Constitutional Law Archives

Supreme Court Orders Completion of Amrapali Group Projects, Protecting Homebuyers: Bikram Chatterji & Ors. vs. Union of India & Ors. (2019)

July 23, 2019 / Arun Mishra, Constitutional Law, Constitutional Law with Article 21, Constitutional Law with Article 32, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 12(1)(c), Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 53, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Real Estate (Regulation and Development) Act, 2016, Real Estate (Regulation and Development) Act, 2016 with Section 11(4), Real Estate (Regulation and Development) Act, 2016 with Section 4(2)(l)(D), Real Estate (Regulation and Development) Act, 2016 with Section 8, Uday Umesh Lalit

Amrapali Group Homebuyers Win Relief: Supreme Court Orders Project Completion LEGAL ISSUE: Protection of homebuyers’ rights and completion of stalled real estate projects. CASE TYPE: Real Estate/Consumer Law. Case Name: Bikram Chatterji & Ors. vs. Union of India & Ors. [Judgment Date]: 23 July 2019 Date of the Judgment: 23 July 2019 Citation: Not Available […]

Supreme Court Orders Completion of Amrapali Group Projects, Protecting Homebuyers: Bikram Chatterji & Ors. vs. Union of India & Ors. (2019) Read Post »

Supreme Court Overturns NCDRC Order in Housing Allotment Dispute: Rajasthan Housing Board vs. Ratan Devi (22 July 2019)

July 22, 2019 / Constitutional Law, Constitutional Law with Article 142, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Limitation Period, Dhananjaya Y Chandrachud, Indira Banerjee, Judges, Limitation Period

Supreme Court Overturns NCDRC Order in Housing Allotment Dispute: Rajasthan Housing Board vs. Ratan Devi (2019) LEGAL ISSUE: Whether a consumer complaint filed after a significant delay can be entertained, particularly when the allottee failed to pay the balance amount for a housing unit within the stipulated time. CASE TYPE: Consumer Law Case Name: Rajasthan

Supreme Court Overturns NCDRC Order in Housing Allotment Dispute: Rajasthan Housing Board vs. Ratan Devi (22 July 2019) Read Post »

Supreme Court Upholds State’s Policy on Tripura Medical College: Dr. Ashok Sinha vs. State of Tripura (2019)

July 19, 2019 / Constitutional Law, Constitutional Law with Article 226, Dhananjaya Y Chandrachud, Education Law, Indira Banerjee, Judges, Medical Education, Policy Decisions, Public Interest Litigation

Supreme Court Upholds State’s Policy on Tripura Medical College: Dr. Ashok Sinha vs. State of Tripura (2019) LEGAL ISSUE: Whether the State government can be directed to take over the administration of a medical college or if the State can retain administrative oversight through a society. CASE TYPE: Public Interest Litigation/Education Law Case Name: Dr.

Supreme Court Upholds State’s Policy on Tripura Medical College: Dr. Ashok Sinha vs. State of Tripura (2019) Read Post »

Supreme Court Upholds Recruitment Process for Assistant Motor Vehicle Inspectors: Vishal Ashok Thorat vs. Rajesh Shrirambapu Fate (2019)

July 19, 2019 / Ashok Bhushan, Constitutional Law, Constitutional Law with Article 309, Judges, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 213(4), Navin Sinha

Supreme Court Upholds Recruitment Process for Assistant Motor Vehicle Inspectors: Vishal Ashok Thorat vs. Rajesh Shrirambapu Fate (2019) LEGAL ISSUE: Whether the High Court can interfere with a select list of candidates when the challenge to the advertisement is not allowed. CASE TYPE: Service Law Case Name: Vishal Ashok Thorat & Ors. vs. Rajesh Shrirambapu

Supreme Court Upholds Recruitment Process for Assistant Motor Vehicle Inspectors: Vishal Ashok Thorat vs. Rajesh Shrirambapu Fate (2019) Read Post »

Supreme Court Clarifies Service of Documents in COFEPOSA Detentions: Union of India vs. Dimple Happy Dhakad (2019)

July 18, 2019 / A.S. Bopanna, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 with Section 3, Constitutional Law, Constitutional Law with Article 22(5), Fundamental Rights, Judges, Preventive Detention, R. Banumathi

Supreme Court Clarifies Service of Documents in COFEPOSA Detentions: Union of India vs. Dimple Happy Dhakad (2019) LEGAL ISSUE: Whether the relied upon documents must be served simultaneously with the detention order and grounds of detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). CASE TYPE: Preventive Detention Law

Supreme Court Clarifies Service of Documents in COFEPOSA Detentions: Union of India vs. Dimple Happy Dhakad (2019) Read Post »

Supreme Court clarifies procedure in disciplinary actions: State Bank of India vs. Mohammad Badruddin (2019)

July 16, 2019 / Constitutional Law, Constitutional Law with Article 311, Disciplinary Proceedings, Hemant Gupta, Judges, L. Nageswara Rao, Natural Justice, Service Law, State Bank of India (Supervising Staff) Service Rules

Supreme Court on Disciplinary Proceedings: SBI vs. Mohammad Badruddin (2019) LEGAL ISSUE: Whether the non-communication of disagreement with the Inquiry Officer’s report and consideration of past punishments without notice vitiates disciplinary proceedings. CASE TYPE: Service Law (Disciplinary Proceedings) Case Name: State Bank of India & Ors. vs. Mohammad Badruddin Judgment Date: 16 July 2019 Introduction

Supreme Court clarifies procedure in disciplinary actions: State Bank of India vs. Mohammad Badruddin (2019) