Constitutional Law with Article 14

Supreme Court Upholds Eligibility Criteria for Technical Equipment Officers in Army Air Defence: Borgoyary vs. Union of India (2019)

/ Appointment of Officers, Army Act, 1950, Army Instructions, Constitutional Law, Constitutional Law with Article 14, Hemant Gupta, Judges, L. Nageswara Rao, Service Law

Supreme Court Upholds Eligibility Criteria for Technical Equipment Officers in Army Air Defence: Borgoyary vs. Union of India (2019) LEGAL ISSUE: Whether the eligibility criteria prescribed by the Adjutant General’s Branch for the post of Technical Equipment Officer (TEO) in the Army Air Defence (AAD) are valid and whether candidates not meeting these criteria can […]

Supreme Court Upholds Eligibility Criteria for Technical Equipment Officers in Army Air Defence: Borgoyary vs. Union of India (2019) Read Post »

Supreme Court Refers Rule 5 Validity Challenge Back to Division Bench: M/S Bhuwalka Steel Industries Ltd vs. Union of India (2019) INSC 1234 (05 December 2019)

/ Aniruddha Bose, Central Excise Act, 1944, Central Excise Act, 1944 with Section 3A, Central Excise Rules, 1997, Constitutional Law, Constitutional Law with Article 14, Judges, R.F. Nariman, V. Ramasubramanian

Supreme Court Refers Rule 5 Validity Challenge Back to Division Bench Date of the Judgment: 05 December 2019 Citation: (2019) INSC 1234 Judges: R.F. Nariman, J., Aniruddha Bose, J., V. Ramasubramanian, J. When a case is referred to a larger bench, is it always necessary for the larger bench to answer the questions referred? The

Supreme Court Refers Rule 5 Validity Challenge Back to Division Bench: M/S Bhuwalka Steel Industries Ltd vs. Union of India (2019) INSC 1234 (05 December 2019) Read Post »

Supreme Court Upholds Punjab Religious Premises Act: Tenants of Religious Institutions Not Entitled to Rent Act Protection (4 December 2019)

/ Constitutional Law, Constitutional Law with Article 14, East Punjab Urban Rent Restriction Act, 1949, Eviction, Fundamental Rights, Judges, Krishna Murari, N. V. Ramana, Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997, Religious Premises, Rent Control, Sanjiv Khanna, Unauthorised Occupation

Supreme Court Upholds Punjab Religious Premises Act: Tenants of Religious Institutions Not Entitled to Rent Act Protection (2019) LEGAL ISSUE: Whether tenants of religious institutions are entitled to protection under the East Punjab Urban Rent Restriction Act, 1949, or if they can be treated differently under a separate law. CASE TYPE: Civil Law – Landlord

Supreme Court Upholds Punjab Religious Premises Act: Tenants of Religious Institutions Not Entitled to Rent Act Protection (4 December 2019) Read Post »

Supreme Court Directs Fresh Review of Tamil Nadu Pay Scales: Tamil Nadu Rural Development Engineers vs. Government of Tamil Nadu (28 November 2019)

/ Constitutional Law, Constitutional Law with Article 14, D. Murugesan, Government Employees, Indu Malhotra, Judges, Natural Justice, Pay Scales, Service Law, Uday Umesh Lalit

Supreme Court Directs Fresh Review of Tamil Nadu Pay Scales: Tamil Nadu Rural Development Engineers vs. Government of Tamil Nadu (2019) LEGAL ISSUE: Whether the State Government can reduce the pay scales of its employees after initially granting them higher pay based on the recommendations of a pay commission. CASE TYPE: Service Law Case Name:

Supreme Court Directs Fresh Review of Tamil Nadu Pay Scales: Tamil Nadu Rural Development Engineers vs. Government of Tamil Nadu (28 November 2019) Read Post »

Supreme Court Strikes Down Section 87 of the Arbitration Act: Hindustan Construction Company vs. Union of India (2019)

/ Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 36, Arbitration and Conciliation Act, 1996 with Section 87, Arbitration Law, Constitutional Law, Constitutional Law with Article 14, Definition of Corporate Person, Fundamental Rights, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 3(7), Judges, R.F. Nariman, Surya Kant, V. Ramasubramanian

Supreme Court Strikes Down Section 87 of the Arbitration Act: Hindustan Construction Company vs. Union of India (2019) LEGAL ISSUE: Whether Section 87 of the Arbitration and Conciliation Act, 1996, and the repeal of Section 26 of the 2015 Amendment Act are constitutionally valid. CASE TYPE: Constitutional Law, Arbitration Law Case Name: Hindustan Construction Company

Supreme Court Strikes Down Section 87 of the Arbitration Act: Hindustan Construction Company vs. Union of India (2019) Read Post »

Supreme Court Upholds Tax Rebate for Fly Ash Industries: State of Uttar Pradesh vs. Birla Corporation Limited (2019)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 301, Dinesh Maheshwari, General Clauses Act, 1897, General Clauses Act, 1897 with Section 21, Judges, Tax Rebates, Uttar Pradesh Trade Tax Act, 1948, Uttar Pradesh Trade Tax Act, 1948 with Section 5

Supreme Court Upholds Tax Rebate for Fly Ash Industries: State of Uttar Pradesh vs. Birla Corporation Limited (2019) LEGAL ISSUE: Whether the State can rescind a tax rebate notification for industries that had already commenced production based on the promise of the rebate. CASE TYPE: Tax Law Case Name: State of Uttar Pradesh & Anr.

