Maneka gandhi case
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Maneka Gandhi's passport was impounded on July 4, 1977 under Section 10(3)(c) of the Passport Act of 1967. She filed a petition challenging the impounding as a violation of her rights to travel abroad and freedom of speech and expression under Articles 14, 19(1)(a), and 21 of the Indian Constitution. The Supreme Court ruled that Section 10(3)(c) granted vague powers to passport authorities and violated Article 14. The court established that any law depriving a person's liberty must also fulfill the requirements of Articles 14 and 19, and that "procedure established by law" is synonymous with "due process of law".
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Maneka Gandhi case
1) Smt. Maneka Gandhi challenged the impounding of her passport by the government without being provided reasons under Section 10(3)(c) of the Passport Act of 1967.
2) The Supreme Court ruled that Section 10(3)(c) was unconstitutional for granting vague powers without oversight and for not providing individuals a chance to defend themselves before decisions are made.
3) The Court established new standards for restrictions on fundamental rights and expanded the scope of Article 19 rights like free speech to apply abroad as well.
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The document analyzes the landmark case of Maneka Gandhi vs Union of India. It provides background on the interpretation of personal liberty under Article 21 prior to this case. The case involved the impounding of Maneka Gandhi's passport by the government under the Passports Act. The Supreme Court expanded the scope of Article 21, holding that any law depriving personal liberty must satisfy due process and be tested against Articles 19 and 14 as well. This established that personal liberty is a broad concept that includes various fundamental rights, and that the procedure for depriving it must be fair, just and not arbitrary. The case widened the interpretation of personal liberty and its relationship with other constitutional rights.
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The Maneka Gandhi case established important precedents that expanded fundamental rights and judicial review in India. It ruled that the Passport Act allowing the impounding of Maneka Gandhi's passport without due process was unconstitutional. The Supreme Court broadened the scope of personal liberty under Article 21, established that any law depriving liberty must conform with Articles 14, 19 and 21, and introduced the principles of natural justice and due process into Indian law. This landmark case expanded judicial activism and paved the way for the development of public interest litigation in India.
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2) The court held this violated the principle of natural justice that "no one can be a judge in their own case," as Naquishbund's presence on the board created a conflict of interest and likelihood of bias.
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Maneka Gandhi case
1) Smt. Maneka Gandhi challenged the impounding of her passport by the government without being provided reasons under Section 10(3)(c) of the Passport Act of 1967.
2) The Supreme Court ruled that Section 10(3)(c) was unconstitutional for granting vague powers without oversight and for not providing individuals a chance to defend themselves before decisions are made.
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1) The case involved the selection of officers to the Indian Forest Service, where one of the selection board members (Naquishbund) was also a candidate for selection.
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3) The Supreme Court decided that principles of natural justice apply not just to judicial functions but also administrative functions like government service selection boards.
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The Supreme Court of India held that an advocate found guilty of contempt of court cannot appear or plead in any court until they have purged themselves of the contempt. To purge oneself, the advocate must genuinely regret their actions and seek sincere pardon from the court. An apology alone is not enough - it must demonstrate real remorse and commitment to not repeat the offense. Only if accepted by the court as genuine can an advocate be considered purged of contempt. The court also directed trial courts to be informed of any advocate's contempt conviction to enforce the restriction.
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The literal rule requires judges to rely solely on the exact wording of the statute without interpreting meaning. The golden rule allows modifying the literal meaning to avoid absurd outcomes. The mischief rule examines the common law and intent of the statute to rectify problems. Harmonious construction seeks an interpretation that avoids conflicts between statutes.
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The Supreme Court of India heard its first case involving the interpretation of fundamental rights in the constitution in A.K. Gopalan v. State of Madras. The court gave a narrow interpretation of personal liberty in Article 21 and found that the fundamental rights operated independently. This led to a strict textual interpretation of rights in later cases and legitimized preventive detention laws. Justice Fazl Ali dissented, arguing circumstances and classes of people detained should be clearly defined.
Article 14 Constituition
The document discusses Article 14 of the Indian Constitution which guarantees equality before the law and equal protection of laws. It explains that Article 14 prohibits unreasonable discrimination and establishes equality of status and opportunity. While equality before law means absence of special privileges, equal protection of laws ensures equal treatment in equal circumstances. The article elaborates on the principles of equality before law, equal protection of laws, and reasonable classification and discusses Supreme Court rulings regarding Article 14.
