Fundamental Rights

Supreme Court Mandates Hybrid Hearings in All Courts and Tribunals: Sarvesh Mathur vs. Registrar General, High Court of Punjab and Haryana (2023) INSC 891 (October 6, 2023)

/ Access to Justice, Constitutional Law, Fundamental Rights, High Courts, Judiciary, Supreme Court of India

Supreme Court Mandates Hybrid Hearings in All Courts and Tribunals Date of the Judgment: October 6, 2023 Citation: (2023) INSC 891 Judges: Dr Dhananjaya Y Chandrachud, CJI, J B Pardiwala, J, Manoj Misra, J Can technology bridge the gap in access to justice? The Supreme Court of India, in a significant move, has mandated that […]

Supreme Court Mandates Hybrid Hearings in All Courts and Tribunals: Sarvesh Mathur vs. Registrar General, High Court of Punjab and Haryana (2023) INSC 891 (October 6, 2023) Read Post »

Supreme Court Upholds Constitutionality of Sections 95-100 of IBC: Dilip B Jiwrajka vs. Union of India (2023)

/ Constitutional Law, Constitutional Law with Article 32, Fundamental Rights, Insolvency Law, Insolvency Law with Section 100, Insolvency Law with Section 95, Insolvency Resolution Process

Supreme Court Upholds Constitutionality of Sections 95-100 of IBC: Dilip B Jiwrajka vs. Union of India (2023) LEGAL ISSUE: Constitutional validity of the process for initiating insolvency resolution for personal guarantors under Sections 95-100 of the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law, Constitutional Law Case Name: Dilip B Jiwrajka vs. Union

Supreme Court Upholds Constitutionality of Sections 95-100 of IBC: Dilip B Jiwrajka vs. Union of India (2023) Read Post »

Supreme Court Directs Expeditious Trial of Criminal Cases Against MPs and MLAs (2023) INSC 991

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 321, Constitutional Law, Constitutional Law with Article 227, Constitutional Law with Article 32, Criminal Procedure, Disqualification of Elected Representatives, Fundamental Rights, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 8

Supreme Court Directs Expeditious Trial of Criminal Cases Against MPs and MLAs (2023) INSC 991 LEGAL ISSUE: Monitoring and expediting criminal trials against sitting and former Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs). CASE TYPE: Public Interest Litigation (Criminal) Case Name: Ashwini Kumar Upadhyay vs. Union of India & Anr. [Judgment Date]:

Supreme Court Directs Expeditious Trial of Criminal Cases Against MPs and MLAs (2023) INSC 991 Read Post »

Supreme Court Invalidates Pre-Deposit Clause in Arbitration: Lombardi Engineering vs. Uttarakhand Jal Vidyut Nigam (2023) INSC 976

/ Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 2(f), Constitutional Law, Constitutional Law with Article 14, Fundamental Rights

Supreme Court Invalidates Pre-Deposit Clause in Arbitration: Lombardi Engineering vs. Uttarakhand Jal Vidyut Nigam (2023) INSC 976 LEGAL ISSUE: Whether a pre-deposit clause in an arbitration agreement is valid and enforceable under the Arbitration and Conciliation Act, 1996 and the Constitution of India. CASE TYPE: Arbitration Law Case Name: Lombardi Engineering Limited vs. Uttarakhand Jal

Supreme Court Invalidates Pre-Deposit Clause in Arbitration: Lombardi Engineering vs. Uttarakhand Jal Vidyut Nigam (2023) INSC 976 Read Post »

Supreme Court Upholds Penalty for Sexual Harassment: Union of India vs. Dilip Paul (2023) INSC 975

/ Constitutional Law, Constitutional Law with Article 14, Disciplinary Proceedings, Fundamental Rights, Service Law, Service Law with Central Civil Services Rules, 1965

Supreme Court Upholds Penalty for Sexual Harassment: Union of India vs. Dilip Paul (2023) INSC 975 LEGAL ISSUE: Whether a disciplinary committee can consider a second complaint in a sexual harassment case and whether the committee can question witnesses during the inquiry. CASE TYPE: Service Law, Sexual Harassment Case Name: Union of India and Others

Supreme Court Upholds Penalty for Sexual Harassment: Union of India vs. Dilip Paul (2023) INSC 975 Read Post »

Supreme Court directs fresh review for women officers’ promotions: Nitisha vs. Union of India (2023)

/ Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Permanent Commission, Promotion, Service Law, Service Law with Confidential Reports

Supreme Court directs fresh review for women officers’ promotions: Nitisha vs. Union of India (2023) LEGAL ISSUE: Implementation of Permanent Commission for women officers and their subsequent promotion. CASE TYPE: Service Law. Case Name: Nitisha and Others vs. Union of India and Others. [Judgment Date]: 3 November 2023 Introduction Date of the Judgment: 3 November

Supreme Court directs fresh review for women officers’ promotions: Nitisha vs. Union of India (2023) Read Post »

Supreme Court Orders Complete Eradication of Manual Scavenging and Enhanced Compensation for Sewer Deaths (2023)

