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
Extent of Application
Public vs Private
26
Rules of SI
- In tune with object - Carry out leg intent - No retrospective effect - Cannot modify to deficiency of statute
27
Ram Narain v. UP
"circumstances" means financial situation, not residence
28
S Gopal Reddy v. Andhra
not just receiving dowry but also demanding dowry is prohibited
29
Kenyon v. Eastwood
"Open Court"
30
MV Joshi v. MU Shimpi
butter from curd is still considered butter from milk
31
Lee v. Knapp
driver shall 'stop' after accident- more than pause
32
Day v. Simpson
'on stage' also includes those below stage
33
Ramavtar v. Assistant Sales Officer
'betel leaves' not = vegetable
34
Tarlochan Dev Sharma v. State of Punjab
abuse of power thru intentional wrong, not honest mistake
35
Smith v. Hughes
solicitation of prostitutions from street vs balcony
36
Kanwar Singh v. Delhi Administration
temporary loss of ownership of cattle was still "abandonement"
37
Carter v. Bradbeer
"include" bar
38
Bengal Immunity Co. Ltd. v. State of Bihar
marginal notes counted
39
Farmers’ Bank of Feyetteville v. Hale
if an exception in a statute is inconsistent with the main body of the act the exception is void
40
Mangoo Singh v. Election Tribunal
before election had to pay "demands", held that "Demands" meant taxes and not just things asked/due
41
Commissioner of Income Tax v. S R Brothers
whether food colours are "dyes" and syrup essences are "scents", how an ordinary person would deal with them
42
Aswini Kumar v. Arbinda Bose
Statement of Objects and Reasons not admissible as aid
43
K. P. Varghese v. Income Tax Officer
Speech by mover of the bill can be referred to find out the mischief
44
Contemporanea expositio est fortissima in lege
contemporaneous exposition is the best and strongest in law
45
Antulay v. Nayak
contemporanea expositio, MLA not public servant
46
N Suresh Nathan v. Union of India
"3 years of service since attaining degree" in executive practice of "3 years since the date of obtaining degree" held by court
47
India Carbon Ltd. v. Superintendent of Taxes
"coal in all its forms" includes petroleum coke, weight to generality
48
Commissioners v. Savoy Hotel
"manufactured beverages including fruits juices" clearly doesn't include fruit juice, noscitur a sociis
49
State of Karnataka v. U.O.I
"powers of a house of legislature" clearly means powers for conduct of its business and not legislative power, noscitur a sociis
50
Jiyaji Rao Cotton Mills Ltd. v. MP Electricity Board
there has to be a clear genus for application of esjudem generis
50
Jiyaji Rao Cotton Mills Ltd. v. MP Electricity Board
there has to be a clear genus for application of esjudem generis
51
Treatment of General Words
- General - Noscitur a Sociis - Rule of Esjudem Generis - Words of Rank - Reddend Singula Singulis