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Judgement Maneka Gandhi v. Union of India [22] 1978 A 'procedure' under Article 21 of the Constitution cannot be arbitrary, unfair, oppressive, or unreasonable. A law depriving a person of 'personal liberty' must not violate any of the Articles 14, 19, and 21 of the Constitution. This judgement thus overruled A. K. Gopalan v.
Arnesh Kumar Guidelines or Arnesh Kumar vs State of Bihar (2014) is a landmark judgement of the Indian Supreme Court, [1] [2] stating arrests should be an exception, in cases where the punishment is less than seven years of imprisonment. [3]
The Code of Criminal Procedure, commonly called Criminal Procedure Code (CrPC), was the main legislation on procedure for administration of substantive criminal law in India. [1] It was enacted in 1973 and came into force on 1 April 1974. [ 2 ]
[2] [7] [5] However, in later judgements including the Danial Latifi v. Union of India case and Shamima Farooqui v. Shahid Khan, the Supreme Court of India interpreted the act in a manner reassuring the validity of the case and consequently upheld the Shah Bano judgement, and The Muslim Women (Protection of Rights on Divorce) Act 1986 was ...
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Custodial deaths in India may refer to the deaths in police custody and also to the deaths of persons in judicial custody while undergoing trial or serving a sentence. In the financial year 2021–22, the National Human Rights Commission of India reported 2152 deaths had occurred in judicial custody and 155 deaths had occurred in police custody till 28 February 2022.
"Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used in the United States. [ 1 ] [ 2 ] In Commonwealth countries, a reported decision is said to be a leading decision when it has come to be generally regarded as settling the law of the question involved.
The Act was passed by the Rajiv Gandhi government, with its absolute majority, to nullify the decision in the Shah Bano case, [1] [2] [3] and diluted the secular judgement of the Supreme Court. It is administered by any magistrate of the first class exercising jurisdiction under the Code of Criminal Procedure, 1973 .