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A decision which curtails fundamental rights without appropriate justification will be classified as disproportionate. The corx:ept of proportionality reguires a restriction to be tailored in accordance with the territorial extent of the restriction, the stage of emergency. the nature of urgency, duration of such restrictive measure and nature of such restriction. In which case Supreme Court held so:-
On an application made by a person apprehending arrest on an accusation of having committed a non-bailable offence, the High Court or the Court of Sessions may, under Section 438 Cr P.C., give the direction that:
Under which section of the Cr.PC anticipator bail may be granted to a person apprehending his arrest *
In which of the following cases a proposal can be revoked when it is made by post
In which case fraud is committed by silence
A contract between the creditor and the principal debtor by which the creditor make a composition with, or promises to give time to, or not to sue,
A’ contracts with ‘B ’ to grow a crop I indigo on A’s land and to deliver it to ‘B ‘ at a fixed rate, and ‘C’ guarantees A’s performance o f this contract. ‘B ‘ diverts a stream water which is necessary for irrigational land, and thereby prevents him from raising the indigo
In which case Supreme Court Upheld the validity of national Eligibility Cum Entrance Test (NEET} for admission to medical and dental courses
The concept of’ justice, equity and good conscience’ as a tool to ensure a just outcome also finds expression in Article 142 of the Constitution. The is necessary for doing complete justice’ is of wide amplitude and encompasses a power of equity which is employed when the strict application of law is inadequate to produce just outcome. Supreme Court observed this in which of the following case
Article 20(3) of the Constitution states that a person accused of an offence shall not be compelled to be witness against.
State whether the following statement is true or false:- Statement:-I n the case of Dr. Gulshan Prakash vs. State of Haryana, it was held that .”Article 15(4) is onIy an enabling provision and it is for the respective States either to enact a legislation or issue an executive instruction providing reservation. Article 15(4) is discretionary and no writ can be issued to effect reservation. Such special provision may be made not only by the Legislature but also by the executive.