Constitutional Law with Article 226 Archives

Supreme Court clarifies High Court’s jurisdiction over NCLT orders in insolvency cases: Embassy Property Developments Pvt. Ltd. vs. State of Karnataka (03 December 2019)

December 3, 2019 / Aniruddha Bose, Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 227, Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 14, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Mines and Minerals (Development and Regulation) Act, 1957, Mines and Minerals (Development and Regulation) Act, 1957 with Section 8A(6), Rohinton Fali Nariman, V. Ramasubramanian

Supreme Court clarifies High Court’s jurisdiction over NCLT orders in insolvency cases: Embassy Property Developments Pvt. Ltd. vs. State of Karnataka (2019) LEGAL ISSUE: Whether a High Court can interfere with an order passed by the National Company Law Tribunal (NCLT) under the Insolvency and Bankruptcy Code, 2016 (IBC), when there is a statutory remedy […]

Supreme Court clarifies High Court’s jurisdiction over NCLT orders in insolvency cases: Embassy Property Developments Pvt. Ltd. vs. State of Karnataka (03 December 2019) Read Post »

Supreme Court Upholds Tax on Share Buybacks: Genpact India vs. Deputy Commissioner of Income Tax (22 November 2019)

November 22, 2019 / Assessment and Appeals, Companies Act, 1956, Companies Act, 1956 with Section 391, Companies Act, 1956 with Section 77A, Constitutional Law, Constitutional Law with Article 226, Income Tax Act, 1961, Income Tax Act, 1961 with Section 115QA, Income Tax Act, 1961 with Section 246A, Indira Banerjee, Judges, Uday Umesh Lalit

Supreme Court Upholds Tax on Share Buybacks: Genpact India vs. Deputy Commissioner of Income Tax (2019) LEGAL ISSUE: Whether a company is liable to pay additional income tax on buyback of shares under Section 115QA of the Income Tax Act, 1961, even when the buyback is part of a scheme of arrangement approved by the

Supreme Court Upholds Tax on Share Buybacks: Genpact India vs. Deputy Commissioner of Income Tax (22 November 2019) Read Post »

Supreme Court Orders Regularization of Daily Wage Workers: Pandurang Sitaram Jadhav vs. State of Maharashtra (25 September 2019)

September 25, 2019 / Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 226, Judges, Labour Law, Labour Law with Section 30(1)(b), M.R. Shah, Regularization of Employees, Sanjay Kishan Kaul, Unfair Labour Practices

Supreme Court Orders Regularization of Daily Wage Workers: Pandurang Sitaram Jadhav vs. State of Maharashtra (2019) LEGAL ISSUE: Whether daily wage workers who have worked for a long period are entitled to regularization, despite the absence of sanctioned posts and a regular appointment process. CASE TYPE: Labour Law Case Name: Pandurang Sitaram Jadhav ETC. ETC.

Supreme Court Orders Regularization of Daily Wage Workers: Pandurang Sitaram Jadhav vs. State of Maharashtra (25 September 2019) Read Post »

Supreme Court Orders Re-evaluation of Assistant Professor Appointments: Pradeep Singh Dehal vs. State of Himachal Pradesh (2019)

September 17, 2019 / Appointment of Assistant Professors, Constitutional Law, Constitutional Law with Article 16(4), Constitutional Law with Article 226, Hemant Gupta, Judges, Judicial Review, L. Nageswara Rao, Reservation Policy, Service Law

Supreme Court Orders Re-evaluation of Assistant Professor Appointments: Pradeep Singh Dehal vs. State of Himachal Pradesh (2019) LEGAL ISSUE: Whether the High Court can direct the University to add marks for “publications” in the selection process of Assistant Professors and whether the selection process of conducting separate interviews for general and reserved categories is valid.

Supreme Court Orders Re-evaluation of Assistant Professor Appointments: Pradeep Singh Dehal vs. State of Himachal Pradesh (2019) Read Post »

Private Agreements Cannot Oust High Court’s Writ Jurisdiction: Supreme Court Decision in Maharashtra Chess Association vs. Union of India (29 July 2019)

July 29, 2019 / Agreements in Restraint of Legal Proceedings, Constitutional Law, Constitutional Law with Article 226, Contract Law, Contract Law with Section 28, Dhananjaya Y Chandrachud, Fundamental Rights, Indira Banerjee, Judges, Judicial Review

Supreme Court Rules Private Agreements Cannot Oust Writ Jurisdiction: Maharashtra Chess Association vs. Union of India (2019) Date of the Judgment: 29 July 2019 Citation: [Not Available in the source] Judges: Dr Dhananjaya Y Chandrachud, J and Indira Banerjee, J Can a private agreement between parties restrict the constitutional power of a High Court to

Private Agreements Cannot Oust High Court’s Writ Jurisdiction: Supreme Court Decision in Maharashtra Chess Association vs. Union of India (29 July 2019) Read Post »

Supreme Court Upholds State’s Policy on Tripura Medical College: Dr. Ashok Sinha vs. State of Tripura (2019)

July 19, 2019 / Constitutional Law, Constitutional Law with Article 226, Dhananjaya Y Chandrachud, Education Law, Indira Banerjee, Judges, Medical Education, Policy Decisions, Public Interest Litigation

Supreme Court Upholds State’s Policy on Tripura Medical College: Dr. Ashok Sinha vs. State of Tripura (2019) LEGAL ISSUE: Whether the State government can be directed to take over the administration of a medical college or if the State can retain administrative oversight through a society. CASE TYPE: Public Interest Litigation/Education Law Case Name: Dr.

