Constitutional Law with Article 21 Archives

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

October 4, 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 Refuses to Direct Parliament to Enact Standalone Law on Custodial Torture: Ashwani Kumar vs. Union of India (2019)

September 5, 2019 / Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Dinesh Maheshwari, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 330, Judges, Offences Against Human Body, Ranjan Gogoi, Sanjiv Khanna

Supreme Court Refuses to Direct Parliament to Enact Standalone Law on Custodial Torture: Ashwani Kumar vs. Union of India (2019) LEGAL ISSUE: Whether the Supreme Court can direct Parliament to enact a specific law. CASE TYPE: Constitutional Law, Public Interest Litigation Case Name: Dr. Ashwani Kumar vs. Union of India and Another Judgment Date: 05

Supreme Court Refuses to Direct Parliament to Enact Standalone Law on Custodial Torture: Ashwani Kumar vs. Union of India (2019) Read Post »

Supreme Court Directs Implementation of Parking Policy to Ease Congestion: M.C. Mehta vs. Union of India (2019) INSC 785 (2 September 2019)

September 2, 2019 / Arun Mishra, Constitutional Law, Constitutional Law with Article 21, Deepak Gupta, Judges, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 117, Motor Vehicles Act, 1988 with Section 127, Motor Vehicles Act, 1988 with Section 138

Supreme Court Issues Directions on Parking Policy in Residential Areas LEGAL ISSUE: Implementation of a comprehensive parking policy in residential and other areas. CASE TYPE: Public Interest Litigation Case Name: M.C. Mehta vs. Union of India & Ors. [Judgment Date]: 2 September 2019 Introduction Date of the Judgment: 2 September 2019 Citation: (2019) INSC 785

Supreme Court Directs Implementation of Parking Policy to Ease Congestion: M.C. Mehta vs. Union of India (2019) INSC 785 (2 September 2019) Read Post »

Supreme Court Orders CBI Probe in Custodial Death Case: Union of India vs. Junu Gayary (26 July 2019)

July 26, 2019 / A.S. Bopanna, Constitutional Law, Constitutional Law with Article 142, Constitutional Law with Article 21, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Judges, M.R. Shah

Supreme Court Orders CBI Probe in Custodial Death Case: Union of India vs. Junu Gayary (2019) LEGAL ISSUE: Whether a CBI investigation should be ordered in a case of alleged custodial death following an inquiry by the District & Sessions Judge. CASE TYPE: Criminal Case Name: Union of India and others vs. Junu Gayary Judgment

Supreme Court Orders CBI Probe in Custodial Death Case: Union of India vs. Junu Gayary (26 July 2019) Read Post »

Supreme Court Orders Completion of Amrapali Group Projects, Protecting Homebuyers: Bikram Chatterji & Ors. vs. Union of India & Ors. (2019)

July 23, 2019 / Arun Mishra, Constitutional Law, Constitutional Law with Article 21, Constitutional Law with Article 32, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 12(1)(c), Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 53, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Real Estate (Regulation and Development) Act, 2016, Real Estate (Regulation and Development) Act, 2016 with Section 11(4), Real Estate (Regulation and Development) Act, 2016 with Section 4(2)(l)(D), Real Estate (Regulation and Development) Act, 2016 with Section 8, Uday Umesh Lalit

Amrapali Group Homebuyers Win Relief: Supreme Court Orders Project Completion LEGAL ISSUE: Protection of homebuyers’ rights and completion of stalled real estate projects. CASE TYPE: Real Estate/Consumer Law. Case Name: Bikram Chatterji & Ors. vs. Union of India & Ors. [Judgment Date]: 23 July 2019 Date of the Judgment: 23 July 2019 Citation: Not Available

Supreme Court Orders Completion of Amrapali Group Projects, Protecting Homebuyers: Bikram Chatterji & Ors. vs. Union of India & Ors. (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

Mental Illness and Sentencing: Supreme Court Commutes Death Penalty in Landmark Decision (12 April 2019)

April 12, 2019 / Code of Criminal Procedure, Code of Criminal Procedure with Section 235(2), Constitutional Law, Constitutional Law with Article 21, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indira Banerjee, Judges, Mohan M. Shantanagoudar, N. V. Ramana, Offences Against Human Body

