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Another area of tort that developed in India which differs from the UK is the notion of constitutional torts. Creating constitutional torts is a public law remedy for violations of rights, generally by agents of the state, and is implicitly premised on the strict liability principle. [ 63 ]
In India, as in the majority of common law jurisdictions, the standard of proof in tort cases is the balance of probabilities as opposed to the reasonable doubt standard used in criminal cases or the preponderance of the evidence standard used in American tort litigation, although the latter is extremely similar in practice to the balance of ...
The Constitution of India, enacted in 1950, specifically established the Supreme Court of India as well as high courts in the states of India as courts of record with the power to punish for acts of contempt. [5] Contempt of court is also a ground on which the right to freedom of speech in India can be restricted. [6] [7]
The first cases of COVID-19 in India were reported on 30 January 2020 in three towns of Kerala, among three Indian medical students who had returned from Wuhan, the epicenter of the pandemic. [ 10 ] [ 11 ] [ 12 ] Lockdowns were announced in Kerala on 23 March, and in the rest of the country on 25 March.
Suresh Kumar Koushal & Anr. v. NAZ Foundation & Ors. (2013) is a case in which a 2 judge Supreme Court bench consisting of G. S. Singhvi and S. J. Mukhopadhaya overturned the Delhi High Court case Naz Foundation v. Govt. of NCT of Delhi and reinstated Section 377 of the Indian Penal Code.
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The court referred to the various provisions in the Constitution of India and reminded that its Preamble promised to secure to all citizens of India "Justice, social, economic and political" and "Liberty of thought, expression, belief, faith, and worship". It further provided "Equality of status and of opportunity" and assured individual dignity.
The Constitution of India is the supreme legal document of India. [2] [3] The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written national ...