/ Constitutional Law, Constitutional Law with Article 17, Constitutional Law with Article 23, Fundamental Rights, Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 with Section 11, Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 with Section 2(g), Rehabilitation of Manual Scavengers

Supreme Court Orders Complete Eradication of Manual Scavenging and Enhanced Compensation for Sewer Deaths (2023) LEGAL ISSUE: Eradication of manual scavenging and hazardous cleaning, along with ensuring proper rehabilitation and compensation for those affected. CASE TYPE: Public Interest Litigation concerning fundamental rights and social justice. Case Name: Dr. Balram Singh vs. Union of India &

Supreme Court Orders Complete Eradication of Manual Scavenging and Enhanced Compensation for Sewer Deaths (2023) Read Post »

Supreme Court Upholds Ban on Single-Use Plastics, Remands Non-Woven Bag Issue: Tamil Nadu Paper Cup vs. State of Tamil Nadu (20 October 2023)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 19(1)(g), Environment (Protection) Rules, 1986, Environment Protection Act, 1986, Environment Protection Act, 1986 with Section 5, Fundamental Rights, Plastic Waste Management Rules, 2016

Supreme Court Upholds Ban on Single-Use Plastics, Remands Non-Woven Bag Issue: Tamil Nadu Paper Cup vs. State of Tamil Nadu (2023) LEGAL ISSUE: Whether the ban imposed by the Tamil Nadu government on single-use plastics, including reinforced paper cups and non-woven bags, is legally valid. CASE TYPE: Environmental Law. Case Name: Tamil Nadu and Puducherry

Supreme Court Upholds Ban on Single-Use Plastics, Remands Non-Woven Bag Issue: Tamil Nadu Paper Cup vs. State of Tamil Nadu (20 October 2023) Read Post »

Supreme Court Protects Privacy of Women Accused: Indrakunwar vs. State of Chhattisgarh (2023)

/ Code of Criminal Procedure, Code of Criminal Procedure with Section 313, Constitutional Law, Constitutional Law with Article 21, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Offences Against Human Body

Supreme Court Protects Privacy of Women Accused: Indrakunwar vs. State of Chhattisgarh (2023) LEGAL ISSUE: The extent to which the right to privacy protects a woman’s personal life when accused of a crime and the obligations of an accused to explain incriminating circumstances under Section 313 of the Code of Criminal Procedure. CASE TYPE: Criminal

Supreme Court Protects Privacy of Women Accused: Indrakunwar vs. State of Chhattisgarh (2023) Read Post »

Supreme Court Declares No Fundamental Right to Marry for Queer Couples: Supriyo vs. Union of India (2023)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Fundamental Rights, Special Marriage Act, 1954, Special Marriage Act, 1954 with Section 21A, Special Marriage Act, 1954 with Section 4, Transgender Persons (Protection of Rights) Act, 2019, Transgender Persons (Protection of Rights) Act, 2019 with Section 3

Supreme Court Declares No Fundamental Right to Marry for Queer Couples: Supriyo vs. Union of India (2023) LEGAL ISSUE: Whether the Constitution guarantees a fundamental right to marry for queer couples. CASE TYPE: Constitutional Law, LGBTQ+ Rights. Case Name: Supriyo @ Supriya Chakraborty & Anr. vs. Union of India Judgment Date: 17 October 2023 Introduction

Supreme Court Declares No Fundamental Right to Marry for Queer Couples: Supriyo vs. Union of India (2023) Read Post »

Supreme Court Upholds Senior Advocate Designation: Mathews J. Nedumpara vs. Union of India (2023)

/ Advocates Act, 1961, Advocates Act, 1961 with Section 16, Advocates Act, 1961 with Section 23, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 19, Fundamental Rights

Supreme Court Upholds Senior Advocate Designation: Mathews J. Nedumpara vs. Union of India (2023) LEGAL ISSUE: Whether the designation of Senior Advocates under the Advocates Act, 1961 is unconstitutional. CASE TYPE: Constitutional Law Case Name: Mathews J. Nedumpara & Ors. vs. Union of India & Ors. [Judgment Date]: October 16, 2023 Introduction Date of the

Supreme Court Upholds Senior Advocate Designation: Mathews J. Nedumpara vs. Union of India (2023) Read Post »

Supreme Court Quashes Arbitrary Selection Process for Physical Training Instructors: Nutan Kumari vs. B.R.A. Bihar University (2023)

/ Arbitrary Selection, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Fundamental Rights, Public Employment, Selection Process, Service Law

Supreme Court Quashes Arbitrary Selection Process for Physical Training Instructors: Nutan Kumari vs. B.R.A. Bihar University (2023) LEGAL ISSUE: Whether a selection process for public employment can be deemed arbitrary and illegal due to inconsistent marking and undisclosed criteria. CASE TYPE: Service Law – Public Employment Case Name: Nutan Kumari vs. B.R.A. Bihar University and

Supreme Court Quashes Arbitrary Selection Process for Physical Training Instructors: Nutan Kumari vs. B.R.A. Bihar University (2023) Read Post »

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