Constitutional Law with Article 14

Supreme Court clarifies “Sikkimese” definition for Income Tax Exemption, Invalidates Gender-Based Exclusion: Association of Old Settlers of Sikkim vs. Union of India (2023)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 15, Fundamental Rights, Income Tax Act, 1961, Income Tax Act, 1961 with Section 10(26AAA), Judges, M.R. Shah

Supreme Court rules on Sikkimese definition for Income Tax Exemption Date of the Judgment: January 13, 2023 Citation: (2023) INSC 29 Judges: M.R. Shah, J. and B.V. Nagarathna, J. (Separate concurring opinion by Nagarathna J.) Can the definition of “Sikkimese” for income tax exemptions exclude long-term Indian settlers? The Supreme Court of India addressed this […]

Supreme Court clarifies “Sikkimese” definition for Income Tax Exemption, Invalidates Gender-Based Exclusion: Association of Old Settlers of Sikkim vs. Union of India (2023) Read Post »

Supreme Court Strikes Down Discriminatory Definition of “Sikkimese” in Income Tax Act: Association of Old Settlers of Sikkim vs. Union of India (2023)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 15, Fundamental Rights, Income Tax Act, 1961, Income Tax Act, 1961 with Section 10(26AAA), Judges, M.R. Shah, Tax Exemptions

Supreme Court Strikes Down Discriminatory Definition of “Sikkimese” in Income Tax Act LEGAL ISSUE: Whether the definition of “Sikkimese” under Section 10(26AAA) of the Income Tax Act, 1961, is discriminatory against long-term Indian settlers and Sikkimese women. CASE TYPE: Tax Law, Constitutional Law Case Name: Association of Old Settlers of Sikkim & Ors. vs. Union

Supreme Court Strikes Down Discriminatory Definition of “Sikkimese” in Income Tax Act: Association of Old Settlers of Sikkim vs. Union of India (2023) Read Post »

Supreme Court Denies Daughter’s Claim in Tribal Land Compensation: Kamla Neti vs. Special Land Acquisition Officer (2022)

/ Compensation, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Fundamental Rights, Hindu Succession Act, 1956, Hindu Succession Act, 1956 with Section 2(2), Judges, Krishna Murari, Land Acquisition Act, Land Acquisition Act with Section 30, M.R. Shah

Supreme Court Denies Daughter’s Claim in Tribal Land Compensation: Kamla Neti vs. Special Land Acquisition Officer (2022) LEGAL ISSUE: Whether a daughter from a Scheduled Tribe is entitled to a share of compensation for land acquired, based on survivorship under the Hindu Succession Act. CASE TYPE: Land Acquisition/Civil Law Case Name: Kamla Neti (Dead) through

Supreme Court Denies Daughter’s Claim in Tribal Land Compensation: Kamla Neti vs. Special Land Acquisition Officer (2022) Read Post »

Supreme Court Upholds Property Tax on Carpet Area Basis, Denies Exemption to Charitable Institutions: Parivar Seva Sanstha vs. Ahmedabad Municipal Corporation (24 November 2022)

/ Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Gujarat Provincial Municipal Corporations Act, 1949, Gujarat Provincial Municipal Corporations Act, 1949 with Section 129, Gujarat Provincial Municipal Corporations Act, 1949 with Section 132, Gujarat Provincial Municipal Corporations Act, 1949 with Section 141AA, J.K. Maheshwari, Judges, Sanjiv Khanna

Supreme Court Upholds Property Tax on Carpet Area Basis, Denies Exemption to Charitable Institutions: Parivar Seva Sanstha vs. Ahmedabad Municipal Corporation (2022) LEGAL ISSUE: Whether charitable institutions are exempt from general tax when property tax is levied based on carpet area. CASE TYPE: Municipal Law, Property Tax Case Name: Parivar Seva Sanstha vs. Ahmedabad Municipal

