Court : Supreme Court of India
..... obtain it without undue interference from the state, whose pre-viability interests are not strong enough to support an abortion prohibition or the imposition of substantial obstacles to the woman's effective right to elect the procedure; (2) a confirmation of the state's power to restrict abortions after viability, if the law contains exceptions for pregnancies endangering a woman's life or health; and (3) the principle that the state has legitimate interests from the outset of the pregnancy in protecting ..... act, 2005, the indian easements act, 1882, the indian penal code, 1860, the indian telegraph act, 1885, the bankers books evidence act, 1891, the credit information companies (regulation) act, 2005, the public financial institutions (obligation as to fidelity and secrecy) act, 1983, the payment and settlement systems act, 2007, the income 64 tax act ..... foreign states or public order or for preventing incitement to the commission of an offence, for reasons to be recorded in writing, by order, direct that any message or class of messages to or from any person or class of persons, or relating to any particular subject, brought for transmission by or transmitted ..... to be detained without trial; (c) to be free from all forms of violence from either public or private sources; (d) not to be ..... protect part d a common thread of liberty and freedom: to my mind, the scheme of the chapter ..... women in the domestic sphere seriously while at the same time protecting the privacy entitlements of women .....
Tag this Judgment!Court : Supreme Court of India
..... for the protection of public interests in view of the threats described above that arise from the use of automated data processing, the legislature must more than was the case previously, adopt organizational and procedural precautions that work counter to the threat of violation of the right of personality 372 the survey program of the 1983 census act ..... she is unable to obtain it either out of his or her gainful employment, or from own property or by benefits from third parties, the state is obliged within its mandate to protect writ petition (civil) ..... reliefs a to d, which are to the following effect: "a) issue a writ, order or direction in the nature of certiorari or any other appropriate writ/order/direction declaring that the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016 is ultra vires, unconstitutional, null and void and in particular violate articles 14, 19 and 21 of the constitution of india; b) issue a writ, order or direction in the nature of certiorari or any other appropriate writ/order/direction declaring that sections 2(h), 2(l), 2(m), 2(v), 3, 5, 6, 7, 8, 9, 10, chapter ..... and higher education, social justice, benefits for persons with disabilities, women and child development, rural development, food ..... act 2005 ..... domestic legislation that identifies the activity of money laundering as a criminal offence, realizing the importance of progress being made by all states in conforming to the relevant recommendations and the need .....
Tag this Judgment!Court : Supreme Court of India
..... for the enforcement of the right conferred by article 21, in my opinion, is that when a petition is filed in a court, the court would have to proceed upon the basis that no reliance can be placed upon that article for obtaining relief from ..... person can be deprived of ins life or personal liberty should prescribe a procedure for such deprivation or, according to the dictum laid down by mukherjea, j.in ..... communities or contains visuals or words contemptuous of religious groups or which promotes communal attitudes; 49 (b) is likely to encourage or incite violence or contains anything against maintenance of law and order or which promotes anti-national attitudes; (c) criticises, maligns or slanders any individual in person or certain groups, segments of social, public ..... acts and execution of judicial process:the state shall not be liable for acts done by judicial officers and persons executing warrants and orders of judicial officers in all cases where protection ..... the european court of human rights after all domestic remedies are exhausted and also finding that on an ..... or sectional diversities 57 and to renounce practices derogatory to the dignity of women , is also an indicator that no one can exercise his fundamental right in a manner that infringes upon ..... the constitution dealing with the states contains six chapters, dealing respectively with, (i) general provision ..... covid-19, in view of section 12 of the disaster management act, 2005, relied on article 21 of the constitution. .....
