Judicial Review

Supreme Court Directs Reconsideration of ITAT Appointments: Advocate Association Bengaluru vs. Anoop Kumar Mendiratta (2022)

/ A M Khanwilkar, Dhananjaya Y Chandrachud, Income Tax Act, 1961, Income Tax Act, 1961 with Section 270A, Judges, Judicial Review, Pamidighantam Sri Narasimha, Search-cum-Selection Committee, Service Law, Tribunal Appointments, Tribunals Reforms Act, 2021, Tribunals Reforms Act, 2021 with Section 3(7)

Supreme Court Directs Reconsideration of ITAT Appointments: Advocate Association Bengaluru vs. Anoop Kumar Mendiratta (2022) LEGAL ISSUE: Whether the Appointments Committee of the Cabinet (ACC) can rely on feedback received after the Search-cum-Selection Committee (SCSC) recommendations without referring it back to the SCSC. CASE TYPE: Service Law/Contempt Case Name: Advocate Association Bengaluru vs. Anoop Kumar […]

Supreme Court Directs Reconsideration of ITAT Appointments: Advocate Association Bengaluru vs. Anoop Kumar Mendiratta (2022) Read Post »

Supreme Court Upholds High Court’s Jurisdiction Under Article 227 in Consumer Disputes: Ibrat Faizan vs. Omaxe Buildhome Private Limited (2022)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 227, Consumer Protection Act, 2019, Consumer Protection Act, 2019 with Section 58, Consumer Protection Act, 2019 with Section 67, Judges, Judicial Review, M.R. Shah, National Consumer Disputes Redressal Commission

Supreme Court Upholds High Court’s Jurisdiction Under Article 227 in Consumer Disputes LEGAL ISSUE: Whether a High Court can entertain a writ petition under Article 227 of the Constitution of India against an order passed by the National Consumer Disputes Redressal Commission (NCDRC) in an appeal under Section 58(1)(a)(iii) of the Consumer Protection Act, 2019.

Supreme Court Upholds High Court’s Jurisdiction Under Article 227 in Consumer Disputes: Ibrat Faizan vs. Omaxe Buildhome Private Limited (2022) Read Post »

Supreme Court Quashes Termination of Mining Lease Due to Lack of Evidence: Haryana Mining Company vs. State of Haryana (2022)

/ Administrative Law, B.R. Gavai, Breach of contract, Contract Law, Due Process, Illegal Mining, Judges, Judicial Review, L. Nageswara Rao, Lease Agreement, Mining Law, Mining Lease

Supreme Court Quashes Termination of Mining Lease Due to Lack of Evidence: Haryana Mining Company vs. State of Haryana (2022) LEGAL ISSUE: Whether the termination of a mining lease is justified without sufficient evidence of illegal mining activities by the leaseholder. CASE TYPE: Mining Law, Contract Law, Administrative Law Case Name: M/s Haryana Mining Company

Supreme Court Quashes Termination of Mining Lease Due to Lack of Evidence: Haryana Mining Company vs. State of Haryana (2022) Read Post »

Supreme Court Restores Land Compensation: Ram Chander vs. Union of India (20 April 2022)

/ B.V. Nagarathna, Compensation, Judges, Judicial Review, Land Acquisition Act, 1894, Land Acquisition Act, 1894: Section 4, M. R. Shah, Review of Judgments

Supreme Court Restores Land Compensation: Ram Chander vs. Union of India (2022) LEGAL ISSUE: Whether the High Court was correct in reviewing its earlier judgment based on a subsequently overruled precedent, when the overruled precedent was later restored on remand. CASE TYPE: Land Acquisition Case Name: Sh. Ram Chander (Dead) Thr Lrs vs. Union of

Supreme Court Restores Land Compensation: Ram Chander vs. Union of India (20 April 2022) Read Post »

Supreme Court Sets Aside High Court Judgment for Delayed Reasoning in Murder Case

/ B.V. Nagarathna, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 437A, Criminal Law, Criminal Procedure, Judges, Judgment, Judicial Review, M. R. Shah, Supreme Court of India

Supreme Court Sets Aside High Court Judgment for Delayed Reasoning in Murder Case LEGAL ISSUE: Whether a High Court judgment can be set aside for pronouncing the operative part of the order without a reasoned judgment. CASE TYPE: Criminal Case Name: Indrajeet Yadav vs. Santosh Singh and Anr. Judgment Date: April 19, 2022 Date of

Supreme Court Sets Aside High Court Judgment for Delayed Reasoning in Murder Case Read Post »

Supreme Court Upholds Sentence for Attempt to Murder, Criticizes High Court’s Lenient Approach: State of Rajasthan vs. Banwari Lal (2022)

/ B.V. Nagarathna, Criminal Law, Criminal Sentencing, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 307, Indian Penal Code, 1860 with Section 324, Judges, Judicial Review, M.R. Shah, Offences Against Human Body

Supreme Court Upholds Sentence for Attempt to Murder, Criticizes High Court’s Lenient Approach: State of Rajasthan vs. Banwari Lal (2022) LEGAL ISSUE: The appropriate sentencing for the offense of attempt to murder under Section 307 of the Indian Penal Code, 1860 (IPC), and the extent to which appellate courts can interfere with the trial court’s

Supreme Court Upholds Sentence for Attempt to Murder, Criticizes High Court’s Lenient Approach: State of Rajasthan vs. Banwari Lal (2022) Read Post »

Supreme Court Upholds Compulsory Retirement in Bribery Case Despite Acquittal: State of Karnataka vs. Umesh (2022)

