Supreme Court of India

Basheshar Nath v. The Commissioner of Income-tax, Delhi & Rajasthan & Another.

Neutral citation

Reported as [1959] SUPP. 1 S.C.R. 528

Bench Sudhi Ranjan Das J.

Decided 19 November 1958

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

6 Supreme Court benches have cited this judgment.

What the Court ordered

For the aforesaid reasons, I hold that the doctrine of waiver has no application in the case of fundamental rights under our Constitution. (1) S.C.R. SUPREME COURT REPORTS 623 ORDER The appeal is allowed.

Judgment, page 95

Authorities it was built on

1954 Shree Meenakshi Mills Ltd., Madurai v. Sri A. V. Visvanatha Sastri and Another. cited by 28
1954 Behram Khurshed Pesikaka v. The State of Bombay. cited by 26
1955 Bhikaji Narain Dhakras and Others v. The State of Madhya Pradesh and Another. cited by 12
1954 Laxmanappa Hanumantappa Jamkhandi v. The Union of India and Another cited by 7

Where later benches applied it

2025 Arshnoor Kaur & Anr. v. The Union of India & Ors. relied on
2018 Justice K. S. Puttaswamy (retd.) v. Union of India & Ors. relied on
2024 Central Organisation for Railway Electrification v. M/s Eci Spic Smo Mcml (jv) A Joint Venture Company referred to
2024 Abhimeet Sinha & Ors. v. High Court of Judicature at Patna & Ors. referred to
2024 Association for Democratic Reforms & Anr. v. Union of India & Ors. referred to
2012 Re: Special Reference N0.1 of 2012 v. -- referred to

Of those, 2 relied on · 4 referred to

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