Constitutional Law with Article 14

Supreme Court Upholds State’s Authority to Set Sugarcane Prices Above Central Minimum: West U.P. Sugar Mills Association vs. State of Uttar Pradesh (22 April 2020)

/ Aniruddha Bose, Arun Mishra, Concurrent List, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 246, Essential Commodities Act, 1955, Essential Commodities Act, 1955 with Section 3(2)(c), Indira Banerjee, Judges, M.R. Shah, Vineet Saran

Supreme Court Clarifies State Power to Fix Sugarcane Prices Above Central Minimum Date of the Judgment: 22 April 2020 Judges: Arun Mishra, Indira Banerjee, Vineet Saran, M.R. Shah, Aniruddha Bose Can a state government fix sugarcane prices that are higher than the minimum price set by the central government? This was the core legal question […]

Supreme Court Upholds State’s Authority to Set Sugarcane Prices Above Central Minimum: West U.P. Sugar Mills Association vs. State of Uttar Pradesh (22 April 2020) Read Post »

Supreme Court Upholds Tender Process: Bharat Coking Coal Ltd. vs. AMR Dev Prabha & Ors. (2020) INSC 229 (18 March 2020)

/ B. R. Gavai, Breach of contract, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 19(1)(g), Contract Law, Judges, S. A. Bobde, Surya Kant, Tender Process

Supreme Court Upholds Tender Process in Bharat Coking Coal Ltd. Case LEGAL ISSUE: Whether a writ petition is maintainable in a tender process dispute where the primary grievance is a breach of contract and not a violation of public law. CASE TYPE: Contract/Tender Law Case Name: The Bharat Coking Coal Ltd. & Ors. vs. AMR

Supreme Court Upholds Tender Process: Bharat Coking Coal Ltd. vs. AMR Dev Prabha & Ors. (2020) INSC 229 (18 March 2020) Read Post »

Supreme Court grants Permanent Commission to Women Officers in Indian Navy: Union of India vs. Lt Cdr Annie Nagaraja (2020) INSC 209

/ Ajay Rastogi, Constitutional Law, Constitutional Law with Article 14, Dhananjaya Y Chandrachud, Fundamental Rights, Judges, Navy Act 1957, Navy Act 1957 with Section 184, Navy Act 1957 with Section 9, Permanent Commission, Service Law, Short Service Commission

Supreme Court grants Permanent Commission to Women Officers in Indian Navy: Union of India vs. Lt Cdr Annie Nagaraja (2020) INSC 209 LEGAL ISSUE: Whether women Short Service Commissioned (SSC) officers in the Indian Navy are entitled to Permanent Commissions (PCs) and whether the policy restricting PC to specific cadres and future inductees is valid.

Supreme Court grants Permanent Commission to Women Officers in Indian Navy: Union of India vs. Lt Cdr Annie Nagaraja (2020) INSC 209 Read Post »

Supreme Court Upholds Changes to Delhi Police Recruitment Rules: Subodh Kumar vs. Commissioner of Police (2020)

/ Age Limit, Ajay Rastogi, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Dhananjaya Y Chandrachud, Fundamental Rights, Judges, Recruitment Rules, Service Law

Supreme Court Upholds Changes to Delhi Police Recruitment Rules: Subodh Kumar vs. Commissioner of Police (2020) LEGAL ISSUE: Whether amendments to recruitment rules that alter eligibility criteria for departmental candidates are arbitrary and violate Articles 14 and 16 of the Constitution. CASE TYPE: Service Law Case Name: Subodh Kumar & Ors. vs. Commissioner of Police

Supreme Court Upholds Changes to Delhi Police Recruitment Rules: Subodh Kumar vs. Commissioner of Police (2020) Read Post »

Supreme Court clarifies the definition of “political nature” for NGOs receiving foreign funds: Indian Social Action Forum vs. Union of India (2020)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 19, Deepak Gupta, Foreign Contribution (Regulation) Act, 2010, Foreign Contribution (Regulation) Act, 2010 with Section 3(1)(f), Foreign Contribution (Regulation) Act, 2010 with Section 5(1), Foreign Contribution (Regulation) Act, 2010 with Section 5(4), Fundamental Rights, Judges, L. Nageswara Rao

Supreme Court Clarifies Foreign Contribution Rules for NGOs: Indian Social Action Forum vs. Union of India (2020) Date of the Judgment: March 6, 2020 Citation: 2020 INSC 252 Judges: L. Nageswara Rao, J., Deepak Gupta, J. Can an organization be restricted from receiving foreign funds if it engages in activities like protests for public causes?

Supreme Court clarifies the definition of “political nature” for NGOs receiving foreign funds: Indian Social Action Forum vs. Union of India (2020) Read Post »

Supreme Court Clarifies Financial Upgradation Under MACP Scheme: Union of India vs. M.V. Mohanan Nair (2020)

/ A.S. Bopanna, Assured Career Progression (ACP) Scheme, Central Civil Services (Revised Pay) Rules, 2008, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 141, Hrishikesh Roy, Judges, Modified Assured Career Progression (MACP) Scheme, R. Banumathi, Service Law

Supreme Court Clarifies Financial Upgradation Under MACP Scheme: Union of India vs. M.V. Mohanan Nair (2020) LEGAL ISSUE: Whether the Modified Assured Career Progression (MACP) Scheme entitles financial upgradation to the next grade pay or to the grade pay of the next promotional hierarchy. CASE TYPE: Service Law Case Name: Union of India and Others

Supreme Court Clarifies Financial Upgradation Under MACP Scheme: Union of India vs. M.V. Mohanan Nair (2020) Read Post »

