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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 ]
"Justice Khanna was right in holding that the recognition of the right to life and personal liberty under the Constitution does not denude the existence of that right, apart from it nor can there be a fatuous assumption that in adopting the Constitution the people of India surrendered the most precious aspects of the human persona, namely, life ...
Janhit Abhiyan v. Union of India or EWS Reservation Case. 2022 The legality of the 103rd Amendment of the Constitution, which provides reservation in educational institutes as well as in jobs for the economically weaker sections, was upheld. Supriyo v. Union of India: 2023 The right to marry is a statutory right, not a constitutional right.
S. R. Bommai v. Union of India; Sarla Mudgal, & others. v. Union of India; Satyam Infoway Ltd. v. Sifynet Solutions Pvt. Ltd. Mohd. Ahmed Khan v. Shah Bano Begum; Shreya Singhal v. Union of India; Sonipat-Kharkhoda IMT land case; Stanislaus v. State of Madhya Pradesh; State of Madras v. Champakam Dorairajan; Supriyo v. Union of India; Suresh ...
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 ...
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His Holiness Kesavananda Bharati Sripadagalvaru & Ors. v. State of Kerala & Anr. (Writ Petition (Civil) 135 of 1970), also known as the Kesavananda Bharati judgement, was a landmark decision of the Supreme Court of India that outlined the basic structure doctrine of the Indian Constitution. [2]
The Contempt of Courts Act 1971 categorises the offence of contempt into civil and criminal contempt. [12] The act specifies that high courts and the Supreme Court of India have the power to try and punish the offence of contempt, and high courts have the power to punish acts of contempt against courts subordinate to them; however, the Supreme Court of India has clarified that any court of ...