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The decision had a significant influence on Indian constitutional law and has been described as the moment when the Supreme Court of India rejected "three decades of formalist interpretation, and inaugurated a new path where Courts would expand the rights of individuals against the State, instead of limiting or contracting them." [2]
Rather than simply laying out the legal doctrine in a particular area of study, a casebook contains excerpts from legal cases in which the law of that area was applied. [1] It is then up to the student to analyze the language of the case in order to determine what rule was applied and how the court applied it. [ 1 ]
The 2003 Nisha Sharma dowry case was an anti-dowry lawsuit that has been cited as an illustrative example highlighting the potential for misuse of the IPC 498A law in India. In this case, Nisha Sharma accused her prospective groom, Munish Dalal, of dowry demands, raising questions about the dynamics and fairness of such allegations within the ...
Pendency of court cases in India is the delay in the disposal of cases (lawsuits), to provide justice to an aggrieved person or organisation, by judicial courts at all levels. In legal contexts, pendency is the state of a case that is pending i.e. has been opened but not concluded.
The civil court/district court is judged by the district and sessions judge who is the judicial head of a district with a limited control over administration also. It is the principal court of original civil jurisdiction besides the high court of the state and which derives its jurisdiction in civil matters primarily from the Code of Civil ...
The case was heard before a two-judge bench of the Supreme Court, composed of Justice K.S. Panicker Radhakrishnan and Justice Arjan Kumar Sikri. [6] Justice Radhakrishnan had functioned as a Standing Counsel for a number of educational and social organizations and held appointments in the High Courts of Kerala, Jammu and Kashmir and Gujarat before his elevation to the Supreme Court. [7]
Specifically, the court adopted the three-pronged test required for any encroachment of Article 21 right: legality, or the existence of a certain law; necessity, in terms of a legitimate state objective; and proportionality, which requires a rational connection between an object and the means required to get that object.
United States Reports, the official reporter of the Supreme Court of the United States. Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported.