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Indian case law by case name, citation, provision or legal issue, with the case summary, the judgment text where we hold it and the provisions it applies.
21–40 · Page 2 of 10
Supreme Court of India24 Apr 2023Full text
2023 INSC 419 · [2023] 4 S.C.R. 512
may follow up the import of Maneka Gandhi and crystallise the conclusion. Maneka Gandhi case has laid down that personal liberty cannot be cut out or cut down without fair legal procedure. Enough has been set out
Matched in judgment text
Supreme Court of India21 Nov 2023Full text
Indian case law by case name, citation, provision or legal issue, with the case summary, the judgment text where we hold it and the provisions it applies.
21–40 · Page 2 of 10
Supreme Court of India24 Apr 2023Full text
2023 INSC 419 · [2023] 4 S.C.R. 512
may follow up the import of Maneka Gandhi and crystallise the conclusion. Maneka Gandhi case has laid down that personal liberty cannot be cut out or cut down without fair legal procedure. Enough has been set out
Matched in judgment text
Supreme Court of India21 Nov 2023Full text
2023 INSC 1013 · [2023] 16 S.C.R. 672
read the guarantees of fair procedure and non-arbitrariness as emanating from the decision of this Court in Maneka Gandhi v. Union of India [Maneka Gandhi v. Union of India, (1978) 1 SCC 248] into the provisions
Matched in judgment text
Supreme Court of India13 Oct 2022Full text
2022 INSC 1085 · [2022] 5 S.C.R. 426
objectives and it is the duty of the Court to progressively realise the values of the Constitution. In Maneka Gandhi v. Union of India [Maneka Gandhi v. Union of India, (1978) 1 SCC 248] , it has been held
Matched in judgment text
Supreme Court of Indiaundefined undefined NaNFull textCited by 2
(1980) 2 SCC 684
the normal penalty for murder. Secondly, it is argued, the seven-Judge decision of this Court in [Maneka Gandhi v. Union of India](/doc/1766147/) has given a new interpretative dimension of the provisions of [Articles 21](/doc/1199182
Matched in judgment text
Supreme Court of India17 Oct 2023Full text
2023 INSC 920 · [2023] 16 S.C.R. 1209
judges, in All India Bank Employees Association v. National Industrial Tribunal62. That decision was quoted with approval in Maneka Gandhi v. Union of India (UOI) & Ors. , (hereafter, “Maneka Gandhi”)63: “This theory has been fi rmly rejected
Matched in judgment text
Supreme Court of India18 May 2023Full text
2023 INSC 548 · [2023] 7 S.C.R. 426
Others [(2015) 4 SCC 400], A.R. Antulay -vs- R.S. Nayak E and Another [(1988) 2 SCC 602] and Maneka Gandhi -vs- Union of India and Another [(1978) 1 SCC 248]. The judgment of the Maneka Gandhi (supra) was
Matched in judgment text
Supreme Court of India23 Jul 2025Full text
2025 INSC 884 · [2025] 7 S.C.R. 1371
afraid, it is rather late in the day to question the correctness of the landmark decision in Maneka Gandhi case and the innovative construction placed by Bhagwati, J. on Article 14 in the three cases of Royappa, Maneka
Matched in judgment text
Supreme Court of India11 Dec 2013Full text
2013 INSC 823 · [2013] 17 S.C.R. 116
Gopalan v. State of Madras 1950 SCR 88, R.C. Cooper v. Union of India (1970) 1 SCC 248, Maneka Gandhi v. Union of India (1978) 1 SCC 248 and submitted that Gopalan's case has not been overruled … Maneka Gandhi's case. 16.9 That the term used in Section 375 IPC, which defines rape is 'sexual intercourse', whereas in Section 377 IPC the expression is 'carnal intercourse'. In Khanu v. Emperor AIR C 1925 (Sind
Matched in judgment text
Supreme Court of India8 Jul 2024Full text
2024 INSC 465 · [2024] 7 S.C.R. 246
Maneka Gandhi v. Union of India, (1978) 1 SCC 248 [Bhagwati J, 29] 92 Prakash Jha v. Union of India (2011) 8 SCC 372 [8, 22-27] 93 Maneka Gandhi (supra), Indibly Creative (supra) [22, 28] 94 Indibly
Matched in judgment text
Supreme Court of India16 Jul 2013Full text
2013 INSC 470 · [2013] 7 S.C.R. 654
reference to the D observations made by this Court in Rustom Cavasjee Cooper Vs. Union of lndia35 and Maneka Gandhi Vs. Union of India & Anr., 36 he emphasised that the direct operation of the Act upon the rights … the doctrine of intended and real effect or the E direct and inevitable effect, in the case of Maneka Gandhi (supra). Dr. Dhawan also emphasised that dancing is covered by Article 19(1)(a) even though it has
Matched in judgment text
Supreme Court of India16 Aug 2022Full text
2022 INSC 835 · [2022] 18 S.C.R. 468
