Showing 16 cases in Case Law
Clear filterJurisdiction of the High Court
It's obliged to intervene in actions by arms of the government in cases of constitutional violations
ConstitutionalDoctrine of separation of powers
High court has power to inquire into the constitutionality of actions irrespective of the doctrine.
ConstitutionalDoctrine of separation of powers
Must be read in the context of the constitutional framework.
ConstitutionalDoctrine of separation of powers
In cases of a conflict, the doctrine must bow to the spirit and the letter of the Constitution.
ConstitutionalDecisions emanating from the government
must be taken to ensure that such decision conform to the trans formative constitutional framework.
ConstitutionalNature of the constitution
It's not a structurally based document but value oriented.
ConstitutionalNature of the constitution
Interpretation and application must be ingrained in the spirit of the Constitution and values.
Custody and MaintenanceBest interests of the child
Complete welfare of a child is to be given priority as compared to monetary needs.
Custody and MaintenanceBest interests of the child
The best interests of any child are paramount as compared to any rights of a parent
Custody and MaintenanceParental responsibility
Both parents have the responsibility to maintain the children despite their earning capacity
Custody and MaintenanceActual custody
A mother can be granted actual custody despite not being able to maintain the child
Custody and MaintenanceActual custody to third parties
It deprives a child of the parental care necessary for growth if he or she has both parents alive
Custody and MaintenanceCustody of children of tender years
The custody of children of tender years should not be based solely on material provisions
Custody and MaintenanceCustody of a female child
Custody of a female child should be granted to the mother owing to the fact that she is vulnerable
Custody and MaintenanceAccess to children by parents
Courts have the discretion to determine the access terms for children putting their interests first
Custody and MaintenanceCustody of a child
Views of children with regard to determining custody orders should also be put into consideration