File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

M.P Sharma and others v/s Satish Chandra, District Magistrate

Brief Facts:
In the present case, there was a company was owned by Dalmai group namely Dalmai airways ltd. which was registered in July 1946 and went into liquidation in June 1952. The probe indicated malpractices within the company and attempts to conceal from shareholders, the actual state of affairs by submitting false accounts and balance sheets. An FIR was registered on November 19, 1953, and a request was made to the District Magistrate, Delhi, for search warrants.
 
Issues of the case:
The main issue that were considered were whether there was Violation of Article 19 (1) (f) (right to property which is not fundamental right now), Violation of Article 20 (3) (right against self-incrimination) and Constitutional limitations to the government's right to search and seizure and if this would in any way breach the right to privacy.

Decision:
A majority decision by an eight-judge Constitution bench held that the right to privacy was not a fundamental right under the Indian Constitution and also held that search and seizure is must for the protection of social security and also stated that search and seizure process is temporary interference for which statutory recognition was unnecessary.

It was considered to be a reasonable restriction of the freedoms under the Constitution which could not be held unconstitutional. The 4th amendment of United States of America was taken into consideration while giving the judgement which is about the reasonable search and seizure.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of th...

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Whether Caveat Application is legally pe...

Titile

Whether in a criminal proceeding a Caveat Application is legally permissible to be filed as pro...

The Factories Act,1948

Titile

There has been rise of large scale factory/ industry in India in the later half of nineteenth ce...

Constitution of India-Freedom of speech ...

Titile

Explain The Right To Freedom of Speech and Expression Under The Article 19 With The Help of Dec...

Copyright: An important element of Intel...

Titile

The Intellectual Property Rights (IPR) has its own economic value when it puts into any market ...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly