Constitutional Law

Supreme Court Strikes Down Preferential Land Allotment Policy for Elites: State of Andhra Pradesh vs. Dr. Rao, V.B.J. Chelikani (25 November 2024)

/ Andhra Pradesh (Telangana Area) Alienation of State Lands & Land Revenue Rules, 1975, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Land Allotment, Land Laws

Supreme Court Strikes Down Preferential Land Allotment Policy for Elites Date of the Judgment: 25 November 2024 Citation: 2024 INSC 894 Judges: Sanjiv Khanna, CJI., Dipankar Datta, J. Can a government allot public land at discounted rates to its own functionaries? The Supreme Court of India recently addressed this question, examining the legality of a […]

Supreme Court Strikes Down Preferential Land Allotment Policy for Elites: State of Andhra Pradesh vs. Dr. Rao, V.B.J. Chelikani (25 November 2024) Read Post »

Supreme Court Upholds Insertion of ‘Socialist’ and ‘Secular’ in Preamble: Dr. Balram Singh vs. Union of India (25 November 2024)

/ Constitution of India, Constitution of India with Article 14, Constitution of India with Article 25, Constitution of India with Article 368, Constitutional Law, Constitutional Law with Article 368, Fundamental Rights, Preamble of the Constitution

Supreme Court Upholds Insertion of ‘Socialist’ and ‘Secular’ in Preamble: Dr. Balram Singh vs. Union of India (2024) LEGAL ISSUE: Whether the insertion of the words ‘socialist’ and ‘secular’ in the Preamble to the Constitution of India by the Constitution (Forty-second Amendment) Act, 1976 is valid. CASE TYPE: Constitutional Law Case Name: Dr. Balram Singh

Supreme Court Upholds Insertion of ‘Socialist’ and ‘Secular’ in Preamble: Dr. Balram Singh vs. Union of India (25 November 2024) Read Post »

Supreme Court Clarifies Applicability of Central Law over State Law in Property Disputes: Naeem Bano vs. Mohammad Rahees (2024)

/ Concurrent List, Constitutional Law, Constitutional Law with Article 254, Lease Agreements, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 106

Supreme Court Clarifies Applicability of Central Law over State Law in Property Disputes: Naeem Bano vs. Mohammad Rahees (2024) LEGAL ISSUE: Whether a state amendment to a central law is valid when the Parliament has subsequently amended the same law. CASE TYPE: Civil (Property Law) Case Name: Naeem Bano Alias Gaindo vs. Mohammad Rahees &

Supreme Court Clarifies Applicability of Central Law over State Law in Property Disputes: Naeem Bano vs. Mohammad Rahees (2024) Read Post »

Supreme Court allows counting of work-charged service for Proficiency Step-Up Scheme: Gurmeet Singh vs. State of Punjab (2024)

/ Constitutional Law, Constitutional Law with Article 14, Service Law, Service Law with Government Circular dated 1st December, 1988, Service Law with Policy Circular dated 13th March, 1996, Work-Charged Employees

Supreme Court Allows Counting of Work-Charged Service for Proficiency Step-Up Scheme: Gurmeet Singh vs. State of Punjab (2024) Date of the Judgment: November 18, 2024 Citation: 2024 INSC 872 Judges: Pamidighantam Sri Narasimha, J., Sandeep Mehta, J. Can prior service in a work-charged establishment be counted towards benefits under the Proficiency Step-Up Scheme? The Supreme

Supreme Court allows counting of work-charged service for Proficiency Step-Up Scheme: Gurmeet Singh vs. State of Punjab (2024) Read Post »

Supreme Court quashes penalty for lack of evidence in disciplinary proceedings: Satyendra Singh vs. State of Uttar Pradesh (2024)

/ Constitutional Law, Constitutional Law with Article 226, Disciplinary Proceedings, Major Penalty, Natural Justice, Service Law, Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999, Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999 with Rule 37, Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999 with Rule 7

Supreme Court quashes penalty for lack of evidence in disciplinary proceedings: Satyendra Singh vs. State of Uttar Pradesh (2024) Date of the Judgment: 18 November 2024 Citation: 2024 INSC 873 Judges: Pamidighantam Sri Narasimha, J. and Sandeep Mehta, J. Can a disciplinary authority impose a major penalty on a government servant without recording any oral

Supreme Court quashes penalty for lack of evidence in disciplinary proceedings: Satyendra Singh vs. State of Uttar Pradesh (2024) Read Post »

Supreme Court sets guidelines for property demolitions in criminal cases: In Re: Directions in the matter of demolition of structures (2024) INSC 866 (13 November 2024)

/ Administrative Law, Constitutional Law, Constitutional Law with Article 21, Constitutional Law with Article 32, Doctrine of Public Trust, Fundamental Rights, Natural Justice, Rule of Law

Supreme Court Guidelines on Property Demolitions in Criminal Cases (2024) Date of the Judgment: 13 November 2024 Citation: 2024 INSC 866 Judges: B.R. Gavai, J. and K.V. Viswanathan, J. Can the government demolish the homes of people accused of crimes? The Supreme Court of India recently addressed this crucial question, emphasizing the importance of due

Supreme Court sets guidelines for property demolitions in criminal cases: In Re: Directions in the matter of demolition of structures (2024) INSC 866 (13 November 2024) Read Post »

Compassionate Appointment Denied, but Ex-Gratia Relief Granted: Supreme Court Decision in Haryana Police Case (2024)

/ Compassionate Appointment, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Service Law, Service Law with Haryana Compassionate Assistance Rules, 2006

Supreme Court Denies Compassionate Appointment but Grants Ex-Gratia Relief in Haryana Police Case (2024) LEGAL ISSUE: Whether a dependent of a deceased government employee is entitled to compassionate appointment after a significant delay in attaining majority, and whether the state can be directed to grant ex-gratia compensation if the compassionate appointment is denied. CASE TYPE:

Compassionate Appointment Denied, but Ex-Gratia Relief Granted: Supreme Court Decision in Haryana Police Case (2024) Read Post »

Supreme Court Clarifies Minority Educational Institution Criteria in Landmark Judgment: Aligarh Muslim University Case (2024)

/ Constitutional Law, Constitutional Law with Article 30, Education Law, Education Law with Societies Registration Act 1860, Fundamental Rights, Minority Educational Institutions

Supreme Court Clarifies Minority Educational Institution Criteria in Landmark Judgment: Aligarh Muslim University Case (2024) LEGAL ISSUE: Criteria for determining minority educational institution status under Article 30(1) of the Constitution. CASE TYPE: Constitutional Law, Education Law. Case Name: Aligarh Muslim University v. Naresh Agarwal & Ors. [Judgment Date]: 8 November 2024 Introduction Date of the

Supreme Court Clarifies Minority Educational Institution Criteria in Landmark Judgment: Aligarh Muslim University Case (2024) Read Post »

Supreme Court Mandates Mandatory Accessibility Rules for Persons with Disabilities: Rajive Raturi vs. Union of India (2024) INSC 858 (8 November 2024)

/ Accessibility Standards, Constitutional Law, Constitutional Law with Article 21, Fundamental Rights, Rights of Persons with Disabilities Act, 2016, Rights of Persons with Disabilities Act, 2016 with Section 40, Rights of Persons with Disabilities Act, 2016 with Section 44

Supreme Court Mandates Mandatory Accessibility Rules for Persons with Disabilities Date of the Judgment: 8 November 2024 Citation: 2024 INSC 858 Judges: Dr Dhananjaya Y Chandrachud, CJI, J. B. Pardiwala, J, Manoj Misra, J Can guidelines alone ensure accessibility for persons with disabilities, or are mandatory rules necessary? The Supreme Court of India recently addressed

Supreme Court Mandates Mandatory Accessibility Rules for Persons with Disabilities: Rajive Raturi vs. Union of India (2024) INSC 858 (8 November 2024) Read Post »

Supreme Court Settles the Independence of Arbitrators in Public-Private Contracts (2024)

/ Appointment of Arbitrators, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 12, Arbitration and Conciliation Act, 1996 with Section 18, Constitutional Law, Constitutional Law with Article 14, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 23, Indian Contract Act, 1872 with Section 28

Supreme Court Clarifies Independence of Arbitrators in Public-Private Contracts (2024) LEGAL ISSUE: Whether an appointment process which allows a party who has an interest in the dispute to unilaterally appoint a sole arbitrator or curate a panel of arbitrators is valid in law. CASE TYPE: Arbitration Law Case Name: Central Organisation for Railway Electrification v.

Supreme Court Settles the Independence of Arbitrators in Public-Private Contracts (2024) Read Post »

Supreme Court Settles the Law on Unilateral Appointment of Arbitrators in Public-Private Contracts: Central Organisation for Railway Electrification vs. ECI-SPIC-SMO-MCML (2024) INSC 857 (08 November 2024)

/ Arbitration Law, Arbitration Law with Section 12(5), Arbitration Law with Section 18, Arbitrator Appointment, Constitutional Law, Constitutional Law with Article 14, Contract Law, Contract Law with Section 23

Supreme Court Clarifies Independence of Arbitrators in Public-Private Contracts (2024) INSC 857 LEGAL ISSUE: Whether an arbitration clause allowing one party to unilaterally appoint an arbitrator is valid. CASE TYPE: Arbitration Law, Contract Law, Public-Private Contracts CASE NAME: Central Organisation for Railway Electrification vs. M/s ECI SPIC SMO MCML (JV) [Judgment Date]: 08 November 2024

Supreme Court Settles the Law on Unilateral Appointment of Arbitrators in Public-Private Contracts: Central Organisation for Railway Electrification vs. ECI-SPIC-SMO-MCML (2024) INSC 857 (08 November 2024) Read Post »

Supreme Court Clarifies Powers of DRI Officers in Customs Duty Recovery: Commissioner of Customs vs. Canon India Pvt. Ltd. (2024)

/ Constitutional Law, Constitutional Law with Article 14, Customs Act, 1962, Customs Act, 1962 with Section 2(34), Customs Act, 1962 with Section 28, Powers of Customs Officers

Supreme Court Clarifies Powers of DRI Officers in Customs Duty Recovery: Commissioner of Customs vs. Canon India Pvt. Ltd. (2024) LEGAL ISSUE: Scope of authority of Directorate of Revenue Intelligence (DRI) officers to issue show cause notices for customs duty recovery. CASE TYPE: Customs Law, Tax Law Case Name: Commissioner of Customs vs. M/s Canon

Supreme Court Clarifies Powers of DRI Officers in Customs Duty Recovery: Commissioner of Customs vs. Canon India Pvt. Ltd. (2024) Read Post »

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