Legal Guide

  What is Common Cause Case In 2002, Common Cause, a registered society had written to the Ministries of Law & Justice, Health & Family Welfare, and Company Affairs, also addressing the State Governments, on the issue of the right to die with dignity. Denying them the right to die in a dignified manner extends their suffering. Common Cause VS Union of India Common Cause, an organization that involves itself in various matters of public interest, filed a public interest petition pursuant to Article 32 of the Constitution of India in an effort to bring transparency to the collection of money used by candidates in the process of election. Common Cause argued that Article 324 of Constitution of India coupled with the cumulative effect of three statutory provisions – Section 293A of the Companies Act 1956, Section 13A of the Income-tax Act 1961, and Section 77 of the Representation of People Act 1950 – had the purpose of bringing transparency to the process of election-funding. ...

Section 144 of the Criminal Procedure Code (CrPC) of 1973 authorises the Executive Magistrate of any state or territory to issue an order to prohibit the assembly of four or more people in an area. According to the law, every member of such 'unlawful assembly' can be booked for engaging in rioting. Section 144 is imposed in urgent cases of nuisance or apprehended danger of some event that has the potential to cause trouble or damage to human life or property. Section 144 of CrPC generally prohibits public gathering. Section 144 has been used in the past to impose restrictions as a means to prevent protests that can lead to unrest or riots. The orders to impose Section 144 have been conferred to Executive Magistrate when there is an emergency situation. The definition of ' unlawful assembly ', according to Indian law, is laid down in Section 141 of the Indian Penal Code. According to this section, an assembly of five or more persons becomes unlawful when its purpose i...