Constitutional Law with Article 14

Supreme Court Upholds Licensing for Live Bands in Restaurants: Karnataka Live Band Restaurants Association vs. State of Karnataka (25 January 2018)

/ Abhay Manohar Sapre, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 19(1)(g), Fundamental Rights, Judges, Karnataka Police Act, 1963, Karnataka Police Act, 1963 with Section 2(15), Karnataka Police Act, 1963 with Section 31, R.K. Agrawal

Supreme Court Upholds Licensing for Live Bands in Restaurants: Karnataka Live Band Restaurants Association vs. State of Karnataka (2018) LEGAL ISSUE: Whether the requirement for restaurants to obtain a license to host live band performances is a reasonable restriction on their right to conduct business. CASE TYPE: Regulatory/Constitutional Law Case Name: Karnataka Live Band Restaurants […]

Supreme Court Upholds Licensing for Live Bands in Restaurants: Karnataka Live Band Restaurants Association vs. State of Karnataka (25 January 2018) Read Post »

Supreme Court Clarifies Eligibility for District Judge Appointments: Dheeraj Mor vs. High Court of Delhi (2018)

/ Appointment of District Judges, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 233, Fundamental Rights, Judges, Kurian Joseph, Mohan M. Shantanagoudar, Service Law

LEGAL ISSUE: Interpretation of Article 233 of the Constitution of India regarding the eligibility criteria for direct recruitment of District Judges. CASE TYPE: Service Law Case Name: Dheeraj Mor vs. Hon’ble High Court of Delhi Judgment Date: 23 January 2018 Date of the Judgment: 23 January 2018 The Supreme Court of India, in a batch

Supreme Court Clarifies Eligibility for District Judge Appointments: Dheeraj Mor vs. High Court of Delhi (2018) Read Post »

Supreme Court Sets Aside High Court Order on Petrol Pump Dealership: Indian Oil Corporation Ltd. vs. Shashi Prabha Shukla (2017)

/ Administrative Law, Amitava Roy, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 19(1)(g), Contract Law, Dealership Agreements, Discretionary Powers, Fundamental Rights, Judges, Lease Agreements, N.V. Ramana, Public Contracts

LEGAL ISSUE: Whether a High Court can direct a fresh dealership to be awarded to an individual whose original dealership was cancelled due to irregularities. CASE TYPE: Civil Appeal Case Name: Indian Oil Corporation Ltd. & Ors. vs. Shashi Prabha Shukla & Anr. Judgment Date: 15 December 2017 Date of the Judgment: 15 December 2017

Supreme Court Sets Aside High Court Order on Petrol Pump Dealership: Indian Oil Corporation Ltd. vs. Shashi Prabha Shukla (2017) Read Post »

Supreme Court Clarifies “Originally Inhabitants of Assam” in NRC: Kamalakhya Dey Purkayastha vs. Union of India (2017)

/ Citizenship (Registration of Citizens and Issues of National Identity Cards) Rules, 2003, Citizenship Law, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Judges, National Register of Citizens (NRC), Ranjan Gogoi, Rohinton Fali Nariman

Can the term “originally inhabitants of the State of Assam” create a superior class of citizens during the National Register of Citizens (NRC) process? The Supreme Court of India addressed this question in a recent judgment. This case clarifies that the NRC is solely based on citizenship, not on whether someone is an original inhabitant

Supreme Court Clarifies “Originally Inhabitants of Assam” in NRC: Kamalakhya Dey Purkayastha vs. Union of India (2017) Read Post »

Supreme Court directs quick disposal of Sub-Inspector selection case: State of West Bengal vs. Basudev Das (2017)

/ Amitava Roy, Constitutional Law, Constitutional Law with Article 14, Judges, Kurian Joseph, Selection Process, Service Law, Service Law with Expedited Hearing

Can a selection process be set aside due to grievances about height discrimination? The Supreme Court of India recently addressed this question in a case concerning the selection of Sub-Inspectors in West Bengal. The court did not delve into the merits of the case but instead directed the High Court to expedite the hearing of

Supreme Court directs quick disposal of Sub-Inspector selection case: State of West Bengal vs. Basudev Das (2017) Read Post »

Supreme Court directs Tribunal to Expedite Constable Appointment Case: Shaik Shahanaj vs. State of Andhra Pradesh (24 November 2017)

/ Amitava Roy, Civil Procedure, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Judges, Kurian Joseph, Non-Creamy Layer Certificate, Recruitment Rules, Service Law, State Administrative Tribunal, Timely Disposal of Cases

Can a delay in producing a non-creamy layer certificate cost someone a job? The Supreme Court of India recently addressed this issue in a case concerning the selection of a police constable. The court directed the State Administrative Tribunal to expedite the matter. This case highlights the importance of timely submission of documents in government

Supreme Court directs Tribunal to Expedite Constable Appointment Case: Shaik Shahanaj vs. State of Andhra Pradesh (24 November 2017) Read Post »

