Constitutional Law with Article 14

Tax Exemption for Tea Blending Units: Supreme Court Addresses Legitimate Expectation in K.B. Tea Product Pvt. Ltd. vs. Commercial Tax Officer (2023) INSC 451 (12 May 2023)

/ Constitutional Law, Constitutional Law with Article 14, Judges, Krishna Murari, M.R. Shah, Rule of Law, West Bengal Sales Tax Act, 1994, West Bengal Sales Tax Act, 1994 with Section 2(17), West Bengal Sales Tax Act, 1994 with Section 39

Supreme Court on Tax Exemption for Tea Blending Units: K.B. Tea Product Pvt. Ltd. vs. Commercial Tax Officer Date of the Judgment: 12 May 2023 Citation: (2023) INSC 451 Judges: M.R. Shah, J. and Krishna Murari, J. Can a government revoke a tax exemption promised to businesses that invested based on that assurance? The Supreme […]

Tax Exemption for Tea Blending Units: Supreme Court Addresses Legitimate Expectation in K.B. Tea Product Pvt. Ltd. vs. Commercial Tax Officer (2023) INSC 451 (12 May 2023) Read Post »

Supreme Court Stays Promotions of District Judges Based on Seniority-Cum-Merit: Ravikumar Dhansukhlal Maheta & Anr. vs. High Court of Gujarat and Ors. (2023)

/ C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 14, Judges, M.R. Shah, Service Law, Service Law with Merit-cum-Seniority

Supreme Court Stays Promotions of District Judges Based on Seniority-Cum-Merit: Ravikumar Dhansukhlal Maheta & Anr. vs. High Court of Gujarat and Ors. (2023) LEGAL ISSUE: Whether promotions to the cadre of District Judge should be based on merit-cum-seniority or seniority-cum-merit. CASE TYPE: Service Law Case Name: Ravikumar Dhansukhlal Maheta & Anr. vs. High Court of

Supreme Court Stays Promotions of District Judges Based on Seniority-Cum-Merit: Ravikumar Dhansukhlal Maheta & Anr. vs. High Court of Gujarat and Ors. (2023) Read Post »

Supreme Court Quashes Dismissal in Sexual Harassment Case, Emphasizes Fair Inquiry: Aureliano Fernandes vs. State of Goa (2023) INSC 527 (12 May 2023)

/ A.S. Bopanna, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 311, Disciplinary Proceedings, Fundamental Rights, Hima Kohli, Judges, Service Law, Service Law with CCS (CCA) Rules, 1965, Sexual Harassment at Workplace

Supreme Court Quashes Dismissal in Sexual Harassment Case, Emphasizes Fair Inquiry: Aureliano Fernandes vs. State of Goa (2023) INSC 527 (12 May 2023) LEGAL ISSUE: Whether the inquiry conducted by the Complaints Committee adhered to principles of natural justice and the “as far as practicable” norm in a sexual harassment case, and whether the subsequent

Supreme Court Quashes Dismissal in Sexual Harassment Case, Emphasizes Fair Inquiry: Aureliano Fernandes vs. State of Goa (2023) INSC 527 (12 May 2023) Read Post »

Supreme Court Upholds Tamil Nadu Land Acquisition Acts: C.S. Gopalakrishnan vs. State of Tamil Nadu (2023)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 254(2), Dinesh Maheshwari, Fundamental Rights, Judges, Land Acquisition Act, 1894, Land Acquisition Law, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Sanjay Kumar, Tamil Nadu Land Acquisition Acts

Supreme Court Upholds Tamil Nadu Land Acquisition Acts: C.S. Gopalakrishnan vs. State of Tamil Nadu (2023) LEGAL ISSUE: Whether the Tamil Nadu land acquisition laws are discriminatory and arbitrary compared to the Central Land Acquisition Act. CASE TYPE: Land Acquisition Law Case Name: C.S. Gopalakrishnan ETC. vs. The State of Tamil Nadu & Others [Judgment

Supreme Court Upholds Tamil Nadu Land Acquisition Acts: C.S. Gopalakrishnan vs. State of Tamil Nadu (2023) Read Post »

Supreme Court Upholds Tamil Nadu Land Acquisition Laws: C.S. Gopalakrishnan vs. State of Tamil Nadu (2023)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 254, Dinesh Maheshwari, Fundamental Rights, Judges, Land Acquisition Law, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Sanjay Kumar, Tamil Nadu Land Acquisition Laws

Supreme Court Upholds Tamil Nadu Land Acquisition Laws: C.S. Gopalakrishnan vs. State of Tamil Nadu (2023) Date of the Judgment: May 9, 2023 Citation: 2023 INSC 510 Judges: Dinesh Maheshwari, J., Sanjay Kumar, J. Can State laws for land acquisition, which are different from the central law, be valid? The Supreme Court of India addressed

Supreme Court Upholds Tamil Nadu Land Acquisition Laws: C.S. Gopalakrishnan vs. State of Tamil Nadu (2023) Read Post »

Supreme Court Stays Andhra Pradesh High Court Order on SIT Investigation into Allegations of Corruption: State of Andhra Pradesh vs. Varla Ramaiah (2023)

/ Constitutional Law, Constitutional Law with Article 14, Executive Powers, Executive Powers of the State, Executive Powers of the State Government, Investigation of Corruption, Judges, M.M. Sundresh, M.R. Shah, Review of Government Decisions

Supreme Court Stays Andhra Pradesh High Court Order on SIT Investigation into Allegations of Corruption: State of Andhra Pradesh vs. Varla Ramaiah (2023) LEGAL ISSUE: Whether a newly elected government can investigate alleged acts of corruption of the previous government. CASE TYPE: Civil Appellate Jurisdiction. Case Name: The State of Andhra Pradesh & Anr. vs.

