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7th Sem > JP Judgments > Flashcards

JP Judgments Flashcards

1
Q

Hussainara Khatoon v. State of Bihar

A

humane treatment of prisoners

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2
Q

Ratlam Municipal Council v. Vardichand

A

public sanitation

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3
Q

Maneka Gandhi v. UOI

A

procedural fairness

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4
Q

Vishaka v. UOI

A

POSH

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5
Q

Keshavananda Bharti

A

compulsory acquisition of his land, parliament can AA but cannot violate basic structure

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6
Q

Article 13

A

declares that any law which contravenes any of the provisions of the part of the fundamental rights shall be void.

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7
Q

Article 32

A

provides the right to constitutional remedies which means that a person has the right to move to the supreme court for getting his fundamental rights protected

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8
Q

Article 226

A

empowers the high court to issue directions, orders or writs in the nature of habeas corpus, mandamus, quo warranto and certiorari. Such directions, orders or writs may be issued for the enforcement of fundamental rights or any other purpose.

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9
Q

Shankari Prasad v. Union of India

A

1st amendment act of 1951 challenged- Right to property abridged-SC held S368 gave powers and held it valid

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10
Q

Golaknath v. State of Punjab

A

1st, 4th and 17th amendments challenged, SC held S368 gave no powers and held invalid, AAs=law

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11
Q

Minerva mills v. Union of India

A

Mill taken over by National Textile Corp Lim., challenged, 42nd AA of CoI also challenged (where AA cannot be challenged and AA power could not be limited), former dismissed, latter held unconstitutional

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12
Q

24th AA

A

affirmed P’s authority after Golaknath decision

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13
Q

25th AA

A

overturned Bank nationalisation case, DP > FR

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14
Q

29th AA

A

Land reform laws which eventually paved way for keshavananda

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15
Q

38th AA

A

Emergency cannot be challenged

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16
Q

39th AA

A

election of PM, speaker, Prez and VP cannot be challenged

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17
Q

Bank Nationalisation case

A

14 banks proposed to be nationalised through act challenged, held violative of A14

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18
Q

ADM Jabalpur v. Shivkant Shukla

A

MISA challenged, held that A21 cannot be challenged for this

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19
Q

42nd AA

A

socialist secular integrity inserted, FDs, attempted to reduce power of courts

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20
Q

43rd and 44th AA

A

restores civil liberties, internal disturbance changed to armed rebellion, RtProp only legal right, preventive detention only max 3 months, emergency only on written advice

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21
Q

IR Coelho v. State of Tamil Nadu

A

JR if:
(i) violates FRs
(ii) violates basic structure

22
Q

Duration

A

Temp vs Permanent

23
Q

Method

A

Mandatory vs Directory

24
Q

Object

A

Codifying vs Consolidating vs Declaratory vs Remedial

25
Q

Extent of Application

A

Public vs Private

26
Q

Rules of SI

A
  • In tune with object
  • Carry out leg intent
  • No retrospective effect
  • Cannot modify to deficiency of statute
27
Q

Ram Narain v. UP

A

“circumstances” means financial situation, not residence

28
Q

S Gopal Reddy v. Andhra

A

not just receiving dowry but also demanding dowry is prohibited

29
Q

Kenyon v. Eastwood

A

“Open Court”

30
Q

MV Joshi v. MU Shimpi

A

butter from curd is still considered butter from milk

31
Q

Lee v. Knapp

A

driver shall ‘stop’ after accident- more than pause

32
Q

Day v. Simpson

A

‘on stage’ also includes those below stage

33
Q

Ramavtar v. Assistant Sales Officer

A

‘betel leaves’ not = vegetable

34
Q

Tarlochan Dev Sharma v. State of Punjab

A

abuse of power thru intentional wrong, not honest mistake

35
Q

Smith v. Hughes

A

solicitation of prostitutions from street vs balcony

36
Q

Kanwar Singh v. Delhi Administration

A

temporary loss of ownership of cattle was still “abandonement”

37
Q

Carter v. Bradbeer

A

“include” bar

38
Q

Bengal Immunity Co. Ltd. v. State of Bihar

A

marginal notes counted

39
Q

Farmers’ Bank of Feyetteville v. Hale

A

if an exception in a statute is inconsistent with the main body of the act the exception is void

40
Q

Mangoo Singh v. Election Tribunal

A

before election had to pay “demands”, held that “Demands” meant taxes and not just things asked/due

41
Q

Commissioner of Income Tax v. S R Brothers

A

whether food colours are “dyes” and syrup essences are “scents”, how an ordinary person would deal with them

42
Q

Aswini Kumar v. Arbinda Bose

A

Statement of Objects and Reasons not admissible as aid

43
Q

K. P. Varghese v. Income Tax Officer

A

Speech by mover of the bill can be referred to find out the mischief

44
Q

Contemporanea expositio est fortissima in lege

A

contemporaneous exposition is the best and strongest in law

45
Q

Antulay v. Nayak

A

contemporanea expositio, MLA not public servant

46
Q

N Suresh Nathan v. Union of India

A

“3 years of service since attaining degree” in executive practice of “3 years since the date of obtaining degree” held by court

47
Q

India Carbon Ltd. v. Superintendent of Taxes

A

“coal in all its forms” includes petroleum coke, weight to generality

48
Q

Commissioners v. Savoy Hotel

A

“manufactured beverages including fruits juices” clearly doesn’t include fruit juice, noscitur a sociis

49
Q

State of Karnataka v. U.O.I

A

“powers of a house of legislature” clearly means powers for conduct of its business and not legislative power, noscitur a sociis

50
Q

Jiyaji Rao Cotton Mills Ltd. v. MP Electricity Board

A

there has to be a clear genus for application of esjudem generis

50
Q

Jiyaji Rao Cotton Mills Ltd. v. MP Electricity Board

A

there has to be a clear genus for application of esjudem generis

51
Q

Treatment of General Words

A
  • General
  • Noscitur a Sociis
  • Rule of Esjudem Generis
  • Words of Rank
  • Reddend Singula Singulis

7th Sem (3 decks)

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