been the cynosure of special constitutional attention in Article 21, the fuller implications whereof have been unravelled in Maneka Gandhi case. When we read the signification of the right of appeal under Article E 134 we must remember … protection of life and personal liberty. Surely, law, in this setting, is a pregnant expression. Bhagwati, J., in Maneka Gandhi stated the position emphatically and since then this Court has followed that prescription and even developed
Matched in judgment text
Supreme Court of India25 Feb 2025Full text
2025 INSC 264 · [2025] 2 S.C.R. 2130
SCC OnLine SC 897; Parvez Noordin Lokhandwalla v. State of Maharashtra & Anr. (2020) 10 SCC 77. 16 Maneka Gandhi v. Union of India (1978) 1 SCC 248. 2152 [2025] 2 S.C.R. Supreme Court Reports an interpretation should not … statute should be weighed against its intended purpose, much as Indian courts have done in cases like Maneka Gandhi (supra) and Arnesh Kumar v. State of Bihar.17 These cases clearly demonstrate the wide prevalence of the principle
Matched in judgment text
Supreme Court of India4 Jul 2018Full text
2019 INSC 194 · [2018] 7 S.C.R. 1
jurisprudence in the Indian context has undergone a sea change after the decisions in R.C. Cooper v. U.O.I6and Maneka Gandhi v. U.O.I7. Learned counsel for the appellant submit that this Court should adopt a more purposive and … and others8 wherein the majority observed that the decisions of this Court prior to R.C. Cooper (supra) and Maneka Gandhi (supra) must be understood in their historical context
Matched in judgment text
Supreme Court of India5 Nov 2024Full text
2024 INSC 835 · [2024] 11 S.C.R. 1
Maneka Gandhi v. Union of India (1978) 1 SCC 248, this Court expanded Article 21 many folds by establishing its co-relationship with Articles 14 and 19. It culminated in a position of law where a law depriving … India. 2. In MH Hosket v. State of Maharashtra (1978) 3 SCC 544 this Court relied on Maneka Gandhi to recognize the right of prisoners to free legal assistance including help in filing appeals. 3. In Hussainara Khatoon
Matched in judgment text
Supreme Court of India20 Mar 2018Full text
2018 INSC 248 · [2018] 4 S.C.R. 877
decision in Rajesh Kumar versus State30 as follows: “62. Until the decision was rendered in Maneka Gandhi (supra), Article 21 was viewed by this Court as rarely embodying the Diceyian concept of rule of law that no one … Rochester ‘be boiled in oil’ it would be valid under Article 21. But after the decision in Maneka Gandhi (supra) which marks a watershed in the development of constitutional law in our country, this Court, for the first
Matched in judgment text
Supreme Court of India23 Aug 2022Full text
2022 INSC 853 · [2022] 12 S.C.R. 320
law” was interpreted to mean “Procedural due process”. This judicial quibbling was ultimately set to rest in Maneka Gandhi v. Union of India, (1978) 1 SCC 248, wherein a combined B reading of Articles 14, 19 and … word “law” in the expression “procedure established by law” in Article 21 has been interpreted to mean in Maneka Gandhi case that the law must be right, just and fair and not D arbitrary, fanciful or oppressive.” (Emphasis
Matched in judgment text
Supreme Court of India27 Feb 2012Full text
2012 INSC 108 · [2012] 1 S.C.R. 1066
have not considered the impact of Article 21 on Section 154 of Cr.P.C. G After and beginning with Maneka Gandhi v. Union of India and Another 1978 (1) SCC 248, this Court has applied Article 21 to several … can be said to be implicit within the provisions of Section 154 of Cr.P.C. Reliance was placed on Maneka Gandhi (supra) and S.M.D. Kiran Pasha v. Government of Andhra Pradesh and Others 1990 (1) SCC
Matched in judgment text
Supreme Court of India12 May 2021Full text
2021 INSC 295 · [2021] 5 S.C.R. 87
Article 19 which are essentially constitutional freedoms or rather the enumerated rights as explained by this Court in Maneka Gandhi vs. Union of India, when a citizen is placed on house arrest, which has the effect of depriving … established by law” has received an expansive and liberal exposition in decisions of this G Court commencing from Maneka Gandhi. Right to personal liberty is the birth right of every human being. The right under Article
Matched in judgment text
Supreme Court of India7 Dec 2020Full text
2020 INSC 682 · [2020] 14 S.C.R. 198
The decisions in Rustom Cowasjee Cooper and Maneka Gandhi are also relevant for our purpose as they have considered the interrelation between the rights enshrined in Article 21, Article 14 and B Article 19 and had made … the law is not free from the necessity to meet the challenge of another guaranteed freedom. Secondly, in Maneka Gandhi, it was held that the expression ‘personal liberty’ in Article 21 is of the widest amplitude and
