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Is That Legal

Explained: Mercy petition, presidential powers under Constitution to pardon

As per the Constitutional framework in India, mercy petition to the President is the last constitutional resort a convict can take when he is sentenced by the court of law. A convict can present a mer...

What is curative petition?

A curative petition is the last constitutional resort available for redressal of grievances in court after a review plea is dismissed or has been exhausted. The concept of curative petition origina...

What is a Constitution bench?

Generally, most of the cases before the Supreme Court are heard by a division bench (2 or 3 judge members). An exception to this rule is a Constitution bench. A constitution bench consists of at le...

What is the Supreme Court’s take on West Bengal Madrasah Service Commission Act, 2008?

The Supreme Court has upheld the constitutional validity of the West Bengal Madrasah Service Commission Act, 2008 which came into force for the purpose of recruitment of teachers including Headmasters...

What Supreme Court ruled in recovery of damages to property during protests

In 2009, taking suo motu cognizance of various instances of destruction of public property and arson during demonstrations and agitations, the Supreme Court set up two committees which were headed by ...

All you need to know about preventive detention?

What is preventive detention? Under Section 151 of The Criminal Procedure Code, 1973 (CrPC) preventive detention is action taken on grounds of suspicion that some wrong actions may be done by the pe...

All you need to know about Foreigners’ Tribunals

Foreigners' Tribunals are quasi-judicial bodies established as per the Foreigners' Tribunal Order, 1964 and the Foreigners' Act, 1946. It is for those who have been left out in the final NRC list or h...

Can the government be held liable under the Doctrine of Public Trust?

The doctrine of public trust enjoins upon the government the trusteeship of seashore, forests, running water, air and ecologically fragile lands for free and unimpeded use by the public. The governmen...

Can a religious place be considered a “juristic personality” as per law?

Courts in India have held that Hindu idols are legal entities. An idol is the physical manifestation of a deity, and that's why courts accept the premise of them being a legal person having specific r...

Can legal action be initiated against TV shows which joke in the name of, or scandalously portray, dark-skinned, fat and other categories of people?

According to Article 19(1)(a), all citizens of India have the right to freedom of speech and expression but subject to Article 19(2) that puts restrictions regarding public morality, decency, contempt...

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