Court : Supreme Court of India
..... . in this case, the former president of us, nixon, was challenging the presidential recordings and material preservation act, 1974 on the ground that it violated his right of privacy, as there would 158 was violated ..... . 185 (emphasis supplied) justice jaganmohan reddy held that: parliament cannot under article 368 expand its power of amendment so as to confer on itself the power to repeal, abrogate the constitution or damage, emasculate or destroy any of the fundamental rights or essential elements of the basic structure of the constitution or of destroying the identity of the constitution 186 185 ibid, at pages 486-487 ..... . the court chose to address the status of privacy in the constitution, underlining that the constitutional right to privacy remains largely undefined and then identified the types of constitutionally protected privacy interests as follows: the cases sometimes characterized as protecting privacy have in fact involved at least two different ..... number of subscribers stood at 1151.78 million, reflecting a 11.13 389 press release 45/2017, available at http://trai.gov.in/sites/default/files/pr_no.45of2017.pdf 248 part s percent change over the previous year ..... rooted in ancient constitutional principles, they find mention and applicability as different rights and social ..... . seervai, in his monumental treatise constitutional law of india had to this ..... at page 1904 303 ibid 304 ibid, at pages 1904- ..... . frank wrote, in 1958, of the brandeis view as follows: brandeis was a .....
Tag this Judgment!Court : Karnataka
..... regulating land acquisition and rehabilitation and resettlement1 the ancient monuments and archaeological sites and remains act, 1958 (24 of 1958 ..... act. in fact, the parliament itself has been conscious of the fact that 2013 act repeals and substitutes only la act, 1894, and not any other central enactment or for that matter any other state enactment ..... . repeal and saving: (1) the land acquisition act, 1894 (1 of 1894) is hereby ..... creates a new right in favour of land owners whose lands have been acquired under the provisions of la act, 1894, which has been repealed and substituted by 2013 ..... accrued or incurred under any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing act or regulation had not been ..... . c) in that case, the contention of learned senior counsel and learned counsel for the petitioners was, where a statute is cited by a reference (the cited statute) (la act, 1894) into an another statute (the referring statute) (bda act/kuda act) any repeal or amendment of the cited statute is automatically carried over or reflected .....
Tag this Judgment!Court : US Supreme Court
..... 2/84 ] "the committee are of one mind as to the need of a weekly day of rest for the preservation of the health and strength of the community, and would therefor recommend legislation to secure to all citizens the right of one clear day's rest in seven. ..... footnote 16 ]" in 1799, virginia pronounced "an act for establishing religious freedom" as "a true exposition of the principles of the bill of rights and constitution," and repealed all subsequently enacted legislation deemed inconsistent with it. ..... . 823 (1918), requiring that, where an establishment housing both permitted and prohibited businesses remains open on sunday for transaction of the former, a five-foot-high permanent partition or screen must be erected to separate the two ..... . derived from the sabbatical institutions of the ancient hebrew, it has been adopted into all the creeds of succeeding religious sects throughout the civilized world, and whether it be the friday of the mohammedan, the saturday of the israelite, or the sunday of the christian, it is alike fixed in the affections of its followers, beyond the power of eradication, and in most of the states of our confederacy, the aid of the law to enforce its observance has been ..... 33 wash.2d 603, 206 p.2d 1022 (1949); conn.gen.stat.rev.1958, 53-303; me.rev.stat. ..... louis, 1904 (1905); congresso internazionale pro riposo settimanale, resoconto, milano, 1906 (undated); sunday, the world's rest day, fourteenth international lord's day congress, oakland, california, 1915 .....