Tag this Judgment!Court : Supreme Court of India
..... frustrating any proceedings relating to confiscation of such proceeds of crime under this chapter, he may, by order in writing, provisionally attach such property for a period not exceeding ninety days from the date of the order, in the manner provided in the second schedule to the income-tax act, 1961 (43 of 1961) and the director or the other officer so ..... and of any subsequent changes to such laws or a description thereof to the secretary-general of the united nations; (e) if required by fundamental principles of the domestic law of a state party, it may be provided that the offences set forth in paragraph 1 of this article do not apply to the persons who committed ..... india) rules, 2005; h) the prevention of money-laundering (appeal) rules, 2005; i) the prevention of money-laundering (appointment and conditions of service of chairperson and members of adjudicating authorities) rules, 2007; j) the adjudicating authority (procedure) regulations, 2013; k) the prevention of money-laundering (issuance of provisional attachment order) rules, 2013 ..... 2021 and 453/2021 (c) in these writ petitions as further relief of bail/discharge/quashing has been prayed, the same are disposed of in terms of this judgment with liberty to the private parties to pursue ..... for extracting confessions.39 further, this protection was transplanted into the 1872 act40, where on the presumption that a confession made to a police officer was obtained ..... merely by physical threats or violence but by psychic torture, .....
Tag this Judgment!Court : Supreme Court of India
..... women such as survivors of sexual violence/ rape; mentally challenged women, minors, women with disabilities; foetal anomalies; conception 83 judgment dated 6 october 2021 in wp(l) 21977 of 2021 (bombay high court) 84 2020 scc online bom 11672 43 part e in lactational amenorrhea period; single women (such as unwed women (major), divorced and widowed, separated women); women who are facing difficulties in contexts of humanitarian setting/ emergencies and/or natural disasters; women victims of domestic violence/ gender-based ..... from a comprehensive model for 1990 2019, 8(9) lancet global health (2020) 38 part e and unsafe abortions, the mtp amendment act 2021 intended to improve the availability and quality of legal abortion care for women by liberalizing certain restrictive features of the unamended mtp act and by increasing the legal limit of the gestational period within which abortions could be conducted from twenty to twenty-four weeks. iv. the mtp ..... for ..... act also seeks to protect the privacy of a woman who has terminated a pregnancy any rmp who reveals the name or other particulars of such a woman shall be liable to be sentenced to imprisonment which may extend to one year, or with fine, or both.16 the mtp act ..... for causing the miscarriage of a woman with an unborn foetus, except where the procedure is done in good faith in order ..... hospital before 15.07.2022 as her relief will be infructuous after that ..... ) act 2005.46. ..... chapter xvi of the ipc contains a segment titled .....
Tag this Judgment!Court : Supreme Court of India
..... any case, it was open to the interested party to approach the concerned authority under the 2005 act for obtaining (further) requisite information from the concerned authority ..... . in the absence of chapter iii, only section 11a would determine the procedure for modification of master plan and the procedure under section 11a is less cumbersome and merely envisages publication of notice and inviting objections for being considered before taking a ..... . (h) an order made, on or after the commencement of the national green tribunal act, 2010, granting environmental clearance in the area in which any industries, operations or processes or class of industries, operations and processes shall not be carried out or shall be carried out subject to certain safeguards under the environment (protection) act, 1986 (29 of 1986); ..... . importantly, in this case, the local authority s submission that even if it had acted unlawfully, relief should be refused on the basis of the claimant s low prospects of success in objecting to the planning permission was rejected, on the following ..... reveals that a direct democracy was never envisaged by our founding fathers as an ideal model in light of the domestic socio-economic set-up ..... present to the mind of the framers of our constitution was the invalidation of social welfare legislation in the us on the anvil of the due process clause on the ground that it violated the liberty of contract of men, women and children to offer themselves for work in a free market for labour .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... from the statement of objects and reasons to the criminal law (amendment) bill, 2012 can be reproduced as under : the criminal law (amendment) bill, 2012 was introduced in the lok sabha on 4th december, 2012 in order to provide for stringent punishment for crimes against women, as also to provide for more victim friendly procedures ..... bail application no.8610/2013 can be granted to her under the public law, is not available for two reasons: firstly; on the ground of domestic jurisprudence based on constitutional provisions; and secondly; on the ground of human rights jurisprudence based on the universal declaration of human rights, 19481 which has the ..... 