Constitutional Law with Article 14 Archives

Supreme Court Upholds Autonomy of JBIMS for 2019-20 Admissions: Rohan Virani vs. State of Maharashtra (2019)

September 2, 2019 / Admissions, Autonomous Institutions, Constitutional Law, Constitutional Law with Article 14, Education Law, Indu Malhotra, Judges, Maharashtra Public Universities Act, 2016, Maharashtra Public Universities Act, 2016 with Section 122, Right to Equality, Sanjiv Khanna

Supreme Court Upholds Autonomy of JBIMS for 2019-20 Admissions: Rohan Virani vs. State of Maharashtra (2019) LEGAL ISSUE: Whether Jamnalal Bajaj Institute of Management Studies (JBIMS) should be considered an autonomous or non-autonomous department of the University of Mumbai for the 2019-2020 academic year, impacting admission criteria. CASE TYPE: Education Law, specifically concerning admissions to […]

Supreme Court Upholds Autonomy of JBIMS for 2019-20 Admissions: Rohan Virani vs. State of Maharashtra (2019) Read Post »

Supreme Court Invalidates Differential Pension Based on Cut-off Date: All Manipur Pensioners Association vs. State of Manipur (2019)

July 11, 2019 / A.S. Bopanna, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Judges, M.R. Shah, Pension Law, Service Law

Supreme Court Invalidates Differential Pension Based on Cut-off Date: All Manipur Pensioners Association vs. State of Manipur (2019) LEGAL ISSUE: Whether a cut-off date can be used to create two classes of pensioners for differential pension benefits, violating Article 14 of the Constitution of India. CASE TYPE: Service Law/Pension Law Case Name: All Manipur Pensioners

Supreme Court Invalidates Differential Pension Based on Cut-off Date: All Manipur Pensioners Association vs. State of Manipur (2019) Read Post »

Supreme Court Resolves Allotment of Market Gala: Hande Wavare & Co. vs. Ramchandra Vitthal Dongre (2019)

July 10, 2019 / Constitutional Law, Constitutional Law with Article 14, Contract Act, Contract Act with Transfer of booking amount, Judges, R. Banumathi, R. Subhash Reddy, Specific Performance

Supreme Court Resolves Allotment of Market Gala: Hande Wavare & Co. vs. Ramchandra Vitthal Dongre (2019) LEGAL ISSUE: Whether a person can claim allotment of a market gala based on a transfer of booking amount from another person, and the process for allotting market galas when multiple claimants are eligible. CASE TYPE: Civil – Market

Supreme Court Resolves Allotment of Market Gala: Hande Wavare & Co. vs. Ramchandra Vitthal Dongre (2019) Read Post »

Supreme Court Refuses Extension for PG Medical Admissions: Education Promotion Society vs. Union of India (21 June 2019)

June 21, 2019 / Admission Schedule, Constitutional Law, Constitutional Law with Article 14, Deepak Gupta, Judges, Judicial Review, Medical Admissions, Medical Education Law, Surya Kant

Supreme Court Refuses Extension for PG Medical Admissions: Education Promotion Society vs. Union of India (2019) Date of the Judgment: 21 June 2019 Citation: Not Available Judges: Deepak Gupta, J., Surya Kant, J. Can medical colleges be granted an extension of time to fill vacant postgraduate (PG) seats? The Supreme Court of India recently addressed

Supreme Court Refuses Extension for PG Medical Admissions: Education Promotion Society vs. Union of India (21 June 2019) Read Post »

Supreme Court Upholds Differential Pay for Bihar Teachers Based on Recruitment Method: State of Bihar vs. The Bihar Secondary Teachers Struggle Committee (2019) INSC 4862 (10 May 2019)

May 10, 2019 / Abhay Manohar Sapre, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21A, Education Law, Fundamental Rights, Judges, Right to Education Act, 2009, State Education Policy, Uday Umesh Lalit

Supreme Court Upholds Differential Pay for Bihar Teachers Based on Recruitment Method Date of the Judgment: 10 May 2019 Citation: (2019) INSC 4862 Judges: Abhay Manohar Sapre, J., Uday Umesh Lalit, J. (Majority Opinion by Uday Umesh Lalit, J., Concurring Opinion by Abhay Manohar Sapre, J.) Can teachers who were appointed through local bodies claim

Supreme Court Upholds Differential Pay for Bihar Teachers Based on Recruitment Method: State of Bihar vs. The Bihar Secondary Teachers Struggle Committee (2019) INSC 4862 (10 May 2019) Read Post »

Supreme Court Upholds Stringent Penalties under Pre-Conception and Pre-Natal Diagnostic Techniques Act for Record-Keeping Anomalies: Federation of Obstetrics and Gynecological Societies of India vs. Union of India (2019)

May 3, 2019 / Arun Mishra, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Fundamental Rights, Judges, Offences and Penalties, Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994, Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 with Section 23, Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 with Section 4, Vineet Saran

Supreme Court Upholds Stringent Penalties under Pre-Conception and Pre-Natal Diagnostic Techniques Act for Record-Keeping Anomalies: Federation of Obstetrics and Gynecological Societies of India vs. Union of India (2019) LEGAL ISSUE: Whether stringent penalties for minor clerical errors in record-keeping under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 are constitutional. CASE

Supreme Court Invalidates Compulsory Amalgamation under Section 396 of the Companies Act: 63 Moons Technologies Ltd. vs. Union of India (2019) INSC 441