Tag this Judgment!Court : Supreme Court of India
..... preservation and beautification of monumental buildings, public parks and public gardens including location or installation of statues or fountains therein; (f) under passes, over-passes and regulations of street furniture and hoardings; (g) location and plans of power houses, water towers, television and other communication towers ..... and for reasons to be recorded in writing the commissioner/vice chairman/chairman of municipal committee/authority/ndmc shall follow the procedure as per the development act to alter, modify, relax the development control norms in the master plan or building bye laws for conservation, preservation retention of historic, aesthetic, cultural or environmental quality of any heritage ..... this constitution and not previously repealed, notwithstanding ..... and outdated infrastructure; (viii) there are six plots on central vista, which houses temporary barracks or stable building during 2nd world war occupying 90 acres of land, which has remained underutilised ..... ancient restrictions in the law relating to the prerogative writs and orders have not prevented the courts from extending the requirement of natural justice, namely the duty to act fairly, so that it is required of a purely administrative act, so also has the modern law, a vivid sketch of which my noble ..... and minimal impact must be adhered to and any operation of restoration or modification ought to be considered as a special operation to be compulsorily preceded by a detailed archaeological and .....
Tag this Judgment!Court : US Supreme Court
..... or liability, either civil or criminal, which shall have been incurred under such statute, section or part thereof, unless the repealing, repealing and reenacting, revising, amending or consolidating act shall expressly so provide; and such statute, section or part thereof, so repealed, repealed and reenacted, revised, amended or consolidated, shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings or prosecutions, civil or criminal, for the enforcement of such penalty, forfeiture or liability, as well as ..... footnote 3 ] thus, the statewide public accommodations law enacted in 1964, see note 1 supra, is entitled "an act to repeal and reenact, with amendments . . . ..... to avoid these pitfalls -- to let issues of state law be decided by state courts and to preserve our policy of avoiding gratuitous decisions of federal questions -- we have long followed a uniform practice where a supervening event raises a question of state law pertaining to a case pending on review here ..... [ footnote 6/15 ] the use in this country of trespass laws, both civil and criminal, to allow people to substitute the processes of the law for force and violence has an ancient origin in england. ..... although the speed of the movement varied, it was not until 1904, for example, that maryland, the respondent in this case, extended jim crow legislation to railroad coaches and other common carriers. ..... : united states census of business, 1958, vol. i. .....
Tag this Judgment!Court : US Supreme Court
..... (declaring that inhabitants of the territory were entitled to the enjoyment of all the rights of citizens of the united states, according to the principles of the constitution; and in the mean time shall be maintained and protected in the free enjoyment of their liberty and property, and secured in the free exercise of their religion without restriction ); treaty concerning the cession of the russian possessions in north america by his majesty the emperor of all ..... this case is not whether our entire fourteenth amendment jurisprudence must be preserved or revised, but only whether, and to what extent, a particular clause in the constitution protects the ..... webster s memorial was republished in a pamphlet discussing the nation s next major debate on slavery the proposed repeal of the missouri compromise through the kansas-nebraska act, see the nebraska question: comprising speeches in the united states senate: together with the history of the ..... . no one suggests that the tenth amendment, which provides that powers not given to the federal government remain with the states, applies to the states; such a reading would border on incoherent, given that the tenth amendment exists (in ..... is a basic right, recognized by many legal systems from ancient times to the present day,[ footnote 15 ] and in heller, we held that individual self-defense is the ..... site of the evangelical lutheran church of finland states that the church may be usefully described as both a state church ..... ( ..... ( .....
Tag this Judgment!Court : Supreme Court of India
..... that crime; (b) establishment of an effective financial and regulatory regime to deny criminals and their illicit funds access to national and international financial systems, thus preserving the integrity of financial systems worldwide and ensuring compliance with laws and other regulations against money laundering through: (i) customer identification and verification requirements applying the principle of "know ..... of section 58, all things done and actions taken under the repealed ordinance are deemed to be done or taken in exercise of the powers conferred by the repealing act, as if that act were in force on the ..... to manually monitor and ensure that foreign remittances are not credited to a small account and that the stipulated limits on monthly and annual aggregate of transactions and balance in such accounts are not breached, before a transaction is allowed to take place; (iii) the small account shall remain operational initially for a period of twelve months, and thereafter for a ..... ordered or effected, damages assessed, rents or damages or costs recovered and proceedings initiated) or purported to have been done or taken under (eviction of unauthorised occupants) act, 1958 shall be deemed to be as valid and effective as if such thing or action was done or taken under the corresponding provisions of this act which, under sub-section (3) of section 1 shall be deemed ..... of an individual user and every site that she visits, ..... and finger have been used since ..... monumental .....