Matched in judgment text
Supreme Court of Indiaundefined undefined NaNFull textCited by 1
(2010) 7 SCC 263
should be construed with due regard for the inter-relationship between rights, since this approach was recognised in Maneka Gandhi's case, (1978) 1 SCC 248. Hence, we must examine the `right against self-incrimination' in respect
Matched in judgment text
Also on Law on Tips: Bare Acts · Legal news and analysis
2023 INSC 1013 · [2023] 16 S.C.R. 672
read the guarantees of fair procedure and non-arbitrariness as emanating from the decision of this Court in Maneka Gandhi v. Union of India [Maneka Gandhi v. Union of India, (1978) 1 SCC 248] into the provisions
Matched in judgment text
Supreme Court of India13 Oct 2022Full text
2022 INSC 1085 · [2022] 5 S.C.R. 426
objectives and it is the duty of the Court to progressively realise the values of the Constitution. In Maneka Gandhi v. Union of India [Maneka Gandhi v. Union of India, (1978) 1 SCC 248] , it has been held
Matched in judgment text
Supreme Court of Indiaundefined undefined NaNFull textCited by 2
(1980) 2 SCC 684
the normal penalty for murder. Secondly, it is argued, the seven-Judge decision of this Court in [Maneka Gandhi v. Union of India](/doc/1766147/) has given a new interpretative dimension of the provisions of [Articles 21](/doc/1199182
Matched in judgment text
Supreme Court of India17 Oct 2023Full text
2023 INSC 920 · [2023] 16 S.C.R. 1209
judges, in All India Bank Employees Association v. National Industrial Tribunal62. That decision was quoted with approval in Maneka Gandhi v. Union of India (UOI) & Ors. , (hereafter, “Maneka Gandhi”)63: “This theory has been fi rmly rejected
Matched in judgment text
Supreme Court of India18 May 2023Full text
2023 INSC 548 · [2023] 7 S.C.R. 426
Others [(2015) 4 SCC 400], A.R. Antulay -vs- R.S. Nayak E and Another [(1988) 2 SCC 602] and Maneka Gandhi -vs- Union of India and Another [(1978) 1 SCC 248]. The judgment of the Maneka Gandhi (supra) was
Matched in judgment text
Supreme Court of India23 Jul 2025Full text
2025 INSC 884 · [2025] 7 S.C.R. 1371
afraid, it is rather late in the day to question the correctness of the landmark decision in Maneka Gandhi case and the innovative construction placed by Bhagwati, J. on Article 14 in the three cases of Royappa, Maneka
Matched in judgment text
Supreme Court of India11 Dec 2013Full text
2013 INSC 823 · [2013] 17 S.C.R. 116
Gopalan v. State of Madras 1950 SCR 88, R.C. Cooper v. Union of India (1970) 1 SCC 248, Maneka Gandhi v. Union of India (1978) 1 SCC 248 and submitted that Gopalan's case has not been overruled … Maneka Gandhi's case. 16.9 That the term used in Section 375 IPC, which defines rape is 'sexual intercourse', whereas in Section 377 IPC the expression is 'carnal intercourse'. In Khanu v. Emperor AIR C 1925 (Sind
Matched in judgment text
Supreme Court of India8 Jul 2024Full text
2024 INSC 465 · [2024] 7 S.C.R. 246
Maneka Gandhi v. Union of India, (1978) 1 SCC 248 [Bhagwati J, 29] 92 Prakash Jha v. Union of India (2011) 8 SCC 372 [8, 22-27] 93 Maneka Gandhi (supra), Indibly Creative (supra) [22, 28] 94 Indibly
Matched in judgment text
Supreme Court of India16 Jul 2013Full text
2013 INSC 470 · [2013] 7 S.C.R. 654
reference to the D observations made by this Court in Rustom Cavasjee Cooper Vs. Union of lndia35 and Maneka Gandhi Vs. Union of India & Anr., 36 he emphasised that the direct operation of the Act upon the rights … the doctrine of intended and real effect or the E direct and inevitable effect, in the case of Maneka Gandhi (supra). Dr. Dhawan also emphasised that dancing is covered by Article 19(1)(a) even though it has
Matched in judgment text
Supreme Court of India16 Aug 2022Full text
2022 INSC 835 · [2022] 18 S.C.R. 468
been the cynosure of special constitutional attention in Article 21, the fuller implications whereof have been unravelled in Maneka Gandhi case. When we read the signification of the right of appeal under Article E 134 we must remember … protection of life and personal liberty. Surely, law, in this setting, is a pregnant expression. Bhagwati, J., in Maneka Gandhi stated the position emphatically and since then this Court has followed that prescription and even developed
Matched in judgment text
Supreme Court of India25 Feb 2025Full text
2025 INSC 264 · [2025] 2 S.C.R. 2130