April 30, 2019 / Amalgamation, Companies Act, 1956, Companies Act, 1956 with Section 396, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Judges, R.F. Nariman, Vineet Saran

Supreme Court Invalidates Compulsory Amalgamation under Section 396 of the Companies Act: 63 Moons Technologies Ltd. vs. Union of India (2019) INSC 441 LEGAL ISSUE: Whether a compulsory amalgamation order under Section 396 of the Companies Act, 1956, is valid when it does not adequately compensate the transferor company and its shareholders, and when the

Supreme Court Invalidates Compulsory Amalgamation under Section 396 of the Companies Act: 63 Moons Technologies Ltd. vs. Union of India (2019) INSC 441 Read Post »

Supreme Court overturns conviction in dowry death case: Sampat Babso Kale vs. State of Maharashtra (2019)

April 9, 2019 / Constitutional Law, Constitutional Law with Article 14, Deepak Gupta, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 498A, Judges, Offences Against Human Body, Powers of Appellate Court, S. A. Bobde

Supreme Court overturns conviction in dowry death case: Sampat Babso Kale vs. State of Maharashtra (2019) LEGAL ISSUE: Whether the High Court was right in overturning the acquittal by the trial court based on the dying declaration of the victim. CASE TYPE: Criminal Appeal Case Name: Sampat Babso Kale & Anr. vs. The State of

Supreme Court overturns conviction in dowry death case: Sampat Babso Kale vs. State of Maharashtra (2019) Read Post »

Supreme Court Quashes RBI Circular on Stressed Assets: Dharani Sugars and Chemicals Ltd. vs. Union of India (2 April 2019)

April 2, 2019 / Banking Regulation Act, 1949, Banking Regulation Act, 1949 with Section 35A, Banking Regulation Act, 1949 with Section 35AA, Banking Regulation Act, 1949 with Section 35AB, Constitutional Law, Constitutional Law with Article 14, Judges, R.F. Nariman, Reserve Bank of India Act, 1934, Reserve Bank of India Act, 1934 with Section 45L, Vineet Saran

Supreme Court Quashes RBI Circular on Stressed Assets: Dharani Sugars and Chemicals Ltd. vs. Union of India (2019) LEGAL ISSUE: The core legal issue revolved around the validity of the Reserve Bank of India (RBI) circular dated 12.02.2018, which prescribed a revised framework for the resolution of stressed assets, particularly concerning the timelines for referring

Supreme Court Quashes RBI Circular on Stressed Assets: Dharani Sugars and Chemicals Ltd. vs. Union of India (2 April 2019) Read Post »

Supreme Court Strikes Down 10% Deposit for Arbitration: ICOMM Tele Ltd. vs. Punjab State Water Supply & Sewerage Board (2019)

March 11, 2019 / Arbitration Clause, Arbitration Law, Constitutional Law, Constitutional Law with Article 14, Contract Law, Contract of Adhesion, Judges, R.F. Nariman, Tender Conditions, Vineet Saran

Supreme Court Strikes Down 10% Deposit for Arbitration: ICOMM Tele Ltd. vs. Punjab State Water Supply & Sewerage Board (2019) LEGAL ISSUE: Whether a clause in a tender requiring a 10% deposit of the claimed amount to invoke arbitration is arbitrary and violates Article 14 of the Constitution of India. CASE TYPE: Arbitration Law, Contract

Supreme Court Strikes Down 10% Deposit for Arbitration: ICOMM Tele Ltd. vs. Punjab State Water Supply & Sewerage Board (2019) Read Post »

Supreme Court clarifies rules on interest for delayed Commuted Value of Pension (CVP) in BSNL Employee Case: Chief General Manager Gujarat Telecom Circle vs. Manilal Ambalal Patel (2019)

March 8, 2019 / Ashok Bhushan, Commutation of Pension, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Judges, K.M. Joseph, Pension Rules, Service Law

Supreme Court Clarifies Interest on Commuted Value of Pension (CVP) in BSNL Employee Case Date of the Judgment: March 8, 2019 Citation: (2019) INSC 186 Judges: Ashok Bhushan, J., K.M. Joseph, J. Can a government employee claim interest on delayed payment of Commuted Value of Pension (CVP)? The Supreme Court of India addressed this question

Supreme Court clarifies rules on interest for delayed Commuted Value of Pension (CVP) in BSNL Employee Case: Chief General Manager Gujarat Telecom Circle vs. Manilal Ambalal Patel (2019) Read Post »

Supreme Court clarifies “consequential benefits” in superannuation cases: K. Ananda Rao vs. Sri S.S. Rawat (2019)

March 7, 2019 / Constitutional Law, Constitutional Law with Article 14, Judges, M.R. Shah, Service Law, Service Law with Andhra Pradesh Public Employment Act, 1984, Superannuation, Uday Umesh Lalit

Supreme Court clarifies “consequential benefits” in superannuation cases: K. Ananda Rao vs. Sri S.S. Rawat (2019) Date of the Judgment: March 7, 2019 Judges: Uday Umesh Lalit, J. and M.R. Shah, J. Citation: Not Available What exactly do “consequential benefits” mean when a government employee’s retirement age is increased? The Supreme Court of India recently

Supreme Court clarifies “consequential benefits” in superannuation cases: K. Ananda Rao vs. Sri S.S. Rawat (2019) Read Post »