Fundamental Rights Archives

Supreme Court Upholds Haj Policy: Federation Haj PTOs vs. Union of India (2019)

February 4, 2019 / A.K. Sikri, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Government Policy, Judges, Judicial Review, M.R. Shah, Regulatory Policy, S. Abdul Nazeer

Supreme Court Upholds Haj Policy: Federation Haj PTOs vs. Union of India (2019) LEGAL ISSUE: Examining the validity of the Government’s Haj Policy concerning the eligibility criteria for Private Tour Operators (PTOs). CASE TYPE: Public Interest Litigation, Regulatory Policy. Case Name: Federation Haj PTOs of India vs. Union of India [Judgment Date]: 04 February 2019 […]

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Supreme Court Upholds Age Limits for Higher Judicial Service: Hirandra Kumar vs. Allahabad High Court (29 January 2019)

January 29, 2019 / Age Limits, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Dhananjaya Y Chandrachud, Fundamental Rights, Hemant Gupta, Judges, Recruitment Rules, Service Law

Supreme Court Upholds Age Limits for Higher Judicial Service: Hirandra Kumar vs. Allahabad High Court (2019) LEGAL ISSUE: Whether the age criteria and recruitment timelines set by the Uttar Pradesh Higher Judicial Service Rules, 1975 are constitutionally valid. CASE TYPE: Service Law Case Name: Hirandra Kumar vs. High Court of Judicature at Allahabad & Anr.

Supreme Court Upholds Age Limits for Higher Judicial Service: Hirandra Kumar vs. Allahabad High Court (29 January 2019) Read Post »

Supreme Court Upholds Key Provisions of Insolvency and Bankruptcy Code, 2016 in Swiss Ribbons Pvt. Ltd. vs. Union of India (25 January 2019)

January 25, 2019 / Companies Act, 2013, Companies Act, 2013 with Section 412, Constitutional Law, Constitutional Law with Article 14, Corporate Insolvency Resolution Process, Fundamental Rights, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 12A, Insolvency and Bankruptcy Code, 2016 with Section 29A, Judges, Navin Sinha, R.F. Nariman

Supreme Court Upholds Key Provisions of Insolvency and Bankruptcy Code, 2016 Date of the Judgment: 25 January 2019 Citation: (2019) ibclaw.in 03 SC Judges: Justice R.F. Nariman and Justice Navin Sinha Is the Insolvency and Bankruptcy Code, 2016 (IBC) a constitutionally valid law? The Supreme Court of India recently addressed this critical question in a

Supreme Court Upholds Key Provisions of Insolvency and Bankruptcy Code, 2016 in Swiss Ribbons Pvt. Ltd. vs. Union of India (25 January 2019) Read Post »

Supreme Court Upholds Right to Dance, Strikes Down Obscene Dance Restrictions in Maharashtra: Indian Hotel and Restaurant Association vs. State of Maharashtra (2019)

January 17, 2019 / A.K. Sikri, Ashok Bhushan, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 19, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 292, Indian Penal Code, 1860 with Section 294, Judges, Maharashtra Prohibition of Obscene Dance Act, 2016, Maharashtra Prohibition of Obscene Dance Act, 2016 with Section 2(8), Maharashtra Prohibition of Obscene Dance Act, 2016 with Section 6(4), Maharashtra Prohibition of Obscene Dance Act, 2016 with Section 8

Supreme Court Upholds Right to Dance, Strikes Down Obscene Dance Restrictions in Maharashtra: Indian Hotel and Restaurant Association vs. State of Maharashtra (2019) Date of the Judgment: January 17, 2019 Citation: 2019 INSC 28 Judges: A.K. Sikri, J., Ashok Bhushan, J. Can the state impose a complete ban on dance performances in hotels and bars?

Supreme Court Upholds Right to Dance, Strikes Down Obscene Dance Restrictions in Maharashtra: Indian Hotel and Restaurant Association vs. State of Maharashtra (2019) Read Post »

Supreme Court settles promotion rules in Assam Rifles: Union of India vs. Krishna Kumar (2019)

January 14, 2019 / Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Dhananjaya Y. Chandrachud, Fundamental Rights, Hemant Gupta, Judges, Promotion, Recruitment Rules, Service Law, Service Law with Vested Right

Supreme Court clarifies promotion rules in Assam Rifles: Union of India vs. Krishna Kumar (2019) LEGAL ISSUE: Whether promotions should be based on rules existing when vacancies arise or when the promotion is considered. CASE TYPE: Service Law Case Name: Union of India & Ors. vs. Krishna Kumar & Ors. [Judgment Date]: 14 January 2019

Supreme Court settles promotion rules in Assam Rifles: Union of India vs. Krishna Kumar (2019) Read Post »

Supreme Court Denies Pay Parity for Sub Fire Officers: Punjab State Electricity Board vs. Thana Singh (2019)

January 8, 2019 / Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 39(d), Fundamental Rights, Indira Banerjee, Judges, Pay Parity, R. Banumathi, Service Law

Supreme Court Denies Pay Parity for Sub Fire Officers: Punjab State Electricity Board vs. Thana Singh (2019) LEGAL ISSUE: Whether Sub Fire Officers are entitled to the same pay scale as other employees within the same group, specifically Head Clerks, Head Clerk-cum-Divisional Accountants, and Internal Auditors. CASE TYPE: Service Law Case Name: Punjab State Electricity