Tag this Judgment!Court : Supreme Court of India
..... of the tamil nadu hindu religious and charitable endowments (amendment) act, 1970 was questioned by hereditary archakas and mathadhipatis of some ancient temples of tamil nadu, as the amendment act did away with the hereditary ..... or made by a legislature or other competent authority in the territory of india before the commencement of this constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular ..... different things, so on and so forth, provided that their different tastes and liking remain within their legal framework and neither violates any ..... freedoms have linkages and exist in a state of mutual co-existence, the freedom of religious denominations under article 26 must be read in a manner which preserves equally, ..... , sex and personal characteristics as the sites of discrimination and ..... mere incongruous heap of, as it were, grains of sand, thrown together without being united, each of these intellectual and isolated grains differing from every other, and the whole forming a but nominally united while really unconnected mass; fraught with 31 (2003) 6 scc61132 (1904) ac51573 nothing but internal dissimilitude, and mutual and reciprocal contradiction and dissension ..... . the court 26 (1958) scr89547 part f accepted the claim that the temple was a denominational temple founded for the benefit of the gowda saraswats, and proceeded to examine whether exercising the right of a religious .....
Tag this Judgment!Court : Supreme Court of India
..... bce), drawn up by the kings of babylon made adultery punishable by death and most other near eastern and classical culture also treated it as a serious offence the main concern of such laws was usually to uphold the honour and property rights of fathers, husbands and higher status groups 24 16 in ancient greco-roman societies, there existed a sexual double standard according to which adultery constituted ..... repeal the offence, but to equate liability for the sexes: the object of the section is to preserve ..... of the paramour for adultery.12 the claim for damages for adultery was to be tried on the same principles, and in the same manner, as actions for criminal conversation which were formerly tried at common law.13 the status of the wife, however, even after the passing of the matrimonial causes act, 1857 remained as 10 matrimonial causes act 1857; 1857 (20 & 21 vict.) c. ..... access to his wife s sexuality .133 130 ratna kapur and brenda cossman, subversive sites: feminist engagements with law in india, sage publications ( ..... (1904), as follows: we think the authorities show the husband had certain personal and exclusive rights with regard to the person of his wife which are interfered with and invaded by criminal conversation with her; that such an act on the part of another man constitutes an assault even when, as is almost universally the case as proved, the wife in fact consents to the act ..... such a magnificent, compassionate and monumental document embodies emphatic inclusiveness which .....
Tag this Judgment!Court : US Supreme Court
..... as in other nations of the western world, the struggle about this punishment has been one between ancient and deeply rooted beliefs in retribution, atonement or vengeance, on the one hand, and, on the other, beliefs in the personal value and dignity of the common man that were born of the democratic movement of the eighteenth century, as well ..... , and this very circumstance is urged as a reason for a repeal of the law; but, before your lordships are induced to consent to such repeal, i beg to call to your consideration the number of innocent persons who might have been plundered of their property or destroyed by midnight murderers if the law now sought to be repealed had ..... the state's bargaining position in criminal cases, since life imprisonment remains a severe sanction which can be used as leverage for bargaining ..... and indifference and ignorance result in preservation ..... stating the narrow, "historical" interpretation of the clause: "this [english] declaration of rights had reference to the acts of the executive and judicial departments of the government of england; but the language in question as used in the constitution of the state ..... and the "right" thing to do; that thereby we convince ourselves that we are moving down the road toward human decency; that we value life even though that life has taken another or others or has grievously scarred another or others and their families; and that we are less barbaric than we were in 1879, or in 1890, or in 1910, or in 1947, or in 1958 ..... 1904 .....
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