Court : Patna
..... our composite culture'. these words are not of this court but taken from sub-clause 5 of article 51a, from the chapter on fundamental duties, in the constitution of india. this case is about neglect by the state of ancient monuments and sites. again, the state needs to be reminded of what ought ..... of much legislation, of a white paper, or a policy paper, on which the government of bihar discharges its obligation to carry out the fundamental duty to preserve the cultural heritage, the plans to protect and maintain the monuments. including plans for the two sites, that is kumrahar in patna and ..... regardless of the period of history to which they belong and cultural, religious and ethnic diversities, they are part of our composite culture; the constitution says so.10. the additional advocate general ii desired an adjournment for two weeks to place the complete financial statement before the court on the ..... on the subject which engages the court. this was the ancient monuments preservation act, 1904. the last of the legislation on this subject, after the constitution came in, is the ancient monuments and archaeological sites and remains act, 1958. bihar also has a state legislation, known as the bihar ancient ..... to be the state policy in this regard, as directed by the constitution. it is given in article 49. the subject is : protection of .....Tag this Judgment!
Court : Delhi
Reported in : 48(1992)DLT433
..... of spiritual values and character; (iv) to advance and promote any other object of spiritual and charitable nature; (v) to infuse spirit in the people of india to effectively discharge their fundamental duties assigned under the constitution of india, specially under clauses (e),(f), (h) & (j) of article 51-a and as given below: (a) to promote harmony and the spirit of common ..... true follower of gita, thereforee, sees lord manifesting himself in everything. according to hindu philosophy god is in everything. it preaches universal brotherhood. all the beings of the world constitute one family-god's family (vasudev kutumbakam). this thought prevails in srimad bhagavad gita in abundance. in this regard, following verses of bhagavad gita can be quoted with advantage: chapter ..... depends upon what suits a seeker. in fact, truth is one but learned describe it in different ways, (sad ekam vipra bahudha vadanti). to a real hindu different religions constitute a symphony produced by the various notes struck by each one of them mingling with one and other and rising in harmony to pay obeisance to the one ultimate reality ..... the last 2000 years, which gradually evolved from vedism, the religion of the ancient indo-european peoples who settled in india in the last centuries of the 2nd millennium b.c. because it integrates a large variety of heterogeneous elements, hinduism constitutes a very complex but largely continuous whole, and since it covers the whole of life, it has religious, social, .....Tag this Judgment!
Court : Allahabad
Reported in : (1998)2UPLBEC1217
..... sampurnanand sanskrit vishvavidyalaya, varanasi is involved in teaching heritage of india and it is supposed to perform its duty in imparting education to the students in its excellence and of high standard. article 51a of constitution of india which relates to the fundamental duties lays down that it shall be duty of every citizen of india to value and preserve the rich heritage of our composite culture ..... procedure by any instrumentality of the state in an action is not observed it is liable to be struck down under article 14 read with article 21 of the constitution of india. in this case the question posed is that when the last date is over for entertaining application the university authority by back door entry has taken the application ..... the respondent has supported the chancellor's decision.12. we are of the considered view that ordinarily in a writ jurisdiction the high court under article 226 of the constitution of india does not sit as a court of appeal but if the decision as arrived by the selection committee, is arbitrary regarding selection and the chancellor has held that it ..... of the petitioner after the advertisement date has been issued and selecting him without readvertising the post in all fairness and not complying with the provisions-of article 14 of constitution of india for not giving a chance to the candidates who were qualified for consideration.3. there is sampurnanand sanskrit vishvavidyalaya (hereinafter referred to as the vishvavidyalaya) in varanasi. it .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1994MP1; 1994(0)MPLJ201
..... . harmony, not anomie, is the need of hour. there has to be tolerance with sense of reciprocity.21. it is well to remember that the constitution of india has now provided fundamental duties in article 51a. one of the duties is to 'renounce practice derogatory to the dignity of women'.22. in the case on hand, the wife is keen to come in but the ..... , learned counsel for the respondent and have perused the record.5. shri chaphekar attacked the decree of the trial court on the following two grounds:(a) refusal about sexual intercourse constituted the ground of curelty and as such, the court below erred in negativing this plea. the appellant as pw 1 deposed on oath that the respondent did not permit sexual .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 2002(1)MPHT315
..... the mercy of the educational institutions affects the livelihood of the teachers which is a part of article 21 of the constitution. attack is also made on the score of unreasonableness.(xxii) article 51a of the constitution of india deals with fundamental duties and if the present amendment is tested on the anvil of the said provision, the same cannot be upheld as ..... book frustrate the social goal which has been sought to be achieved by the requirement of the constitution. immense emphasis has been given on directive principles occurring in chapter iv of the constitution and as well as article 51a which deal with the fundamental duties. the learned counsel for the parties have placed heavy reliance on the decisions rendered in the ..... the action upon the right which attracted the jurisdiction of the court to grant relief. in minerva mills ltd. v. union of india, the fundamental rights and directive principles are held lo be the conscience of the constitution and disregard of either would upset the equibalance built up therein. in maneka gandhi case it was held that different articles in ..... to consider the combined effect of article 21 and article 39a of the constitution of india. the right to free legal aid and speedy trial are guaranteed fundamental rights under article 21 of the constitution. the preamble to the constitution of india assures 'justice, social, economic and political'. article 39a of the constitution provides 'equal justice' and 'free legal aid'. the state shall secure .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2004SC1559; 2004(5)ALLMR(SC)339; (SCSuppl)2004(3)CHN30; 109(2004)DLT17(SC); 2004(73)DRJ720; JT2004(2)SC1; 2004(1)SCALE677; (2004)2SCC510; 2004(2)LC955(SC)
..... question which arises in this respect is whether the right to fly the national flag is to be considered in the context of fundamental duties.78. every right is coupled with a duty. part iii of the constitution of india although confers rights, duties and regulations are inherent thereunder. such reasonable regulations have been found to be contained in the provisions of part iii of the ..... . decisions are many where this court read various rights in article 21 of the constitution of india.51. this court has also interpreted the provisions of the constitution of india either in the light of the directive principles of the state policy as contained in part iv of the constitution of india or fundamental duties as adumbrated in part iva thereof or both. applying the said test and ..... wild life of the country.''51-a. fundamental duties. -- it shall be the duty of every citizen of india -- (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;' we cannot shut our eyes to the statements made in article 48a of the constitution of india which enjoins upon the state to protect and .....Tag this Judgment!
