Importance of Intention of the Legislature in Interpretation of Laws
It is a well settled principle in law that the Court cannot read anything into a statutory provision which is plain and unambiguous. A statute is an edict of the…
Reasonable Restrictions and Test of Proportionality in Freedom to Trade and Business
The relevant freedoms and restrictions with respect to trade under the Indian Constitution are as follows: “19. Protection of certain rights regarding freedom of speech, etc.- (1) All citizens shall…
The Limits of Religious Freedom- Case of the Followers of Ananda Marg Cult
The case of ‘Acharya Jagdishwaranand Avadhutha etc. v. Commissioner of Police, Calcutta (1983)’ is an important case under Article 25 of Constitution which gives the right of religious freedom. Here…
Tenant’s rights cannot be expanded to eclipse the rights of a property owner willing to undertake redevelopment: Bombay HC
Bombay High Court Diary Introduction A division bench of Justice G.S Patel and Justice Kamal Khata was hearing a petition pertaining to the issue of proposed redevelopment of a building…
Marriage Equality Case- Justice P. Narsimha Judgment
Excerpt from the case of Supriya @Supriyo Chakraborty v. Union of India (2023) I am conscious of the ordeals that arise from a multiplicity of judicial opinions in cases involving…
Marriage Equality Case- Conclusions and Directions of Justice Ravindra Bhat
Excerpt from the judgment of Justice Ravindra Bhat in Same-Sex Marriage Case Conclusion and directions Marriage, in the ultimate context, is not defined merely by the elements, which delineate some…
Marriage Equality Case- Justice Ravindra Bhat on Right to Adoption
Excerpt from the judgment of Justice Ravindra Bhat in Same-Sex Marriage Case Issue of joint adoption by queer couples Some of the petitioners have challenged Regulation 5(3) of the 2020…
Queer Couple may live together but not marry- Justice Ravindra Bhat in Marriage Equality Case
Excerpt from the judgment of Justice Ravindra Bhat in Same-Sex Marriage Case While the right to marry or have a legally recognised marriage is only statutory, the right to cohabit…
Marriage Equality Case- Justice Ravindra Bhat on Inapplicability of the Special Marriage Act to same sex marriage
Edited excerpt from the judgment of Justice Ravindra Bhat in Same Sex Marriage Challenge to the SMA on the ground of impermissible classification The petitioners complained that provisions of the…
Marriage Equality Case- Justice Ravindra Bhat on fundamental right to marry
Excerpt from Justice Ravindra Bhat’s Judgment This court has recognized that marriage is a social institution. As elaborated in Part I, marriage existed and exists, historically and chronologically in all…