Supreme Court Upholds State’s Policy on Tripura Medical College: Dr. Ashok Sinha vs. State of Tripura (2019) Read Post »

Supreme Court Orders Disclosure of APAR Entries for Promotion Consideration: Pankaj Prakash vs. United India Insurance Co Ltd (2019)

July 10, 2019 / Annual Performance Appraisal Report (APAR), Constitutional Law, Constitutional Law with Article 226, Dhananjaya Y Chandrachud, Indira Banerjee, Judges, Promotion, Service Law, Service Law with APAR

Supreme Court Orders Disclosure of APAR Entries for Promotion Consideration: Pankaj Prakash vs. United India Insurance Co Ltd (2019) LEGAL ISSUE: Whether non-communication of Annual Performance Appraisal Report (APAR) entries to an employee affects their promotion prospects. CASE TYPE: Service Law Case Name: Pankaj Prakash vs. United India Insurance Co Ltd & Anr [Judgment Date]:

Supreme Court Orders Disclosure of APAR Entries for Promotion Consideration: Pankaj Prakash vs. United India Insurance Co Ltd (2019) Read Post »

Supreme Court Clarifies Status of Private School Management Committees Under Article 12: Trigun Chand Thakur vs. State of Bihar (2019)

July 9, 2019 / A.S. Bopanna, Constitutional Law, Constitutional Law with Article 12, Constitutional Law with Article 226, Judges, R. Banumathi, Service Law, Termination of Service

Supreme Court Clarifies Status of Private School Management Committees Under Article 12: Trigun Chand Thakur vs. State of Bihar (2019) LEGAL ISSUE: Whether a management committee of a private school is considered “State” under Article 12 of the Constitution of India. CASE TYPE: Service Law Case Name: Trigun Chand Thakur vs. State of Bihar &

Supreme Court Clarifies Status of Private School Management Committees Under Article 12: Trigun Chand Thakur vs. State of Bihar (2019) Read Post »

Supreme Court Overturns High Court Order in Dowry Death Case: Vishnu Kumar Tiwari vs. State of Uttar Pradesh (2019)

July 9, 2019 / Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 190, Code of Criminal Procedure, 1973 with Section 200, Code of Criminal Procedure, 1973 with Section 202, Constitutional Law, Constitutional Law with Article 226, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 304B, Indian Penal Code, 1860 with Section 498A, Judges, K.M. Joseph, Offences Against Human Body, Sanjay Kishan Kaul

Supreme Court Overturns High Court Order in Dowry Death Case: Vishnu Kumar Tiwari vs. State of Uttar Pradesh (2019) LEGAL ISSUE: Whether a Magistrate is bound to treat a protest petition as a complaint and follow the procedure under Section 200 and 202 of the Code of Criminal Procedure, 1973, when disagreeing with a police

Supreme Court Overturns High Court Order in Dowry Death Case: Vishnu Kumar Tiwari vs. State of Uttar Pradesh (2019) Read Post »

Supreme Court Upholds Review of Order in Property Dispute Case: Sunil Vasudeva vs. Sundar Gupta (2 July 2019)

July 2, 2019 / A.M. Khanwilkar, Ajay Rastogi, Code of Civil Procedure (CPC), Code of Civil Procedure (CPC) with Order 47 Rule 1, Constitutional Law, Constitutional Law with Article 226, Income Tax Act, 1961, Income Tax Act, 1961 with Section 293, Judges

Supreme Court Upholds Review of Order in Property Dispute Case: Sunil Vasudeva vs. Sundar Gupta (2019) LEGAL ISSUE: Whether the High Court was justified in reviewing its earlier order to restore a writ petition concerning a property sale. CASE TYPE: Civil, Property Dispute Case Name: Sunil Vasudeva & Ors. vs. Sundar Gupta & Ors. Judgment

Supreme Court Upholds Review of Order in Property Dispute Case: Sunil Vasudeva vs. Sundar Gupta (2 July 2019) Read Post »

Supreme Court Upholds Charges Against PFI Member in Murder Case: Asim Shariff vs. National Investigation Agency (2019)

July 1, 2019 / A.M. Khanwilkar, Ajay Rastogi, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 227, Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 227, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 302, Judges, Unlawful Activities (Prevention) Act, 1967, Unlawful Activities (Prevention) Act, 1967 with Section 15, Unlawful Activities (Prevention) Act, 1967 with Section 20

Supreme Court Upholds Charges Against PFI Member in Murder Case: Asim Shariff vs. National Investigation Agency (2019) LEGAL ISSUE: Whether the High Court was correct in upholding the charges framed by the trial court against the accused under Section 227 of the Code of Criminal Procedure, 1973. CASE TYPE: Criminal Law, Unlawful Activities (Prevention) Act,

Supreme Court Upholds Charges Against PFI Member in Murder Case: Asim Shariff vs. National Investigation Agency (2019) Read Post »

Supreme Court settles valuation of imported goods under Customs Act: Century Metal Recycling vs. Union of India (2019) INSC 481 (17 May 2019)

May 17, 2019 / Constitutional Law, Constitutional Law with Article 226, Customs Act, 1962, Customs Act, 1962 with Section 14, Customs Act, 1962 with Section 18, Customs Valuation Rules, 2007, Deepak Gupta, Judges, Ranjan Gogoi, Sanjiv Khanna

Supreme Court on Customs Valuation: Upholding Transaction Value in Aluminum Scrap Imports Can customs authorities reject the declared transaction value of imported goods without proper justification? The Supreme Court of India addressed this critical question in a case involving the import of aluminum scrap. The Court clarified the procedure for customs valuation, emphasizing the importance

Supreme Court settles valuation of imported goods under Customs Act: Century Metal Recycling vs. Union of India (2019) INSC 481 (17 May 2019) Read Post »