Fundamental Rights

Supreme Court Enhances Land Compensation: Harpal Singh vs. State of Punjab (2022)

/ Compensation, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Judges, Krishna Murari, Land Acquisition Act, Land Acquisition Act with Section 4, M.R. Shah

Supreme Court Enhances Compensation for Land Acquisition in Punjab LEGAL ISSUE: Determination of fair compensation for land acquisition. CASE TYPE: Land Acquisition Case Name: Harpal Singh and Anr. Etc. Etc. Versus State of Punjab Etc. Etc. [Judgment Date]: 23 September 2022 Date of the Judgment: 23 September 2022 Citation: Harpal Singh and Anr. Etc. Etc. […]

Supreme Court Enhances Land Compensation: Harpal Singh vs. State of Punjab (2022) Read Post »

Supreme Court Upholds Delhi Land Reforms Act Succession Rules: Har Naraini Devi vs. Union of India (20 September 2022)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 31B, Delhi Land Reforms Act, 1954, Delhi Land Reforms Act, 1954 with Section 50, Fundamental Rights, Hemant Gupta, Hindu Succession Act, 1956, Hindu Succession Act, 1956 with Section 4(2), Judges, Succession, Succession of Land, Vikram Nath

Supreme Court Upholds Delhi Land Reforms Act Succession Rules: Har Naraini Devi vs. Union of India (2022) LEGAL ISSUE: Whether Section 50(a) of the Delhi Land Reforms Act, 1954, which prioritizes male lineal descendants in matters of succession to agricultural land, is unconstitutional. CASE TYPE: Civil Law, Land Reform, Succession. Case Name: Har Naraini Devi

Supreme Court Upholds Delhi Land Reforms Act Succession Rules: Har Naraini Devi vs. Union of India (20 September 2022) Read Post »

Supreme Court Upholds Haryana Sikh Gurdwara Act, Settles Inter-State Body Corporate Issue: Harbajan Singh vs. State of Haryana (20 September 2022)

/ Constitutional Law, Constitutional Law with Article 25, Constitutional Law with Article 26, Fundamental Rights, Hemant Gupta, Inter-State Corporation Act, 1957, Inter-State Corporation Act, 1957 with Section 3, Inter-State Corporation Act, 1957 with Section 4, Judges, Punjab Reorganisation Act, 1966, Punjab Reorganisation Act, 1966 with Section 72, Vikram Nath

Supreme Court Upholds Haryana Sikh Gurdwara Act, Settles Inter-State Body Corporate Issue LEGAL ISSUE: Whether the Haryana State Legislature has the legislative competence to enact the Haryana Sikh Gurdwara (Management) Act, 2014, or if it falls under the exclusive domain of the Parliament as an inter-state body corporate. CASE TYPE: Constitutional Law, Religious Institutions Case

Supreme Court Upholds Haryana Sikh Gurdwara Act, Settles Inter-State Body Corporate Issue: Harbajan Singh vs. State of Haryana (20 September 2022) Read Post »

Supreme Court settles pension calculation for employees switching government jobs: State of Rajasthan vs. O.P. Gupta (2022) INSC 772 (19 September 2022)

/ Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Indira Banerjee, J.K. Maheshwari, Judges, Pension Benefits, Service Law, Service Law with Rule 25 of the Rajasthan Civil Services (Pension) Rules, 1996

Supreme Court settles pension calculation for employees switching government jobs: State of Rajasthan vs. O.P. Gupta (2022) INSC 772 (19 September 2022) LEGAL ISSUE: Whether prior service in a government entity should be counted for pension benefits when an employee resigns to join another government job. CASE TYPE: Service Law – Pension Benefits. Case Name:

Supreme Court settles pension calculation for employees switching government jobs: State of Rajasthan vs. O.P. Gupta (2022) INSC 772 (19 September 2022) Read Post »

Supreme Court to decide on mandatory separate hearing for death penalty cases

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 235, Code of Criminal Procedure, 1973 with Section 309, Code of Criminal Procedure, 1973 with Section 354, Constitutional Law, Fundamental Rights, Judges, S. Ravindra Bhat, Sudhanshu Dhulia, Uday Umesh Lalit

Supreme Court to decide on mandatory separate hearing for death penalty cases Date of the Judgment: 19 September 2022 Judges: Uday Umesh Lalit, CJI, S. Ravindra Bhat, J, Sudhanshu Dhulia, J. The Supreme Court of India is grappling with a critical question: Should a separate hearing be mandatory after a conviction in cases where the

Supreme Court to decide on mandatory separate hearing for death penalty cases Read Post »

Supreme Court quashes Pharmacy Council of India’s moratorium on new pharmacy colleges: Pharmacy Council of India vs. Rajeev College of Pharmacy (2022)

/ B.R. Gavai, Constitutional Law, Constitutional Law with Article 13, Constitutional Law with Article 19(1)(g), Education Law, Fundamental Rights, Judges, Pamidighantam Sri Narasimha

Supreme Court quashes Pharmacy Council of India’s moratorium on new pharmacy colleges: Pharmacy Council of India vs. Rajeev College of Pharmacy (2022) LEGAL ISSUE: Whether the Pharmacy Council of India (PCI) can impose a moratorium on the establishment of new pharmacy colleges through an executive resolution. CASE TYPE: Education Law Case Name: Pharmacy Council of

Supreme Court quashes Pharmacy Council of India’s moratorium on new pharmacy colleges: Pharmacy Council of India vs. Rajeev College of Pharmacy (2022) Read Post »