Court : Gujarat
Reported in : (2003)3GLR2516
..... of equality before law and equal applicability of law to all.(10) it also, infringes the directive principles of state policy and fundamental duties provided in the constitution of india.(11) that the impugned act is in contravention of the provisions of the relevant principal acts relating to developments which violates and nullifies the provisions thereof, and therefore ..... is, therefore, very clear that the provisions of the impugned act are required to be examined in the light of the provisions of para iii of the constitution of india providing for fundamental rights.68. apart from the presumption in favour of the constitutionality of the impugned enactment, we have found on facts and in law that the provisions made ..... at times to discharge it. but the courts cannot shrug their constitutional accountability. judicial creativity of apex court and high courts in india is very well known and courts have adopted positive approach in interpreting the constitutional provisions. as long as fundamental rights exist and are part of our constitution, power of judicial review has also to be exercised with a view ..... provision is inconsistent with the provisions contained in part iii dealing with fundamental rights. therefore, there is no contravention of the provisions of article 13(2) of the constitution. now, it will lead us to the consideration of the provisions of article 245(1) of the constitution of india.69. article 245 is provided in chapter xi dealing with legislative relations .....Tag this Judgment!
Court : Mumbai
..... . for a healthy growth of the medium and to subserve the larger public interest, even they have a duty to perform. as the hon'ble supreme court has held, every right has a corresponding duty. article 51a of the constitution of india which sets out the fundamental duties of citizens will guide them and equally the board. 65. what we have found is that the filmmakers ..... . the respondent's request was turned down. thereupon, the respondent filed a petition contending that refusal to publish his rejoinder in the magazine violated his fundamental right under articles 14 and 19(1)(a) of the constitution of india. the writ petition was disposed of. the high court took a view that merely because the magazine is restricted in its circulation among officers ..... publication in the said magazine. the corporation cannot under the guise of publication of an in-house magazine violate the fundamental right of the respondent. given the position and status of lic within the meaning of article 12 of the constitution of india, the high court held that it must honour the right guaranteed under article 19(1)(a) thereof. the high court ..... may have to be performed while exercising the same. every such power is coupled with a duty to uphold and not suppress the constitutional freedom of speech and expression. 48. we are concerned with some of the guidelines including the one wherein sovereignty and integrity of india should not be allowed to be called in question. 49. we are in agreement with the .....Tag this Judgment!
Court : Mumbai
Reported in : 1997(3)BomCR516; (1996)98BOMLR909
..... this country.26. we may refer to provisions of the constitution of india in this connection. part iva deals with the fundamental duties. under article 51a of the constitution of india, the fundamental duties are incorporated and it is provided that, 'it shall be the duty of every citizen of india -(a) to abide by the constitution and respect its ideal and institutions, the national flag ..... and the national anthem;(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;(c) to uphold and protect the sovereignty, unity and integrity of india ..... only governments but also every citizen must undertake. it is a social obligation and let every indian citizen be reminded that it is his fundamental duty as enshrined in article 51a(q) of the constitution.'28. in our opinion, the ratio laid down by the supreme court in the above decision squarely applies in respect of the matters ..... unity and national integrity of the country, especially with respect to jammu & kashmir, which is integral part of india; bounded by the same rich heritage and composite culture. article 51a provides for the fundamental duties on the citizens of india; including the advertising agency and the respondent pidilite industries ltd. we are of the opinion that the advertisement was .....Tag this Judgment!
Court : Mumbai
Reported in : 2009(1)BomCR501
..... of dogs has to be totally prohibited, the learned counsel mrs.norma alvares has firstly referred to articles 51 & 21 of the constitution of india. she has submitted that under article 51 of the constitution of india citizens have a fundamental duty to show compassion to all living creatures. she has also submitted that stray animals, being homeless/abandoned, are especially deserving of ..... compassion from society and killing of such a stray animal merely because it is ownerless would amount to lack of compassion and would therefore be a violation of article 51. referring to article 21 of the constitution ..... immunizing the stray dogs through the abc program, but it also seeks to achieve the constitutinoal goal enshrined in article 48a and article 51(g) of the constitution, by ensuring that the fundamental duties are complied with by both the state and the citizens, and as such, according to mr. gurumurthy the aforesaid abc (dog) rules-2001 cannot be said ..... a lethal chamber. it is the contention of mr. singhvi that article 51a(g) finds place in part iv-a of the constitution containing fundamental duties of citizens. this article expects every citizen to inter alia have compassion for living creatures. this is a duty imposed upon a citizen and no consequences have been spelt out for committing breach of this .....Tag this Judgment!