Supreme Court Upholds Property Tax on Carpet Area Basis, Denies Exemption to Charitable Institutions: Parivar Seva Sanstha vs. Ahmedabad Municipal Corporation (24 November 2022) Read Post »

Supreme Court Grants Pensionary Benefits to Women Air Force Officers: Wg Cdr A U Tayyaba (Retd) vs. Union of India (2022)

/ Armed Forces, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 142, Dhananjaya Y Chandrachud, Fundamental Rights, Hima Kohli, J B Pardiwala, Judges, Pensionary Benefits, Permanent Commission, Service Law

Supreme Court Grants Pensionary Benefits to Women Air Force Officers: Wg Cdr A U Tayyaba (Retd) vs. Union of India (2022) LEGAL ISSUE: Whether women Short Service Commissioned Officers (SSCOs) of the Indian Air Force (IAF), who were not part of the original litigation, are entitled to the same benefits as those who were, specifically

Supreme Court Grants Pensionary Benefits to Women Air Force Officers: Wg Cdr A U Tayyaba (Retd) vs. Union of India (2022) Read Post »

Supreme Court Upholds High Court Decision on Power Purchase Agreement Termination: M.P. Power Management vs. Sky Power (2022)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 298, Constitutional Law with Article 299, Contract Law, Contract Law with Article 2.1 of the PPA, Contract Law with Article 9.1 of the PPA, Electricity Act, 2003, Electricity Act, 2003 with Section 63, Hrishikesh Roy, Judges, K.M. Joseph, Power Purchase Agreements

Supreme Court Upholds High Court Decision on Power Purchase Agreement Termination: M.P. Power Management vs. Sky Power (2022) LEGAL ISSUE: Whether a Power Purchase Agreement (PPA) termination by a state-owned company was valid, considering contractual obligations and principles of fairness. CASE TYPE: Contract Law, specifically concerning Power Purchase Agreements and judicial review of state actions.

Supreme Court Upholds High Court Decision on Power Purchase Agreement Termination: M.P. Power Management vs. Sky Power (2022) Read Post »

Supreme Court clarifies the methodology for property tax calculation based on capital value: Municipal Corporation of Greater Mumbai & Ors. vs. Property Owners’ Association & Ors. (2022) INSC 1181 (07 November 2022)

/ Ajay Rastogi, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 243X, Judges, Mumbai Municipal Corporation Act, 1888, Mumbai Municipal Corporation Act, 1888 with Section 140, Mumbai Municipal Corporation Act, 1888 with Section 154, Property Tax Assessment, Uday Umesh Lalit

LEGAL ISSUE: The core legal issue revolves around the validity of the methodology adopted by the Municipal Corporation of Greater Mumbai for calculating property tax based on the capital value of lands and buildings, and the extent of the rule-making power of the Municipal Commissioner in this regard. CASE TYPE: This case falls under the

Supreme Court clarifies the methodology for property tax calculation based on capital value: Municipal Corporation of Greater Mumbai & Ors. vs. Property Owners’ Association & Ors. (2022) INSC 1181 (07 November 2022) Read Post »

Supreme Court Upholds Denial of Additional License for Processed Iron Ore Exports: Chowgule & Company Limited vs. Assistant Director General of Foreign Trade (04 November 2022)

/ Applicability of Promissory Estoppel, Constitutional Law, Constitutional Law with Article 14, Exim Policy 1988-1991, Exim Policy 1990-1993, Export Incentives, Foreign Trade Policy, Judges, Krishna Murari, M.R. Shah, Promissory Estoppel

Supreme Court Upholds Denial of Additional License for Processed Iron Ore Exports LEGAL ISSUE: Whether an exporter is entitled to an additional license based on the export of processed iron ore when the export occurred during a period where the policy specifically excluded “Minerals and Ores” from eligibility. CASE TYPE: Foreign Trade Policy/Export Incentives Case