Right to Dignified Burial vs. Public Order: Supreme Court Denies Exhumation in Mohammad Latief Magrey vs. Union Territory of Jammu and Kashmir (2022)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 176(3), Constitutional Law, Constitutional Law with Article 21, Constitutional Law with Article 25, Fundamental Rights, J.B. Pardiwala, Judges, Surya Kant

Supreme Court Upholds Right to Dignified Burial, Denies Exhumation in Terrorist Encounter Case LEGAL ISSUE: Balancing the right to a dignified burial with concerns of public order and security. CASE TYPE: Writ Petition/Civil Appeal Case Name: Mohammad Latief Magrey vs. The Union Territory of Jammu and Kashmir & Ors. Judgment Date: 12 September 2022 Date

Right to Dignified Burial vs. Public Order: Supreme Court Denies Exhumation in Mohammad Latief Magrey vs. Union Territory of Jammu and Kashmir (2022) Read Post »

Gratuity for Teachers: Supreme Court Upholds Retrospective Application of Payment of Gratuity Act in Private Schools (29 August 2022)

/ Bela M. Trivedi, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Judges, Payment of Gratuity Act, 1972, Payment of Gratuity Act, 1972 with Section 13A, Payment of Gratuity Act, 1972 with Section 2(e), Sanjiv Khanna

Supreme Court Upholds Retrospective Gratuity for Teachers in Private Schools LEGAL ISSUE: Whether the retrospective amendment to the Payment of Gratuity Act, 1972, extending gratuity benefits to teachers in private educational institutions, is constitutionally valid. CASE TYPE: Labour Law/Service Law Case Name: Independent Schools’ Federation of India (Regd.) vs. Union of India and Another [Judgment

Gratuity for Teachers: Supreme Court Upholds Retrospective Application of Payment of Gratuity Act in Private Schools (29 August 2022) Read Post »

Supreme Court Upholds Cut-off Date for Revised Pension: State of Tripura vs. Anjana Bhattacharjee (24 August 2022)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 309, Fundamental Rights, Judges, M.R. Shah, Pension, Service Law, Service Law with Cut-off Date

Supreme Court Upholds Cut-off Date for Revised Pension: State of Tripura vs. Anjana Bhattacharjee (2022) Date of the Judgment: 24 August 2022 Citation: Civil Appeal No. 5114 of 2022 Judges: M.R. Shah, J. and B.V. Nagarathna, J. Can a state government set a cut-off date for the implementation of revised pension benefits, or must all

Supreme Court Upholds Cut-off Date for Revised Pension: State of Tripura vs. Anjana Bhattacharjee (24 August 2022) Read Post »

Supreme Court Re-examines Land Acquisition Compensation Under Karnataka Slum Act: State of Karnataka vs. B.R. Muralidhar (28 July 2022)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 31C, Constitutional Law with Article 39(b), Fundamental Rights, Judges, Karnataka Slum Areas (Improvement and Clearance) Act, 1973, Karnataka Slum Areas (Improvement and Clearance) Act, 1973 with Section 20, Land Acquisition, Sanjiv Khanna, Slum Improvement

Supreme Court Re-examines Land Acquisition Compensation Under Karnataka Slum Act Date of the Judgment: 28 July 2022 Citation: Civil Appeal No. 1966 of 2013, with Civil Appeal No. … of 2022 (Arising out of S.L.P. (C) No. 18942 of 2013) Judges: A.M. Khanwilkar, J., Sanjiv Khanna, J. Can a state law that dictates compensation for

Supreme Court Re-examines Land Acquisition Compensation Under Karnataka Slum Act: State of Karnataka vs. B.R. Muralidhar (28 July 2022) Read Post »

Supreme Court Upholds Key Provisions of Prevention of Money Laundering Act, 2002: Vijay Madanlal Choudhary vs. Union of India (27 July 2022)

/ A.M. Khanwilkar, C.T. Ravikumar, Code of Criminal Procedure, 1973, Constitutional Law, Constitutional Law with Article 20, Dinesh Maheshwari, Fundamental Rights, Indian Evidence Act, 1872, Judges, Money Laundering, Prevention of Money Laundering Act, 2002, Prevention of Money Laundering Act, 2002 with Section 3, Prevention of Money Laundering Act, 2002 with Section 45

Supreme Court Upholds Key Provisions of Prevention of Money Laundering Act, 2002 Date of the Judgment: 27 July 2022 Citation: Vijay Madanlal Choudhary & Ors. vs. Union of India & Ors., 2022 INSC 615 Judges: A.M. Khanwilkar, J., Dinesh Maheshwari, J., and C.T. Ravikumar, J. Is the Prevention of Money Laundering Act, 2002 (PMLA) a

Supreme Court Upholds Key Provisions of Prevention of Money Laundering Act, 2002: Vijay Madanlal Choudhary vs. Union of India (27 July 2022) Read Post »

Supreme Court Directs States to Expedite Registration of Unorganized Workers: In Re: Problems and Miseries of Migrant Labourers (21 July 2022)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 21, Contract Labour (Regulation and Abolition) Act, 1970, Fundamental Rights, Judges, M.R. Shah, National Food Security Act, 2013, National Food Security Act, 2013 with Section 9

Supreme Court Directs States to Expedite Registration of Unorganized Workers: In Re: Problems and Miseries of Migrant Labourers (21 July 2022) Date of the Judgment: 21 July 2022 Citation: IN RE: Problems and Miseries of Migrant Labourers, Miscellaneous Application No. 94 of 2022 in Suo Motu Writ Petition (Civil) No. 6 of 2020 Judges: M.R.

Supreme Court Directs States to Expedite Registration of Unorganized Workers: In Re: Problems and Miseries of Migrant Labourers (21 July 2022) Read Post »

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