Supreme Court Stays Andhra Pradesh High Court Order on SIT Investigation into Allegations of Corruption: State of Andhra Pradesh vs. Varla Ramaiah (2023) Read Post »

Supreme Court Upholds IBC Section 53: Workmen Dues Prioritized in Liquidation (2 May 2023)

/ Companies Act, 2013, Companies Act, 2013 with Section 327, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 53, Judges, Liquidation Process, M.R. Shah, Sanjiv Khanna, Winding Up Provisions

Supreme Court Upholds IBC Section 53: Workmen Dues Prioritized in Liquidation LEGAL ISSUE: Validity of Section 327(7) of the Companies Act, 2013 and the waterfall mechanism under Section 53 of the Insolvency and Bankruptcy Code, 2016 concerning workmen’s dues. CASE TYPE: Insolvency and Bankruptcy Law Case Name: Moser Baer Karamchari Union Thr. President Mahesh Chand

Supreme Court Upholds IBC Section 53: Workmen Dues Prioritized in Liquidation (2 May 2023) Read Post »

Supreme Court Upholds Pre-Import Condition for IGST Exemption in Advance Authorisation Scheme: Union of India vs. Cosmo Films Limited (28 April 2023)

/ Advance Authorisation Scheme, Constitutional Law, Constitutional Law with Article 14, Dipankar Datta, Foreign Trade Policy, Foreign Trade Policy with Paragraph 4.13, Judges, S. Ravindra Bhat

Supreme Court Upholds Pre-Import Condition for IGST Exemption in Advance Authorisation Scheme LEGAL ISSUE: Validity of ‘pre-import condition’ for availing IGST exemption under the Advance Authorisation scheme. CASE TYPE: Taxation Law, Foreign Trade Policy Case Name: Union of India & Ors. vs. Cosmo Films Limited [Judgment Date]: 28 April 2023 Date of the Judgment: 28

Supreme Court Upholds Pre-Import Condition for IGST Exemption in Advance Authorisation Scheme: Union of India vs. Cosmo Films Limited (28 April 2023) Read Post »

Supreme Court Limits State Residency Quota in B.Ed Admissions: Veena Vadini Teachers Training Institute vs. State of Madhya Pradesh (28 April 2023)

/ Admission Policy, Constitutional Law, Constitutional Law with Article 14, Dinesh Maheshwari, Education Law, Fundamental Rights, Judges, Reservation Policy, Sudhanshu Dhulia

Supreme Court Limits State Residency Quota in B.Ed Admissions: Veena Vadini Teachers Training Institute vs. State of Madhya Pradesh (2023) LEGAL ISSUE: Whether a state government can reserve seats for residents in B.Ed courses and, if so, what is the permissible extent of such reservation. CASE TYPE: Education Law. Case Name: Veena Vadini Teachers Training

Supreme Court Limits State Residency Quota in B.Ed Admissions: Veena Vadini Teachers Training Institute vs. State of Madhya Pradesh (28 April 2023) Read Post »

Supreme Court Upholds Differential Pay Scales Based on Qualifications: State of Gujarat vs. Dr. P.A. Bhatt (26 April 2023)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 174, Code of Criminal Procedure, 1973 with Section 176, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Equal Pay for Equal Work, Fundamental Rights, Judges, Pankaj Mithal, Pay Scales, Service Law, V. Ramasubramanian

Supreme Court Upholds Differential Pay Scales Based on Qualifications: State of Gujarat vs. Dr. P.A. Bhatt (2023) LEGAL ISSUE: Whether different pay scales can be fixed for officers of the same cadre based on their educational qualifications, and whether Allopathic and AYUSH doctors are entitled to equal pay. CASE TYPE: Service Law Case Name: State

Supreme Court Upholds Differential Pay Scales Based on Qualifications: State of Gujarat vs. Dr. P.A. Bhatt (26 April 2023) Read Post »

Supreme Court overturns High Court order on land lease: Gwalior Development Authority vs. Bhanu Pratap Singh (2023)

/ Ajay Rastogi, Bela M. Trivedi, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 226, Judges, Registration Act, 1908, Registration Act, 1908 with Section 17

Supreme Court overturns High Court order on land lease: Gwalior Development Authority vs. Bhanu Pratap Singh (2023) LEGAL ISSUE: Whether a High Court can direct the execution of a lease deed for additional land without consideration, after a lease deed for a portion of the land has been executed without protest by both parties. CASE

Supreme Court overturns High Court order on land lease: Gwalior Development Authority vs. Bhanu Pratap Singh (2023) Read Post »

Supreme Court Quashes Discretionary Allotment of Land: Improvement Trust, Ropar vs. Shashi Bala (2023)

/ Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Judges, Land Allotment, Land Law, Punjab Town Improvement (Utilization of Land and Allotment of Plots) Rules, 1983, Sanjay Kumar, Vikram Nath

Supreme Court Quashes Discretionary Allotment of Land: Improvement Trust, Ropar vs. Shashi Bala (2023) LEGAL ISSUE: Whether a land allotment made under a discretionary quota can be upheld if the discretionary quota itself is deemed unconstitutional. CASE TYPE: Civil Law – Land Allotment Case Name: Improvement Trust, Ropar vs. Shashi Bala & Anr. Judgment Date:

Supreme Court Quashes Discretionary Allotment of Land: Improvement Trust, Ropar vs. Shashi Bala (2023) Read Post »

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