Immutability - Judgment Search Results

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court: Supreme Court of India

Reported in: AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... underlying the various articles of the constitution which were claimed to be fundamental and immutable kennedy c j after referring to the different articles of the constitution held that ..... pufendorf with their theological strains when the court declares that the fundamental rights are primordial immutable and inalienable it is presumably banking on blackstone with the difference that unlike him .....

A.K. Gopalan Vs. the State of Madras

Court: Supreme Court of India

Reported in: AIR1950SC27; 1950CriLJ1383; (1950)IIMLJ42(SC); [1950]1SCR88

..... ordinary and established procedure under the criminal procedure code though i cannot agree that they are immutable and beyond legislative change the requirements of notice and an opportunity to establish ..... 21 prescribes a procedure this procedure according to learned counsel means those fundamental immutable rules of procedure which are sanctioned or well established by principles of natural .....

Cleburne Vs. Cleburne Living Ctr.

Court: US Supreme Court

..... id at 197 in addition the mentally retarded lacked political power and their condition was immutable the court considered heightened scrutiny to be particularly appropriate in this case because the ..... and intelligence are typically accepted as legitimate even by judges and commentators who assert that immutability is relevant the explanation when one is given is that those characteristics unlike the .....

Navtej Singh Johar Vs. Union of India Ministry of Law and Justice Secr ...

Court: Supreme Court of India

..... aforesaid commonality to them discrimination on the basis of our immutable status tends to deny us an autonomous life its result ..... context as well in light of the underlying aspects of immutability and fundamental choice the lgbt community is a sexual minority ..... of bestiality sodomy and non consensual relationships sexual orientation is immutable since it is an innate feature of one s identity .....

Fornah (Fc) (Appellant) Vs. Secretary of State for the Home Department ...

Court: House of Lords

..... to clarifying this ground of claim having identified what it called the protected characteristics or immutability and social perception approaches which it suggested would usually but not always converge the ..... approach might identify set apart groups based on a common characteristic which is neither immutable nor fundamental 100 the unhcr believes that the two approaches can be reconciled and .....

Janhit Abhiyan Vs. Union Of India

Court: Supreme Court of India

..... status of backwardness which is based on age old caste practices and oppressions that are immutable the newly protected class under the amendment in question lacks historic and continuing lack ..... more like a series of concentric circles para 5 the inner circle is innate largely immutable and closely connected with personality gender sexual orientation colour race disability next come nationality .....

Justice k.s.puttaswamy(retd) Vs. Union of India

Court: Supreme Court of India

..... his view absolute rights which were vested in the individual by the immutable laws of nature these absolute rights were divided into rights of ..... of those absolute rights which were vested in them by the immutable laws of nature 97 thus right of choice and right of ..... is often assumed to be the case that is because these immutable features are also constantly engaged with our 247 social and cultural .....

Suresh Kumar Koushal and anr. Vs. Naz Foundation and ors.

Court: Supreme Court of India

..... persons can indulge in the expression of homosexual orientation which is an innate and immutable characteristic of homosexual persons is criminalised by section 377 the section ends up ..... like gender discrimination discrimination on the basis of sexual orientation is directed against an immutable and core characteristic of human personality even international law recognises sexual orientation as .....

Arizona Vs. Youngblood

Court: US Supreme Court

..... be preserved a corollary particularly applicable to this case is that the evidence embody some immutable characteristic of the assailant which can be determined by available testing methods so for ..... unreasonable the next inquiry is whether the evidence which was obviously relevant and indicates an immutable characteristic of the actual assailant is of a type likely to be independently exculpatory .....

Delhi Transport Corporation Vs. D.T.C. Mazdoor Congress and Others

Court: Supreme Court of India

Reported in: AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)

..... was further reiterated that the rules of natural justice are not immutable but flexible these rules can be adopted and modified by ..... the implications of absolute sanctity of contractual obligations and of their immutability 277 in paragraph 4 of chitty on contracts 25th edition ..... in normal commercial contract law it is not an absolute and immutable one but is subject to change in the changing social .....