Supreme Court Upholds Tax Rebate for Fly Ash Industries: State of Uttar Pradesh vs. Birla Corporation Limited (2019) Read Post »

Supreme Court Upholds Special Eviction Rights for NRIs under Rent Act: Ram Krishan Grover vs. Union of India (2019)

/ Constitutional Law, Constitutional Law with Article 14, East Punjab Urban Rent Restriction Act, 1949, East Punjab Urban Rent Restriction Act, 1949 with Section 13-B, East Punjab Urban Rent Restriction Act, 1949 with Section 2(dd), Fundamental Rights, Judges, L. Nageswara Rao, Power to Extend Enactments, Punjab Reorganisation Act, 1966, Punjab Reorganisation Act, 1966 with Section 87, Ranjan Gogoi, Rights of Non-Resident Indians, Sanjiv Khanna

Supreme Court Upholds Special Eviction Rights for NRIs under Rent Act LEGAL ISSUE: Whether Section 13-B of the East Punjab Urban Rent Restriction Act, 1949, which grants special eviction rights to Non-Resident Indians (NRIs), is constitutionally valid. CASE TYPE: Property Law, Rent Control Case Name: Ram Krishan Grover and Others vs. Union of India and

Supreme Court Upholds Special Eviction Rights for NRIs under Rent Act: Ram Krishan Grover vs. Union of India (2019) Read Post »

Sabarimala Temple Entry: Supreme Court Upholds Women’s Rights in Review Petitions (2019)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 25, D.Y. Chandrachud, Essential Religious Practice, Fundamental Rights, Indu Malhotra, Judges, R.F. Nariman, Ranjan Gogoi, Religious Denomination, Religious Law

Sabarimala Temple Entry: Supreme Court Upholds Women’s Rights in Review Petitions (2019) LEGAL ISSUE: Whether the exclusion of women of menstruating age from the Sabarimala Temple is constitutional. CASE TYPE: Religious Rights/Constitutional Law Case Name: Kantaru Rajeevaru vs. Indian Young Lawyers Association [Judgment Date]: November 14, 2019 Introduction Date of the Judgment: November 14, 2019

Sabarimala Temple Entry: Supreme Court Upholds Women’s Rights in Review Petitions (2019) Read Post »

Supreme Court Upholds Validity of Punjab Agricultural Marketing Rules: Walaiti Ram Charan Dass vs. State of Punjab (2019)

/ Agricultural Law, Allotment of Market Plots, Aniruddha Bose, Constitutional Law, Constitutional Law with Article 14, Deepak Gupta, Judges, Punjab Agricultural Produce Markets Act, 1961, Punjab State Agricultural Marketing Board Rules

Supreme Court Upholds Validity of Punjab Agricultural Marketing Rules: Walaiti Ram Charan Dass vs. State of Punjab (2019) LEGAL ISSUE: Whether the Punjab State Agricultural Marketing Board Rules for allotment of plots to existing licensees in new market yards are valid. CASE TYPE: Civil Law – Agricultural Marketing Case Name: Walaiti Ram Charan Dass &

Supreme Court Upholds Validity of Punjab Agricultural Marketing Rules: Walaiti Ram Charan Dass vs. State of Punjab (2019) Read Post »

Supreme Court Upholds Accelerated Promotion for Degree Holders in Engineering: State of Uttarakhand vs. S.K. Singh (2019)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Educational Qualifications, Fundamental Rights, Judges, M.R. Shah, Promotion, Sanjay Kishan Kaul, Service Law

Supreme Court Upholds Accelerated Promotion for Degree Holders in Engineering: State of Uttarakhand vs. S.K. Singh (2019) LEGAL ISSUE: Whether providing accelerated promotion to Junior Engineers (JEs) holding a Degree in Civil Engineering, as opposed to those with a Diploma, is constitutionally valid. CASE TYPE: Service Law – Promotion Case Name: State of Uttarakhand &

Supreme Court Upholds Accelerated Promotion for Degree Holders in Engineering: State of Uttarakhand vs. S.K. Singh (2019) Read Post »

Supreme Court Upholds Policy Change in Abkari Worker Rehabilitation Case: Kerala State Beverages Corporation vs. P.P. Suresh (2019)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Fundamental Rights, Hemant Gupta, Judges, L. Nageswara Rao, Legitimate Expectation, Service Law

Supreme Court Upholds Policy Change in Abkari Worker Rehabilitation Case LEGAL ISSUE: Whether displaced Abkari workers have a vested right to employment and the scope of legitimate expectation in government policy changes. CASE TYPE: Service Law/Administrative Law Case Name: Kerala State Beverages (M and M) Corporation Limited vs. P.P. Suresh & Ors. Judgment Date: 04

Supreme Court Upholds Policy Change in Abkari Worker Rehabilitation Case: Kerala State Beverages Corporation vs. P.P. Suresh (2019) Read Post »

Supreme Court Upholds Regulation on Compassionate Appointment: Rajasthan State Road Transport Corporation vs. Danish Khan (2019)

/ Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Hemant Gupta, Judges, L. Nageswara Rao, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 140, Motor Vehicles Act, 1988 with Section 166

Supreme Court Upholds Regulation on Compassionate Appointment: Rajasthan State Road Transport Corporation vs. Danish Khan (2019) LEGAL ISSUE: Whether a regulation that denies compassionate appointment to the dependents of a deceased employee who have received compensation under the Motor Vehicles Act, 1988, is discriminatory. CASE TYPE: Service Law Case Name: Rajasthan State Road Transport Corporation

Supreme Court Upholds Regulation on Compassionate Appointment: Rajasthan State Road Transport Corporation vs. Danish Khan (2019) Read Post »

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