Court : Delhi
Decided on : Nov-30-2015
..... submitted that even the international covenant on civil and political rights, 1966, article 15, clause-1, ratified by india states that no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. nor shall heavier penalty ..... replied in the affirmative by stating that every donation from an indian, who has acquired foreign citizenship, is treated as foreign contribution. this will also apply to pio card holders and to overseas citizens of india. however, this will not apply to nris who still hold indian citizenship. 46. on the other hand, mr. narender mann, learned standing counsel for respondent cbi ..... would help sustaining the validity of the law by applying the doctrine of reasonable construction rather than applying a doctrine which would make the provision unsustainable and ultra vires the constitution. (u.p. power corporation ltd. v. ayodhaya prasad mishra). xxxx xxxx xxxx 39. as we have already noted in reaching this conclusion, light can be drawn from legal maxims. ..... act 1987 must stand superseded by the corresponding benevolent provision in tada act 1987. it is a permissible course and the express prohibition contained in article 20(1) of the constitution is not a bar for resorting to the corresponding sub-section in tada act 1987. ? 69. moreover, the international covenant on civil and political rights, 1966, article 15, clause .....Tag this Judgment!
Court : Delhi
Decided on : Nov-06-2015
..... for the legislature to respond, but the response came when article 21a was inserted in part iii of the constitution of india by the constitution (86th amendment) act, 2000. article 21a of the constitution of india reads : the state shall provide free and compulsory education to all children of the age of six to ..... basis for saying it is implicitly so protected. but in contrast we find that because of the insertion of article 21-a in the constitution of india the right to education has been made a fundamental right. the strict scrutiny'analysis principle adopted by the courts in us where fundamental ..... fourteen years in such manner as the state may, by law, determine.the preamble to the constitution of india evinces that amongst others, one essential sovereign duty of the state is to secure equality of status and opportunity and assuring the dignity of the ..... krishnan , j.p. and ors. vs. state of a.p. and ors. holding that the provisions of parts-iii and iv of the constitution of india are supplementary and complimentary to each other and that fundamental rights are but a means to achieve the goal indicated in part-iv, the supreme ..... board of education observed : today education is perhaps the most important function of state and local governments ......it is the very foundation of the good citizenship. today it is the principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to .....Tag this Judgment!