Supreme Court Denies Pay Parity for Sub Fire Officers: Punjab State Electricity Board vs. Thana Singh (2019) Read Post »

Supreme Court Denies Pay Parity for Internal Auditors: Punjab State Power Corporation Ltd. vs. Rajesh Kumar Jindal (2019)

January 8, 2019 / Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Fundamental Rights, Indira Banerjee, Judges, Pay Parity, R. Banumathi, Service Law, Service Law with Regulation 3(g)

Supreme Court Denies Pay Parity for Internal Auditors: Punjab State Power Corporation Ltd. vs. Rajesh Kumar Jindal (2019) LEGAL ISSUE: Whether Internal Auditors are entitled to pay parity with Head Clerks solely based on being in the same group, irrespective of different recruitment methods, qualifications, and duties. CASE TYPE: Service Law Case Name: Punjab State

Supreme Court Denies Pay Parity for Internal Auditors: Punjab State Power Corporation Ltd. vs. Rajesh Kumar Jindal (2019) Read Post »

Supreme Court Upholds Tax Benefit Scheme for Disabled Dependents: Ravi Agrawal vs. Union of India (2019)

January 3, 2019 / A.K. Sikri, Ashok Bhushan, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Income Tax Act, 1961, Income Tax Act, 1961 with Section 80DD, Judges, S. Abdul Nazeer, Tax Benefits

Supreme Court Upholds Tax Benefit Scheme for Disabled Dependents: Ravi Agrawal vs. Union of India (2019) LEGAL ISSUE: Whether the Jeevan Aadhar policy under Section 80DD of the Income Tax Act, 1961, which provides benefits to disabled dependents only after the death of the parent/guardian, is discriminatory and violates Article 14 of the Constitution. CASE

Supreme Court Upholds Tax Benefit Scheme for Disabled Dependents: Ravi Agrawal vs. Union of India (2019) Read Post »

Supreme Court Directs Enhanced Welfare for Elderly: Dr. Ashwani Kumar vs. Union of India (2018)

December 13, 2018 / Constitutional Law, Constitutional Law with Article 21, Constitutional Law with Article 41, Deepak Gupta, Fundamental Rights, Judges, Madan B. Lokur, Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Maintenance and Welfare of Parents and Senior Citizens Act, 2007 with Section 19, Maintenance and Welfare of Parents and Senior Citizens Act, 2007 with Section 20, Maintenance and Welfare of Parents and Senior Citizens Act, 2007 with Section 30

Supreme Court Directs Enhanced Welfare for Elderly: Dr. Ashwani Kumar vs. Union of India (2018) LEGAL ISSUE: Enforcement of fundamental rights of elderly persons, including the right to live with dignity, shelter, and health, and effective implementation of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. CASE TYPE: Public Interest Litigation concerning

Supreme Court Directs Enhanced Welfare for Elderly: Dr. Ashwani Kumar vs. Union of India (2018) Read Post »

Supreme Court clarifies rights of death row prisoners regarding facilities and treatment: In Re: Inhuman Conditions in 1382 Prisons (2018)

December 13, 2018 / Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Deepak Gupta, Fundamental Rights, Judges, Madan B. Lokur, Prisons Act, 1894, Prisons Act, 1894 with Section 30, S. Abdul Nazeer

Rights of Death Row Prisoners: Supreme Court Clarifies Entitlements (2018) Date of the Judgment: December 13, 2018 Citation: I.A. NO. 26542 OF 2018 in WRIT PETITION (CIVIL) NO. 406 OF 2013 Judges: Madan B. Lokur, J, S. Abdul Nazeer, J, Deepak Gupta, J Can a prisoner sentenced to death be treated differently from other convicts?

Supreme Court clarifies rights of death row prisoners regarding facilities and treatment: In Re: Inhuman Conditions in 1382 Prisons (2018) Read Post »

Socio-Economic Factors and Reformation: Supreme Court Commutes Death Sentence in Kerala Multiple Murder Case (2018)

December 12, 2018 / Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 354(3), Constitutional Law, Deepak Gupta, Fundamental Rights, Judges, Madan B. Lokur, S. Abdul Nazeer, Sentencing

Socio-Economic Factors and Reformation: Supreme Court Commutes Death Sentence in Kerala Multiple Murder Case (2018) LEGAL ISSUE: Whether socio-economic factors and the possibility of reformation should be considered when deciding between a life sentence and a death sentence. CASE TYPE: Criminal Case Name: M.A. Antony @ Antappan vs. State of Kerala Judgment Date: 12 December

Socio-Economic Factors and Reformation: Supreme Court Commutes Death Sentence in Kerala Multiple Murder Case (2018) Read Post »

Supreme Court settles compassionate appointment for children of second marriages in service matters (11 December 2018)

December 11, 2018 / Constitutional Law, Constitutional Law with Article 14, Dhananjaya Y Chandrachud, Fundamental Rights, Hindu Marriage Act, 1955, Hindu Marriage Act, 1955 with Section 16, Judges, M.R. Shah, Void Marriages

Supreme Court Rules on Compassionate Appointment for Children of Second Marriages LEGAL ISSUE: Whether children born from a second marriage are eligible for compassionate appointment. CASE TYPE: Service Law. Case Name: Union of India & Anr. vs. V.R. Tripathi. [Judgment Date]: 11 December 2018 Introduction Date of the Judgment: 11 December 2018 Citation: 2018 INSC

Supreme Court settles compassionate appointment for children of second marriages in service matters (11 December 2018) Read Post »