CBI-vs.-Mahesh-Kr-Sharma-seeking-password-29.10.2022signed.pdf
1. The investigating agency (CBI) filed an application seeking direction from the court for the accused to provide the password of the computer system and Tally software seized during investigation.
2. The CBI argued they have the right to seek this information as part of a fair investigation, while the accused argued it would violate their right against self-incrimination.
3. The court examined the historical background of the right against self-incrimination and the investigating agency's powers, based on previous Supreme Court rulings. It acknowledged the need to balance individual rights and fair investigation.
Case list-sem-1
1. The document lists important cases related to Constitutional Law from the LLB 1st semester syllabus, organized by topic including Fundamental Rights, Judicial Review, Equality, Personal Liberty, Freedom of Speech, Secularism and the Judiciary.
2. Key cases discussed include AK Gopalan which dealt with preventive detention, Kharak Singh regarding right to privacy, and Menaka Gandhi which established that life and personal liberty can only be deprived according to a fair procedure established by law.
3. Cases involving freedom of speech such as Romesh Thaper, and secularism cases including SR Bommai which established secularism as a basic feature of the constitution, are
Section 377 of Indian Constitution.
Everything you need to know about Section 377 of Indian Constitution and Verdict by Supreme Court. Short but Very Helpful.
Judicial activism of the Supreme Court of India
This document discusses the concept and evolution of judicial activism in India. It provides context on how judicial activism emerged in response to failures of other branches of government and expanded the scope of judicial review. Key developments include:
1) The Supreme Court interpreted Article 21 of the constitution, which guarantees the right to life and personal liberty, to include a variety of social and economic rights. This allowed judicial intervention in many new areas.
2) The Court also drew from Directive Principles of State Policy to support expanded interpretations of fundamental rights, setting precedents for public interest litigation on issues like legal aid, prisons, and the environment.
3) Landmark rulings established new principles in environmental law like "public trust doctrine
Appeal against Lodgment Order of Registrar SCI under Order XV Rule 5 of SCI R...
Appeal by way of motion against the Lodgment Order dated 16.02.2017 by this Hon’ble Court with A Prayer for Enforcement of Fundamental Rights.
LHC directs ECP to hold Punjab Assembly elections in 90 days
These consolidated writ petitions challenge the failure of the Governor of Punjab and Election Commission of Pakistan (ECP) to announce a date for elections to the Punjab Provincial Assembly within 90 days of its dissolution, as required by the Constitution.
The petitioners argue that the Governor is constitutionally obligated to announce the election date upon dissolution of the assembly to ensure elections are held within 90 days. Although the ECP requested the date from the Governor, no date has been announced, violating the Constitution.
The respondents contend that the assembly dissolved automatically after 48 hours under the Constitution, so the Governor was not obligated to announce the date. The court heard arguments over several dates and the ECP and Punjab officials agreed to comply
Similar to Maneka gandhi case (13)
6.LANDMARK JUDGMENTS OF THE SUPREME COURT PLAIN.pdf
6.LANDMARK JUDGMENTS OF THE SUPREME COURT PLAIN.pdf
CBI-vs.-Mahesh-Kr-Sharma-seeking-password-29.10.2022signed.pdf
CBI-vs.-Mahesh-Kr-Sharma-seeking-password-29.10.2022signed.pdf
Appeal against Lodgment Order of Registrar SCI under Order XV Rule 5 of SCI R...
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LHC directs ECP to hold Punjab Assembly elections in 90 days
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More from Dev Prakash Singh
Hdfc smart up
HDFC Bank has revamped their offerings for startups to become the preferred bank for startups. They have launched SmartUp Zones in over 65 branches across 30 cities, including tier 2 and 3 cities, which are dedicated areas for startups within branches. The zones offer banking products like current accounts and forex services for startups, as well as access to services like coworking spaces, marketing, and training through partnerships with startup incubators and accelerators. HDFC Bank aims to nurture and collaborate with more startups through these offerings.
Developing your leadership pipeline
The ppt talks about the importance of developing leadership in a pipeline. Succession planning and leadership development are natural allies because they share a vital and fundamental goal.