Supreme Court Upholds Denial of Additional License for Processed Iron Ore Exports: Chowgule & Company Limited vs. Assistant Director General of Foreign Trade (04 November 2022) Read Post »

Supreme Court rules Commission Vendors entitled to 50% past service for pension: Union of India vs. Munshi Ram (2022)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Indian Railway Establishment Manual, Vol. II, 1991, Indian Railway Establishment Manual, Vol. II, 1991 with Rule 2005, Judges, M.R. Shah, Railway Services (Pension) Rules, 1993, Railway Services (Pension) Rules, 1993 with Rule 14, Railway Services (Pension) Rules, 1993 with Rule 31

Supreme Court rules Commission Vendors entitled to 50% past service for pension: Union of India vs. Munshi Ram (2022) LEGAL ISSUE: Whether Commission Vendors absorbed into regular railway service are entitled to have 50% of their past service counted towards pension benefits, similar to casual laborers. CASE TYPE: Service Law (Pensionary Benefits) Case Name: Union

Supreme Court rules Commission Vendors entitled to 50% past service for pension: Union of India vs. Munshi Ram (2022) Read Post »

Supreme Court on Sealed Cover Procedure in Armed Forces Tribunal Cases: Cdr Amit Kumar Sharma vs. Union of India (20 October 2022)

/ Armed Forces Tribunal Act, 2007, Armed Forces Tribunal Act, 2007 with Section 31(1), Constitutional Law, Constitutional Law with Article 14, Dhananjaya Y Chandrachud, Hima Kohli, Judges, Natural Justice

Supreme Court on Sealed Cover Procedure in Armed Forces Tribunal Cases: Cdr Amit Kumar Sharma vs. Union of India (2022) Date of the Judgment: 20 October 2022 Citation: Civil Appeal Nos 841- 843 of 2022, Cdr Amit Kumar Sharma etc vs Union of India & Ors etc Judges: Dr Dhananjaya Y Chandrachud, J and Hima

Supreme Court on Sealed Cover Procedure in Armed Forces Tribunal Cases: Cdr Amit Kumar Sharma vs. Union of India (20 October 2022) Read Post »

Supreme Court Acquits All Accused in Murder Case Citing Inconsistent Witness Testimony: Md. Jabbar Ali & Ors. vs. State of Assam (2022)

/ Ajay Rastogi, B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body

Supreme Court Acquits All Accused in Murder Case Citing Inconsistent Witness Testimony: Md. Jabbar Ali & Ors. vs. State of Assam (2022) Date of the Judgment: 17th October 2022 Citation: (2022) INSC 913 Judges: Justice Ajay Rastogi and Justice B.V. Nagarathna. The judgment was authored by Justice B.V. Nagarathna. Can inconsistencies in witness testimonies lead

Supreme Court Acquits All Accused in Murder Case Citing Inconsistent Witness Testimony: Md. Jabbar Ali & Ors. vs. State of Assam (2022) Read Post »

Supreme Court Upholds NEET Schedule: Invalidates Postgraduate Medical Admissions Beyond Cut-off Date (October 17, 2022)

/ Ajay Rastogi, C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 14, Judges, Medical Council of India Postgraduate Medical Education Regulations, 2000, Medical Council of India Regulations, Medical Council of India Regulations with Admission Schedule, Medical Council of India Regulations with Cut-off Date, Right to Equality

Supreme Court Invalidates Admissions Beyond Cut-off Date for Postgraduate Medical Courses Date of the Judgment: October 17, 2022 Citation: 2022 INSC 519 Judges: Justices Ajay Rastogi and C.T. Ravikumar. The judgment was authored by Justice Ajay Rastogi. Can medical admissions be granted after the stipulated cut-off date, even if seats remain vacant? The Supreme Court

Supreme Court Upholds NEET Schedule: Invalidates Postgraduate Medical Admissions Beyond Cut-off Date (October 17, 2022) Read Post »

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