SCC OnLine SC 897; Parvez Noordin Lokhandwalla v. State of Maharashtra & Anr. (2020) 10 SCC 77. 16 Maneka Gandhi v. Union of India (1978) 1 SCC 248. 2152 [2025] 2 S.C.R. Supreme Court Reports an interpretation should not … statute should be weighed against its intended purpose, much as Indian courts have done in cases like Maneka Gandhi (supra) and Arnesh Kumar v. State of Bihar.17 These cases clearly demonstrate the wide prevalence of the principle
Matched in judgment text
Supreme Court of India4 Jul 2018Full text
2019 INSC 194 · [2018] 7 S.C.R. 1
jurisprudence in the Indian context has undergone a sea change after the decisions in R.C. Cooper v. U.O.I6and Maneka Gandhi v. U.O.I7. Learned counsel for the appellant submit that this Court should adopt a more purposive and … and others8 wherein the majority observed that the decisions of this Court prior to R.C. Cooper (supra) and Maneka Gandhi (supra) must be understood in their historical context
Matched in judgment text
Supreme Court of India5 Nov 2024Full text
2024 INSC 835 · [2024] 11 S.C.R. 1
Maneka Gandhi v. Union of India (1978) 1 SCC 248, this Court expanded Article 21 many folds by establishing its co-relationship with Articles 14 and 19. It culminated in a position of law where a law depriving … India. 2. In MH Hosket v. State of Maharashtra (1978) 3 SCC 544 this Court relied on Maneka Gandhi to recognize the right of prisoners to free legal assistance including help in filing appeals. 3. In Hussainara Khatoon
Matched in judgment text
Supreme Court of India20 Mar 2018Full text
2018 INSC 248 · [2018] 4 S.C.R. 877
decision in Rajesh Kumar versus State30 as follows: “62. Until the decision was rendered in Maneka Gandhi (supra), Article 21 was viewed by this Court as rarely embodying the Diceyian concept of rule of law that no one … Rochester ‘be boiled in oil’ it would be valid under Article 21. But after the decision in Maneka Gandhi (supra) which marks a watershed in the development of constitutional law in our country, this Court, for the first
Matched in judgment text
Supreme Court of India23 Aug 2022Full text
2022 INSC 853 · [2022] 12 S.C.R. 320
law” was interpreted to mean “Procedural due process”. This judicial quibbling was ultimately set to rest in Maneka Gandhi v. Union of India, (1978) 1 SCC 248, wherein a combined B reading of Articles 14, 19 and … word “law” in the expression “procedure established by law” in Article 21 has been interpreted to mean in Maneka Gandhi case that the law must be right, just and fair and not D arbitrary, fanciful or oppressive.” (Emphasis
Matched in judgment text
Supreme Court of India27 Feb 2012Full text
2012 INSC 108 · [2012] 1 S.C.R. 1066
have not considered the impact of Article 21 on Section 154 of Cr.P.C. G After and beginning with Maneka Gandhi v. Union of India and Another 1978 (1) SCC 248, this Court has applied Article 21 to several … can be said to be implicit within the provisions of Section 154 of Cr.P.C. Reliance was placed on Maneka Gandhi (supra) and S.M.D. Kiran Pasha v. Government of Andhra Pradesh and Others 1990 (1) SCC
Matched in judgment text
Supreme Court of India12 May 2021Full text
2021 INSC 295 · [2021] 5 S.C.R. 87
Article 19 which are essentially constitutional freedoms or rather the enumerated rights as explained by this Court in Maneka Gandhi vs. Union of India, when a citizen is placed on house arrest, which has the effect of depriving … established by law” has received an expansive and liberal exposition in decisions of this G Court commencing from Maneka Gandhi. Right to personal liberty is the birth right of every human being. The right under Article
Matched in judgment text
Supreme Court of India7 Dec 2020Full text
2020 INSC 682 · [2020] 14 S.C.R. 198
The decisions in Rustom Cowasjee Cooper and Maneka Gandhi are also relevant for our purpose as they have considered the interrelation between the rights enshrined in Article 21, Article 14 and B Article 19 and had made … the law is not free from the necessity to meet the challenge of another guaranteed freedom. Secondly, in Maneka Gandhi, it was held that the expression ‘personal liberty’ in Article 21 is of the widest amplitude and
Matched in judgment text
Supreme Court of Indiaundefined undefined NaNFull textCited by 1
(2010) 7 SCC 263
should be construed with due regard for the inter-relationship between rights, since this approach was recognised in Maneka Gandhi's case, (1978) 1 SCC 248. Hence, we must examine the `right against self-incrimination' in respect
Matched in judgment text
Also on Law on Tips: Bare Acts · Legal news and analysis