Supreme Court clarifies rules for compassionate appointment: N.C. Santhosh vs. State of Karnataka (4 March 2020)

/ A.S. Bopanna, Compassionate Appointment, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Hrishikesh Roy, Judges, Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, R. Banumathi, Service Law, Service Law with Rule 5

Supreme Court Clarifies Compassionate Appointment Rules: N.C. Santhosh vs. State of Karnataka (2020) LEGAL ISSUE: Whether the norms applicable for compassionate appointment are those existing on the date of death of the government employee or on the date of consideration of the application. CASE TYPE: Service Law Case Name: N.C. Santhosh vs. State of Karnataka

Supreme Court clarifies rules for compassionate appointment: N.C. Santhosh vs. State of Karnataka (4 March 2020) Read Post »

Supreme Court Mandates Pension for SBI Employees with 15 Years Service Under VRS 2000 Scheme: Assistant General Manager, State Bank of India & Ors. vs. Radhey Shyam Pandey (2 March 2020)

/ Arun Mishra, B.R. Gavai, Breach of contract, Constitutional Law, Constitutional Law with Article 14, Contract Act, 1872, Contract Act, 1872 with Section 19, Contract Act, 1872 with Section 23, Fundamental Rights, Judges, M.R. Shah

Date of the Judgment: 2 March 2020 Citation: Where available, provide the case citation in the Indian Supreme Court (INSC) format. Judges: Justice Arun Mishra, Justice M.R. Shah, and Justice B.R. Gavai Can a public sector bank deny pension benefits to employees who opted for voluntary retirement after completing 15 years of service, as per

Supreme Court Mandates Pension for SBI Employees with 15 Years Service Under VRS 2000 Scheme: Assistant General Manager, State Bank of India & Ors. vs. Radhey Shyam Pandey (2 March 2020) Read Post »

Supreme Court Upholds Ban on Lawyers’ Strikes: District Bar Association, Dehradun vs. Ishwar Shandilya & Ors. (28 February 2020)

/ Advocates Act, 1961, Advocates Act, 1961 with Section 34, Advocates Act, 1961 with Section 48, Arun Mishra, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 19(1)(a), Fundamental Rights, Judges, M. R. Shah

District Bar Association vs. Ishwar Shandilya: Supreme Court Upholds Ban on Lawyers’ Strikes LEGAL ISSUE: Whether lawyers have a fundamental right to strike and boycott courts. CASE TYPE: Public Interest Litigation (PIL) related to the functioning of the judiciary. Case Name: District Bar Association, Dehradun through its Secretary vs. Ishwar Shandilya & Ors. [Judgment Date]:

Supreme Court Upholds Ban on Lawyers’ Strikes: District Bar Association, Dehradun vs. Ishwar Shandilya & Ors. (28 February 2020) Read Post »

Supreme Court Protects Women’s Dignity at Workplace in Transfer Case: Punjab and Sind Bank vs. Durgesh Kuwar (2020)

/ Ajay Rastogi, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Dhananjaya Y Chandrachud, Fundamental Rights, Judges, Service Law, Sexual Harassment Act, 2013, Sexual Harassment Act, 2013 with Section 3, Sexual Harassment Act, 2013 with Section 4, Transfer of Employee

Supreme Court Protects Women’s Dignity at Workplace in Transfer Case: Punjab and Sind Bank vs. Durgesh Kuwar (2020) LEGAL ISSUE: Whether a transfer order of a female employee can be considered malafide if it is a reprisal for reporting irregularities and sexual harassment at the workplace. CASE TYPE: Service Law, Constitutional Law Case Name: Punjab

Supreme Court Protects Women’s Dignity at Workplace in Transfer Case: Punjab and Sind Bank vs. Durgesh Kuwar (2020) Read Post »

Supreme Court Clarifies Eligibility for District Judge Posts: Dheeraj Mor vs. High Court of Delhi (2020)

/ Arun Mishra, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 233, Direct Recruitment, Judges, Judicial Service, Promotion, S. Ravindra Bhat, Separation of Powers, Service Law, Vineet Saran

Supreme Court Clarifies Eligibility for District Judge Posts: Dheeraj Mor vs. High Court of Delhi (2020) LEGAL ISSUE: Interpretation of Article 233 of the Constitution of India regarding eligibility for District Judge appointments. CASE TYPE: Service Law Case Name: Dheeraj Mor vs. Hon’ble High Court of Delhi Judgment Date: 19 February 2020 Can a judicial

Supreme Court Clarifies Eligibility for District Judge Posts: Dheeraj Mor vs. High Court of Delhi (2020) Read Post »

Supreme Court settles the grant of Permanent Commission to Women Officers in the Indian Army: The Secretary, Ministry of Defence vs. Babita Puniya & Ors. (2020) INSC 145 (17 February 2020)

/ Ajay Rastogi, Army Act 1950 with Section 12, Army Act, 1950, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 15(1), Dhananjaya Y Chandrachud, Fundamental Rights, Judges

Supreme Court Grants Permanent Commission to Women Officers in Indian Army LEGAL ISSUE: Whether women officers in the Indian Army are entitled to Permanent Commission (PC) on par with their male counterparts. CASE TYPE: Service Law Case Name: The Secretary, Ministry of Defence vs. Babita Puniya & Ors. [Judgment Date]: 17 February 2020 Introduction Date

Supreme Court settles the grant of Permanent Commission to Women Officers in the Indian Army: The Secretary, Ministry of Defence vs. Babita Puniya & Ors. (2020) INSC 145 (17 February 2020) Read Post »

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