509/34 of ipc and section 23, 26 of juvenile justice (care and protection of children) act 2000 and section 8 of protection of children from sexual offences act, 2012. ..... for the bhagalpur blinded victims, rehabilitative justice to the communal violence victims and compensatory justice to the union carbide victims are examples of this liberal package of reliefs ..... in this respect, it is relevant to refer to the provisions contained in chapter xviii of the criminal procedure code whereunder section 231 it has been specifically provided that on the date fixed for examination of witnesses as provided under section 230, the session s judge should proceed to take all ..... sufficient evidence has been obtained to raise a suspicion ..... june, 2005 - rlw20052) raj 1385, took suo moto notice and had given directions to evolve a scheme for providing .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... from the statement of objects and reasons to the criminal law (amendment) bill, 2012 can be reproduced as under : the criminal law (amendment) bill, 2012 was introduced in the lok sabha on 4th december, 2012 in order to provide for stringent punishment for crimes against women, as also to provide for more victim friendly procedures ..... bail application no.8610/2013 can be granted to her under the public law, is not available for two reasons: firstly; on the ground of domestic jurisprudence based on constitutional provisions; and secondly; on the ground of human rights jurisprudence based on the universal declaration of human rights, 19481 which has the ..... 509/34 of ipc and section 23, 26 of juvenile justice (care and protection of children) act 2000 and section 8 of protection of children from sexual offences act, 2012. ..... for the bhagalpur blinded victims, rehabilitative justice to the communal violence victims and compensatory justice to the union carbide victims are examples of this liberal package of reliefs ..... in this respect, it is relevant to refer to the provisions contained in chapter xviii of the criminal procedure code whereunder section 231 it has been specifically provided that on the date fixed for examination of witnesses as provided under section 230, the session s judge should proceed to take all ..... sufficient evidence has been obtained to raise a suspicion ..... june, 2005 - rlw20052) raj 1385, took suo moto notice and had given directions to evolve a scheme for providing .....
Tag this Judgment!Court : Supreme Court of India
..... act provides for general restrictions on undertaking prospecting and mining operations, the procedure for obtaining prospecting licences or mining leases in respect of lands in which the minerals vest in the government, the rule-making power for regulating the grant of prospecting licences and mining leases, special powers of central government to undertake prospecting or mining operations in certain cases, and for ..... government in cash and in the manner specified in chapter vi, for the vesting in it under section 3 of the right ..... for iron/steel undertakings, (b) there were large number of projects under implementation whose viability is based on availability of coal as per the then existing policy, (c) competitive bidding would raise the price of ..... for a screening committee was felt because development of coal mines for captive end-uses required consideration of inputs from a variety of stakeholders such as the ministry of coal, ministry of railways, the concerned state government (owner of the coal block), the concerned administrative ministry like ministry of power (for inputs pertaining to the end use plant) and coal india limited (to protect ..... for allocation of patrapara block but he stated that the state government supports the claimants for patrapara in the following order: (a) m/s neepaz metalicks limited, (b) m/s scaw, (c) m/s visa industries, (d) m/s shree metalicks, all of whom have already entered into a mou with the government of orissa and the order of priority .....
Tag this Judgment!Court : Mumbai
..... procedure for obtaining the adjudication of a court of justice with respect to acts and omissions punishable by penal or criminal sanction, as action or suit describes the procedure for obtaining civil remedies for ..... in the wake of malegaon bomb blast dated 29.09.2008 be quashed and set aside; (c) that the respondent no.4/nia may be restrained by an order of writ from exercising any power in pursuance of the nia act for doing fresh or further investigation of malegaon 2008 blast; 21 in answer to this writ petition, an affidavit has been filed by the respondent no.4/ ..... union executive alone bears the ultimate responsibility for the protection of the sovereignty of india and is ..... in isolation would do violence to the legislative intent ..... act seeks to implement the resolution 1373(2001) dated 28th september 2001 adopted by the security council of the united nations in its 4385 meeting under chapter vii of the charter of the united nations requiring all the states to take measures to combat international terrorism, as also, resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1390 (2002), 1455 (2003), 1526 (2004), 1566 (2004), 1617 (2005 ..... it is in this factual backdrop that the following reliefs are sought by the petitioners:- a) that this hon'ble court may be pleased to declare that the national investigation agency act, 2008 is unconstitutional and ultra vires, by issuing a writ of mandamus or any other writ or an appropriate order under article 226 of the constitution of india; ..... domestic .....
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