To study the zeel performance
This document analyzes the performance of the Media and Entertainment (M&E) industry in India from 2016 to 2020. It finds that the M&E industry reached 1.5 trillion INR in 2016 and is expected to surpass 2 trillion INR by 2020, growing at a CAGR of 11.6%. Television and digital media are the fastest growing segments. The document then examines Zee Entertainment Enterprises (ZEEL) and recommends that ZEEL focus on over-the-top platforms, invest in high quality content, and diversify its investments into areas like music and film production/rights.
What the hell is wrong with general electric?
The presentation gives an eye view of the General Electric performance under different leadership(CEO) made difference in the company. The business carries risk and uncertainty, the one who forsight can take by the company at the high level, others...
The sharp power
China's Sharp Power strategy to become a superpower nation. To gain economic advantage soft power is an effective method. China always keeps an eye on capturing the lands of other nation like Tibet, Taiwan and Hongkong.In current situation China eyes on India's Arunachal Pradesh state land. The ppt is the eye-opener China use its soft power in the western countries especially in Australia and how to encounter sharp power.
Patanjali’s future
Patanjali Ayurved Limited is an Indian FMCG company founded by Baba Ramdev and Acharya Balkrishna that manufactures herbal and mineral products. Headquartered in Haridwar, Uttarakhand, the company has seen staggering growth in recent years, with revenues reaching Rs. 10,561 crore in fiscal year 2016-17. Acharya Balkrishna owns 93.7% of the company while profits are donated to charity.
Farmer's condition in bjp states
The document discusses farmer conditions in states ruled by the BJP and analyzes some of the key issues facing farmers in India. It notes that the BJP currently rules 11 states either on its own or as part of an alliance. Some major problems identified include inadequate irrigation, dependence on monsoon rains, lack of access to modern farming techniques, high costs, and overregulation of agriculture. Several initiatives taken by state and central governments to help farmers are also outlined, though some protests over issues like debt waiver are mentioned as well. The conclusion maintains that farmer issues are a national problem requiring cooperation between states and the central government.
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Training aid for law enforcement officers related to search warrants, the requirements needed, drafting, and execution of the search warrant.
一比一原版(Lincoln毕业证)新西兰林肯大学毕业证如何办理
Lincoln硕士毕业证成绩单【微信95270640】办理新西兰林肯大学毕业证原版一模一样、Lincoln毕业证制作【Q微信95270640】《新西兰林肯大学毕业证购买流程》《Lincoln成绩单制作》新西兰林肯大学毕业证书Lincoln毕业证文凭新西兰林肯大学
本科毕业证书,学历学位认证如何办理【留学国外学位学历认证、毕业证、成绩单、大学Offer、雅思托福代考、语言证书、学生卡、高仿教育部认证等一切高仿或者真实可查认证服务】代办国外（海外）英国、加拿大、美国、新西兰、澳大利亚、新西兰等国外各大学毕业证、文凭学历证书、成绩单、学历学位认证真实可查。
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多年留学服务公司,拥有海外样板无数能完美1:1还原海外各国大学degreeDiplomaTranscripts等毕业材料。海外大学毕业材料都有哪些工艺呢？工艺难度主要由：烫金.钢印.底纹.水印.防伪光标.热敏防伪等等组成。而且我们每天都在更新海外文凭的样板以求所有同学都能享受到完美的品质服务。
国外毕业证学位证成绩单办理方法：
1客户提供办理新西兰林肯大学新西兰林肯大学毕业证学位证信息：姓名生日专业学位毕业时间等（如信息不确定可以咨询顾问：我们有专业老师帮你查询）；
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3毕业证成绩单电子版做好以后发送给您确认；
4毕业证成绩单电子版您确认信息无误之后安排制作成品；
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6快递给客户（国内顺丰国外DHLUPS等快读邮寄）
— — — — 我们是挂科和未毕业同学们的福音我们是实体公司精益求精的工艺！ — — — -
一真实留信认证的作用(私企外企荣誉的见证):
1：该专业认证可证明留学生真实留学身份同时对留学生所学专业等级给予评定。
2：国家专业人才认证中心颁发入库证书这个入网证书并且可以归档到地方。
3：凡是获得留信网入网的信息将会逐步更新到个人身份内将在公安部网内查询个人身份证信息后同步读取人才网入库信息。
4：个人职称评审加20分个人信誉贷款加10分。
5：在国家人才网主办的全国网络招聘大会中纳入资料供国家500强等高端企业选择人才。问山娃想买什么想吃什么山娃知道父亲赚钱很辛苦除了书籍和文具山娃啥也不要能牵着父亲的手满城闲逛他已心满意足了父亲连挑了三套童装叫山娃试穿山娃有点不想父亲说城里不比乡下要穿得漂漂亮亮爸怎么不穿得漂亮望着父亲山娃反问道父亲听了并不回答只是吃吃地笑山娃很精神越逛越起劲父亲却越逛越疲倦望着父亲呵欠连天的样子山娃也说困了累了回家吧小屋闷罐一般头顶上的三叶扇彻夜呜呜作响搅得满屋热气腾腾也搅得山娃心烦意乱父亲一的
Genocide in International Criminal Law.pptx
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
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The Work Permit for Self-Employed Persons in Italy
Learn more on how to obtain the work permit for self-employed persons in Italy at https://immigration-italy.com/selfemployment-work-permit-in-italy/.