/ Dhananjaya Y Chandrachud, Disciplinary Proceedings, Judges, Judicial Review, Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, Karnataka Lokayukta Act, 1984, Karnataka Lokayukta Act, 1984 with Section 12(3), Karnataka Lokayukta Act, 1984 with Section 7(2), Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13, Prevention of Corruption Act, 1988 with Section 7, Service Law, Surya Kant

Supreme Court Upholds Compulsory Retirement in Bribery Case Despite Acquittal: State of Karnataka vs. Umesh (2022) Date of the Judgment: March 22, 2022 Citation: Civil Appeal Nos. 1763-1764 of 2022 Judges: Dr. Dhananjaya Y Chandrachud, J and Surya Kant, J. Can a government employee be penalized for misconduct in a disciplinary proceeding even after being

Supreme Court Upholds Compulsory Retirement in Bribery Case Despite Acquittal: State of Karnataka vs. Umesh (2022) Read Post »

Supreme Court Sets Aside Cryptic Review Order in Service Matter: Ratan Lal Patel vs. Dr. Hari Singh Gour Vishwavidyalaya (2022)

/ B.V. Nagarathna, Civil Procedure, Judges, M.R. Shah, Review Jurisdiction, Review of Judgments, Service Law

Supreme Court Sets Aside Cryptic Review Order in Service Matter: Ratan Lal Patel vs. Dr. Hari Singh Gour Vishwavidyalaya (2022) LEGAL ISSUE: Whether a High Court can allow a review petition without specifying the error apparent on the face of the record. CASE TYPE: Service Law Case Name: Ratan Lal Patel vs. Dr. Hari Singh

Supreme Court Sets Aside Cryptic Review Order in Service Matter: Ratan Lal Patel vs. Dr. Hari Singh Gour Vishwavidyalaya (2022) Read Post »

Supreme Court Upholds State’s Right to Reject Highest Bid in Public Auction: State of Punjab vs. Mehar Din (2022)

/ Abhay S. Oka, Ajay Rastogi, Contract Law, Judges, Judicial Review, Public Auction, Punjab Package Deal Properties (Disposal) Act, 1976, Punjab Package Deal Properties (Disposal) Act, 1976 with Rule 8, Punjab Package Deal Properties (Disposal) Rules, 1976, Scope of Judicial Review

Supreme Court Upholds State’s Right to Reject Highest Bid in Public Auction: State of Punjab vs. Mehar Din (2022) LEGAL ISSUE: Whether the State is bound to accept the highest bid in a public auction. CASE TYPE: Public Auction/Contract Law Case Name: State of Punjab & Others vs. Mehar Din [Judgment Date]: March 2, 2022

Supreme Court Upholds State’s Right to Reject Highest Bid in Public Auction: State of Punjab vs. Mehar Din (2022) Read Post »

Supreme Court Upholds Disciplinary Action Against Bank Manager for Misconduct: General Manager, UCO Bank vs. Krishna Kumar Bhardwaj (2022)

/ Abhay S. Oka, Ajay Rastogi, Disciplinary Proceedings, Judges, Judicial Review, Service Law, UCO Bank Officers Employees’ (Conduct) Regulations, 1976, UCO Bank Officers Employees’ (Conduct) Regulations, 1976 with Regulation 3, UCO Bank Officers Employees’ (Conduct) Regulations, 1976 with Regulation 6

Supreme Court Upholds Disciplinary Action Against Bank Manager for Misconduct LEGAL ISSUE: Whether the High Court can interfere with disciplinary proceedings when the inquiry was conducted as per procedure and the charges were not vague. CASE TYPE: Service Law/Disciplinary Proceedings Case Name: General Manager(Operation-1)/Appellate Authority, UCO Bank & Ors. vs. Krishna Kumar Bhardwaj [Judgment Date]:

Supreme Court Upholds Disciplinary Action Against Bank Manager for Misconduct: General Manager, UCO Bank vs. Krishna Kumar Bhardwaj (2022) Read Post »

Supreme Court Upholds UCO Bank’s Disciplinary Action Against Assistant Manager in Cash Theft Case (2022)

/ Abhay S. Oka, Ajay Rastogi, Banking Law, Departmental Inquiry, Disciplinary Proceedings, Employee Misconduct, Judges, Judicial Review, Service Law, UCO Bank Officers Employees (Discipline & Appeal) Regulations, 1976, UCO Bank Officers Employees (Discipline & Appeal) Regulations, 1976 with Regulation 12, UCO Bank Officers Employees (Discipline & Appeal) Regulations, 1976 with Regulation 17

UCO Bank Employee Misconduct: Supreme Court Upholds Disciplinary Action Date of the Judgment: February 18, 2022 Citation: 2022 INSC 138 Judges: Justice Ajay Rastogi and Justice Abhay S. Oka Can a bank employee be held responsible for a theft at the branch if they were negligent in their duties? The Supreme Court of India recently

Supreme Court Upholds UCO Bank’s Disciplinary Action Against Assistant Manager in Cash Theft Case (2022) Read Post »

Supreme Court expunges High Court’s observations on tender discrimination: Union of India vs. Bharat Fritz Werner Limited (2022)

/ B.V. Nagarathna, Civil Law, Constitutional Law, Judges, Judicial Restraint, Judicial Review, M.R. Shah, Tender

Supreme Court expunges High Court’s observations on tender discrimination: Union of India vs. Bharat Fritz Werner Limited (2022) LEGAL ISSUE: Whether the High Court can make general observations about discrimination in tender processes without deciding the case on merits. CASE TYPE: Civil Appellate Jurisdiction Case Name: Union of India vs. Bharat Fritz Werner Limited &

Supreme Court expunges High Court’s observations on tender discrimination: Union of India vs. Bharat Fritz Werner Limited (2022) Read Post »

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