...

Government must cease to be a compulsive litigant. The philosophy that matters should be left to the courts for ultimate decision has to be discarded. The easy approach, “Let the court decide,” must be eschewed and condemned.Says honourable Supreme Court of India judgement 24.4.18 in Dairy No 8754 of 2018 UOI vs Prithwai Singh

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In a landmark ruling, the Supreme Court on Thursday said Indians have a constitutional right to privacy

 Supreme Court’s judgment on Right to Privacy The Supreme Court on Thursday unanimously declared right to privacy as a “guaranteed fundamental right”. Excerpts of the key conclusions by the top court. INDIA   Updated: Aug 24, 2017 14:24 IST HT Correspondent Hindustan Times, New Delhi In a landmark ruling, the Supreme Court on Thursday said Indians have a constitutional right to privacy In a landmark decision that will affect the lives of all Indians, the Supreme Court on Thursday unanimously declared that  individual privacy is a “guaranteed fundamental right” . The verdict by a nine-judge Constitution bench could now test the validity of Aadhaar, the controversial biometric identification project the government has been pushing but critics have opposed as intrusive. ( LIVE updates ) The judgment may also have a bearing on broader civil rights as well as a law criminalising homosexuality. A ban imposed on the consumption of beef ...