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学校原件一模一样【微信：741003700 】《(PSU毕业证书)宾州州立大学公园分校毕业证学历证书》【微信：741003700 】学位证，留信认证（真实可查，永久存档）原件一模一样纸张工艺/offer、雅思、外壳等材料/诚信可靠,可直接看成品样本，帮您解决无法毕业带来的各种难题！外壳，原版制作，诚信可靠，可直接看成品样本。行业标杆！精益求精，诚心合作，真诚制作！多年品质 ,按需精细制作，24小时接单,全套进口原装设备。十五年致力于帮助留学生解决难题，包您满意。
本公司拥有海外各大学样板无数，能完美还原。
1:1完美还原海外各大学毕业材料上的工艺：水印，阴影底纹，钢印LOGO烫金烫银，LOGO烫金烫银复合重叠。文字图案浮雕、激光镭射、紫外荧光、温感、复印防伪等防伪工艺。材料咨询办理、认证咨询办理请加学历顾问Q/微741003700
【主营项目】
一.毕业证【q微741003700】成绩单、使馆认证、教育部认证、雅思托福成绩单、学生卡等！
二.真实使馆公证(即留学回国人员证明,不成功不收费)
三.真实教育部学历学位认证（教育部存档！教育部留服网站永久可查）
四.办理各国各大学文凭(一对一专业服务,可全程监控跟踪进度)
如果您处于以下几种情况：
◇在校期间，因各种原因未能顺利毕业……拿不到官方毕业证【q/微741003700】
◇面对父母的压力，希望尽快拿到；
◇不清楚认证流程以及材料该如何准备；
◇回国时间很长，忘记办理；
◇回国马上就要找工作，办给用人单位看；
◇企事业单位必须要求办理的
◇需要报考公务员、购买免税车、落转户口
◇申请留学生创业基金
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
Lifting the Corporate Veil. Power Point Presentation
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
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slide deck : Patenting innovations in 3D printing
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
V.-SENTHIL-BALAJI-SLP-C-8939-8940-2023-SC-Judgment-07-August-2023.pdf
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
XYZ-v.-state-of-Maharashtra-Bombay-HC-Writ-Petition-6340-2023.pdf
असंगत न्यायालयी फैसलों के कारण भारत में महिलाओं को सुरक्षित गर्भपात के लिए एक भ्रामक और अनुचित कानूनी लड़ाई का सामना करना पड़ रहा है।
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USDA grants bolster rural communities, driving growth, sustainability, and prosperity through strategic development initiatives and financial support.
What are the common challenges faced by women lawyers working in the legal pr...
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
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Maneka gandhi case
- 1. MANEKA GANDHI CASE Dev Prakash Singh
- 2. BRIEF ABOUT CASE 4th of July, 1977 : impound the passport of Smt. Maneka Gandhi under sec10(3)(c) of the Passport Act, 1967 Reason for impounding the case. Filled the petition with regard to the matter. ISSUES: right go abroad, passport act, violates Art. 14,19(1)(a) and 21, freedom of speech and expression.
- 3. JUDGEMENT It was held that Section 10(3)(c) of the Passport Act confers vague and undefined power on the passport authorities, it is violative of Article 14 of the Constitution. Right to travel. If a law is depriving a person a person from liberty, it has to fulfil requirement of Act. 14 & 19 also. Effect: A new doctrine of “post decisional theory” The court overruled existence law. ‘Procedure established by laws’ synonymous with ‘due process of law’.
- 4. REFERENCE Article 14 of the Constitution of India reads as under: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”