Supreme Court Commutes Death Sentence to Life Imprisonment for Mentally Ill Convict Date of the Judgment: 12 April 2019 Citation: Not Available Judges: N. V. Ramana, J., Mohan M. Shantanagoudar, J., Indira Banerjee, J. Can a person with a mental illness be executed? The Supreme Court of India addressed this critical question in a recent

Mental Illness and Sentencing: Supreme Court Commutes Death Penalty in Landmark Decision (12 April 2019) Read Post »

Supreme Court Upholds Freedom of Expression: Indibily Creative Pvt Ltd vs. State of West Bengal (2019)

April 11, 2019 / Cinematograph Act, 1952, Cinematograph Act, 1952 with Section 13, Cinematograph Act, 1952 with Section 5B, Constitutional Law, Constitutional Law with Article 19(1)(a), Constitutional Law with Article 21, Dhananjaya Y Chandrachud, Fundamental Rights, Hemant Gupta, Judges

Supreme Court Protects Free Speech in Film Exhibition: Indibily Creative Pvt Ltd vs. West Bengal (2019) **LEGAL ISSUE:** Whether a State government can obstruct the public exhibition of a film that has been certified by the Central Board of Film Certification (CBFC). **CASE TYPE:** Constitutional Law, Freedom of Speech and Expression **Case Name:** Indibily Creative

Supreme Court Upholds Freedom of Expression: Indibily Creative Pvt Ltd vs. State of West Bengal (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 Commutes Death Sentence Due to Mercy Petition Delay: Jagdish vs. State of Madhya Pradesh (21 February 2019)

February 21, 2019 / Constitutional Law, Constitutional Law with Article 21, Deepak Gupta, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indira Banerjee, Judges, N.V. Ramana, Offences Against Human Body

Supreme Court Commutes Death Sentence Due to Mercy Petition Delay: Jagdish vs. State of Madhya Pradesh (2019) LEGAL ISSUE: Whether inordinate delay in deciding a mercy petition warrants commutation of a death sentence to life imprisonment. CASE TYPE: Criminal Case Name: Jagdish vs. State of Madhya Pradesh Judgment Date: 21 February 2019 Date of the

Supreme Court Commutes Death Sentence Due to Mercy Petition Delay: Jagdish vs. State of Madhya Pradesh (21 February 2019) Read Post »

Supreme Court Directs Timely Appointment of Information Commissioners for Effective RTI Implementation

February 15, 2019 / A.K. Sikri, Constitutional Law, Constitutional Law with Article 19(1)(a), Constitutional Law with Article 21, Fundamental Rights, Judges, Right to Information Act, 2005, Right to Information Act, 2005 with Section 12, Right to Information Act, 2005 with Section 15, Right to Information Act, 2005 with Section 3, S. Abdul Nazeer

Supreme Court Directs Timely Appointment of Information Commissioners for Effective RTI Implementation LEGAL ISSUE: Ensuring the effective implementation of the Right to Information Act, 2005 through timely appointments to the Central and State Information Commissions. CASE TYPE: Public Interest Litigation (PIL) concerning the Right to Information. Case Name: Anjali Bhardwaj and Others vs. Union of

Supreme Court Directs Timely Appointment of Information Commissioners for Effective RTI Implementation Read Post »

Supreme Court Commutes Death Sentence in Gruesome Murder Case: Md. Mannan vs. State of Bihar (2019)

February 14, 2019 / Constitutional Law, Constitutional Law with Article 21, Criminal Procedure Code, Criminal Procedure Code with Section 235, Criminal Procedure Code with Section 354, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 376, Indira Banerjee, Judges, Mohan M. Shantanagoudar, N. V. Ramana, Offences Against Human Body

Supreme Court Commutes Death Sentence in Gruesome Murder Case: Md. Mannan vs. State of Bihar (2019) LEGAL ISSUE: Whether a death sentence should be commuted to life imprisonment when there are mitigating circumstances and procedural lapses in the sentencing process. CASE TYPE: Criminal Case Name: Md. Mannan @ Abdul Mannan v. State of Bihar Judgment

Supreme Court Commutes Death Sentence in Gruesome Murder Case: Md. Mannan vs. State of Bihar (2019) Read Post »