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Legal (SC/Section/Art) Compilation

CA Database

Subject: Polity LIsts: Compilation, SC Cases, Sections Status: Sorted Once

Supreme Court Cases

  1. Shatrughan Chauhan v/s UOI, 2014 - Pending Mercy Petition is Injustice
  2. Babulal v/s State of Bombay - For Every Change in State Reograisation Bill it is not neded to refer to State Legilature

Sections

  1. Section 132 of the Income-Tax Act, 1961

    Section 132 of the Income-Tax Act, 1961, empowers the tax authorities to conduct searches and seizures of persons and properties, without any prior judicial warrant, if they have a “reason to believe” that the person has concealed or evaded income. Hence, statement 1 is correct

    It grants authorities the power to search buildings, places, vehicles, or aircraft based on suspicion of hiding financial assets

    Pooran Mal vs Director of Inspection (1973):

    The constitutionality of Section 132 was challenged in the case of Pooran Mal vs Director of Inspection (1973). Hence, statement 2 is correct

    The Supreme Court upheld the law, citing its own judgment in M.P. Sharma vs Satish Chandra (1954) by emphasizing that the power of search and seizure is essential for the protection of social security and is regulated by law.

  2. Section 15 Juvenile Act

    Treat Juvenile as a Adult

  3. Section 4 Places of Worship Act

    1. Acc to Allahabad HC - Religious Characters can be decided by court or argument
    2. Acc to Allahabad HC - one place of worship can have only one religious character

  4. Section 19 of PMLA read with Art 22(1)

    PMLA Accused to be given copy of gorunds of detention within 24 hours

  5. Section 26A - Drug Ban

    Ministry of Health issues 444 orders since 1983 for banning drugs, with calls for criminal persecution

  6. Section 85 of the Bhartiy Nyay Sanhita

    makes it a crime for causing harm to mental health of a woman

  7. Section 106 of Bharteey Nyay Sanhita

    Doc 2 Years Jail for Negliegent Death

  8. Section 3 PMLA

    Notice to Virtual Digital Asset Service Providers

  9. Section 3 of UAPA

    Can Declare a Outfit Unlawful

Articles

  1. Art 164(4)

    Six Months w/o being elected to SLA

  2. Article 324

    of the Constitution, election commission consist of the chief election commissioner and such number of other election commissioners as the President may decide

  3. Article 365

    imposition of state emergency by President

  4. Article 360

    imposition of financial emergency by President

International

  1. Reasonableness Amendement - Judiciary v/s Govt in Israel

Judiciary

  1. HC under Art 226 & Tribunals cannot ask the Govt to make Laws
  2. Infrastructure Mike in the court room because of which people are not able to implement video conferencing in session in district courts as observed by Delhi High Court in a PIL
    1. Tribunals
    2. The 42 constitutional Amendment Act, 1976, inserted Articles 323-A and 323-B which deals with establishment of tribunals
    3. Article 136 of the Constitution empowers the Supreme Court to grant special leave to appeal from any judgment or order passed by any tribunal in India.
    4. Article 323B specifies certain subjects for which Parliament or state legislatures may constitute tribunals by enacting a law
    | Tribunals are judicial or quasi-judicial institutions established by law. ·       They intend to provide a platform for faster adjudication as compared to traditional courts, as well as expertise on certain subject matters. ·       The 42nd Amendment Act, 1976, inserted Articles 323-A and 323-B. ·       Article 323A empowers Parliament to constitute administrative Tribunals (both at the central and state levels) for adjudication of matters related to the recruitment and conditions of service of public servants. ·       Article 323B specifies certain subjects (such as taxation and land reforms) for which Parliament or state legislatures may constitute tribunals by enacting a law. | ·       Article 136 of the Constitution empowers the Supreme Court to grant special leave to appeal from any judgment, decree, order, determination, sentence, or order passed or made by any tribunal in India. ·       Article 227 enables every High Court to exercise power of superintendence over all tribunals throughout the territories over which it exercises jurisdiction. | ·       Article 323B specifies certain subjects (such as taxation and land reforms) for which Parliament or state legislatures may constitute tribunals by enacting a law. | | --- | --- | --- |