Category: Article 14, 15 and 16 – The Right To Equality:

ISSUE:

Whether the whole, or any portion of the West Bengal Special Courts Act 1950, is invalid as being opposed to equality before the law and the equal protection of the laws guaranteed under Article 14 of the Constitution of India?

RULE:

The West Bengal special courts act is void on the grounds that the act was violating Article 14 of the Constitution as it gave arbitrary, uncontrolled and unguided power to the State Government which could be used unreasonably and with bias and, it also restricted equal protection of laws.

ISSUE:

Whether the provisions of ordinance, contravention with the provisions laid down in Article 14 of the Constitution of India?

RULE:

Claim under article 14 is dealt with the presumption that actions performed by the state are justified and reasonable.

ISSUE:

Whether there was actual damage to the roof of godowns of the firm?

Whether the damage on roofs on godowns of the firm is caused by the military?

RULE:

Section 420 and 120B of Indian Penal Code, 1860

Section 5(2) of Prevention of Corruption Act, 1947.

Articles 14, 20, and 136 of Constitution of India, 1949.

Section 342 of Criminal Procedure Code, 1898.

ISSUE:

Whether Section 377 of IPC violates the Right to Equality under Article 14 of the Constitution?

Whether Section 377 of IPC violates Freedom of Speech and Expression under Article 19 of the Constitution?

Whether Section 377 of IPC violates the Right to Life with dignity under Article 21 of the Constitution?

Whether discrimination based on sexual orientation under Section 377 of IPC violates Article 15 of the Constitution?

RULE:

Section 377 of IPC

Article 14, Article 19, and Article 21 of the constitution.

ISSUE:

Are the provisions under Articles 21, 14, and 19 connected with each other, or are they mutually exclusive?

What is the scope of the phrase “Procedure established by law” in Article 21?

Whether the right to travel abroad resides in Article 21?

Is a legislative law that snatches away the right to life reasonable?

RULE:

Section 10(3) and section 10(5) of the passport Act.

Article 14, article 19, and article 21 of the constitution.

ISSUE:

Whether Section 497 of the IPC read with Section 198(2) of the Cr. P.C violated Articles 14, 15, and 21 of the Constitution of India?

RULE:

Section 498 of IPC

Section 198(2) of CR.P.C