Supreme Court Declares Stringent Bail Conditions Under PMLA Unconstitutional: Nikesh Tarachand Shah vs. Union of India (23 November 2017)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Fundamental Rights, Judges, Offence of Money Laundering, Prevention of Money Laundering Act, 2002, Prevention of Money Laundering Act, 2002 with Section 45, R.F. Nariman, Sanjay Kishan Kaul

Can bail be denied based on the nature of a related offense, rather than the primary offense itself? The Supreme Court of India addressed this critical question in Nikesh Tarachand Shah vs. Union of India. This case challenged the constitutional validity of Section 45 of the Prevention of Money Laundering Act (PMLA), 2002, which imposed

Supreme Court Declares Stringent Bail Conditions Under PMLA Unconstitutional: Nikesh Tarachand Shah vs. Union of India (23 November 2017) Read Post »

Supreme Court settles Reservation in Upgradation in Service Matters: Bharat Sanchar Nigam Ltd. vs. K. Nagarathnamma (22 November 2017)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Judges, Kurian Joseph, Reservation in Service, S. Abdul Nazeer, Service Law, Upgradation in Service

Can reservation policies extend to simple upgradation in service? The Supreme Court of India recently addressed this crucial question in a case involving Bharat Sanchar Nigam Ltd. (BSNL). The Court clarified that reservation is not applicable in cases of simple upgradation, relying on its previous judgment on the same issue. This judgment, delivered on 22nd

Supreme Court settles Reservation in Upgradation in Service Matters: Bharat Sanchar Nigam Ltd. vs. K. Nagarathnamma (22 November 2017) Read Post »

Supreme Court clarifies rules on termination for criminal history: Union of India vs. Amit Singh (2017)

/ Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Judges, Kurian Joseph, R. Banumathi, Service Law, Service Law with Avtar Singh v. Union of India, Termination of Service

Date of the Judgment: November 15, 2017 Citation: Civil Appeal No(s). 18799/2017 (Arising from SLP(C) No.4757/2014) Judges: Kurian Joseph, J. and R. Banumathi, J. Can an employer terminate an employee’s service based on a past criminal case, even if it was a minor issue resolved before employment? The Supreme Court of India addressed this question

Supreme Court clarifies rules on termination for criminal history: Union of India vs. Amit Singh (2017) Read Post »

Supreme Court clarifies Entry Tax set-off for Oil Companies in Bihar: Indian Oil Corporation vs. State of Bihar (2017)

/ Bihar Tax on Entry of Goods Act, 1993, Bihar Value Added Tax Act, 2005, Constitutional Law, Constitutional Law with Article 14, Judges, R.F. Nariman, Sanjay Kishan Kaul, Tax Law, Tax Law with Section 3(2)

LEGAL ISSUE: Whether oil companies are eligible for a set-off of Value Added Tax (VAT) against Entry Tax paid on petroleum products when the VAT is levied at the point of sale by other oil marketing companies (OMCs). CASE TYPE: Tax Law Case Name: Indian Oil Corporation Limited vs. State of Bihar & Anr. Judgment

Supreme Court clarifies Entry Tax set-off for Oil Companies in Bihar: Indian Oil Corporation vs. State of Bihar (2017) Read Post »

Supreme Court Upholds AFT Decision on Promotion Board Marks: Union of India vs. Maj. Gen. Manomoy Ganguly (2017)

/ A.K. Sikri, Armed Forces Promotion, Armed Forces Tribunal, Ashok Bhushan, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Judges, Service Law, Service Law with Promotion Policy

LEGAL ISSUE: Whether the Armed Forces Tribunal (AFT) was correct in interfering with the discretion of the Special Promotion Board (SPB) in awarding marks for promotion. CASE TYPE: Service Law – Armed Forces Promotion Case Name: Union of India and Others vs. Maj. Gen. Manomoy Ganguly, VSM Judgment Date: 10 November 2017 Can a promotion

Supreme Court Upholds AFT Decision on Promotion Board Marks: Union of India vs. Maj. Gen. Manomoy Ganguly (2017) Read Post »

Supreme Court Upholds Dual Pricing Policy for Diesel: Indian Oil Corporation Ltd. vs. Kerala State Road Transport Corporation (2017)

/ Arun Mishra, Constitutional Law, Constitutional Law with Article 14, Fiscal Law, Fundamental Rights, Government Policy, Judges, Mohan M. Shantanagoudar, Subsidies

LEGAL ISSUE: Whether the Government of India’s decision to charge bulk consumers a non-subsidized, market-determined price for diesel is valid. CASE TYPE: Policy decision, Fiscal Law. Case Name: Indian Oil Corporation Limited & Anr. vs. Kerala State Road Transport Corporation & Ors. [Judgment Date]: November 7, 2017 Date of the Judgment: November 7, 2017. Citation:

Supreme Court Upholds Dual Pricing Policy for Diesel: Indian Oil Corporation Ltd. vs. Kerala State Road Transport Corporation (2017) Read Post »

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