Court : Chennai
..... and his right to sleep which is the normal comfort and a dire necessity for human existence even as an animal? it might not be inappropriate to refer here to the words of the preamble to the constitution that it is designed to 'assure the dignity of the individual' and therefore of those ..... this court from time to time. in kharak singh v. state of u.p. it was held that the term 'life' indicates something more than mere animal existence. (see also state of maharashtra v. chandrabhan tale) the inhibitions contained in article 21 against its deprivation extend even to those faculties by which life ..... under article 21 and granted compensation. while doing so, the supreme court had observed that the right under article 21 is some thing more than mere animal existence. in paragraphs 33 and 36, the supreme court had observed as follows:33. let us now consider the meaning of the word 'life' interpreted ..... in the 5th and 14th amendments of the u.s. constitution corresponding to article 21 means not merely the right to the continuance of a person's animal existence, but a right to the possession of each of his organs - his arms and legs etc. we do not entertain any doubt that the word ..... of 1956) (presently prevention of immoral traffic act), the courts have emphasised the power of the police officer under section 15(1) of the act and held that a search made without record is illegal. it was held in state of rajasthan v. rehman reported in : (1960) 1 scr 991 : air 1960 sc 210 that the law requires .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1978SC597; (1978)1SCC248; 2SCR621
..... of any law in force. regarding punitive detention this court in saha case has held that as the constitution has conferred rights under article 19 and also adopted the preventive detention to prevent the greater evil by imperilling security, the safety of the state and the welfare of the nation, it is not possible to think that a person who is detained ..... , freedom of speech and expression, personal liberty to move where he likes and so on and so forth. it was this vast conception of man in society and universe that animated the formulation of fundamental rights and it is difficult to believe that when the constitution makers declared these rights, they intended to confine them only within the territory of india ..... when there was no law on such a regulation, violated article 21.217. i will not proceed to examine the provisions of passport act, act 15 of 1967, to determine whether the provisions of the act are in accordance with the procedure established by law.218. the preamble states that the act is to provide for the issue of passports and travel documents to regulate the ..... liberty and paramount to the happiness, dignity and worth of the individual, will not be entitled to any procedural safeguard save such as a legislature's mood chooses. in kochunni : 3scr887 the court, doubting the correctness of the gopalan decision on this aspect, said : had the question been res-integra, some of us would have been inclined to agree with .....Tag this Judgment!
Court : Guwahati
..... therein. according to the board, as the end objective of the legislation is to protect the growers of agricultural produce from exploitation in the hands of dealers and to prevent distress sale at a lower price, provisions for transport of agricultural produce, dissemination of information about improved, techniques in cultivation, supply of agricultural essentialities etc., comprehended within ..... levy was quashed.59. the question posed before a constitution bench of the apex court in belsund sugar co. ltd., (supra), was whether bihar agricultural produce market act, 1960, could apply to the transaction of purchase of sugarcane by the sugar mills and also of sugar and molasses despite the fact that such exploits were already being regulated ..... to a levy thereunder, otherwise available to him in law.36. we propose hereafter to deal with the various contentions bearing on the amendments of the act. the act as its preamble discloses is a legislation to provide for better regulation of buying and selling of agricultural produce and the establishment of market for agricultural produce in the state ..... of assam is, therefore, of no avail. 'agricultural produce' has been defined in section 2(1) (i) to mean and include any produce whether processed or non-process of agriculture, horticulture, animal husbandry, pisciculture, sericulture and forest as specified in the schedule to the act.91. the apex court in state of rajasthan v. rajasthan agriculture input dealers association (supra), while .....Tag this Judgment!
Court : Chennai
Reported in : (1966)2MLJ194
..... up for consideration the competency of the state legislature to enact madras act xiv of 1957. the act is entitled an act to prevent insults to national honour. the preamble runs thus:whereas it is expediept and necessary to prevent certain offences against the indian national flag, pictures, effigies and statute ..... court, in buddha pitai v. s.d.o. : air1965all382 , where a candidate for panchayat election had been convicted under the prevention of food adulteration act, a social legislation, for vending an article of food containing prohibited colouring matter. the learned chief justice and sharma, j., took ..... of the father of the nation, or the constitution of india. the short title of the act as found in section 1 is:this act may be called the prevention of insults to national honour act ..... man wilfully to set fire to his own house on the ground that such an act endangers the public safety, or to overwork a horse on the ground of cruelty to the animal, though affecting in some sense property and the right of a man to do as ..... grievances. proceeding the learned judge refers to the decision of the supreme court in superintendent, central prison v. p.m. lohia 1960 s.c.j. 597 : 1960 m.l.j. 340, and observes at page 1171:the learned judge (subba rao, j.) stated that in order that a .....Tag this Judgment!
Court : US Supreme Court
..... ___ (slip op., at 4 5) (consulting late 19th-century treatises to ascertain how americans would have read the amendment s preamble in 1791); i focused more closely on sources contemporaneous with the amendment s drafting and ratification.[ footnote 49 ] no mechanical yardstick can measure which of ..... 39th cong. globe 1013. the measures they used were ruthless, repressed virtually every right recognized in the constitution, and demonstrated that preventing only discriminatory state firearms restrictions would have been a hollow assurance for liberty. public reaction indicates that the american people understood this ..... 10 (plurality opinion). footnote 3 it is no secret that the desire to displace major portions of our equal protection and substantive due process jurisprudence animates some of the passion that attends this interpretive issue. saenz , 526 u. s., at 528 (thomas, j., dissenting). footnote 4 wilkinson, ..... proceeding slowly and incrementally, building on what came before. this restrained methodology was evident even in the heyday of incorporation during the 1960 s. although it would have been much easier for the court simply to declare certain amendments in the bill of rights applicable ..... identify liberties enumerated in the constitution as privileges and immunities common to all united states citizens. for example, the louisiana cession act of 1803, which codified a treaty between the united states and france culminating in the louisiana purchase, provided that the inhabitants .....Tag this Judgment!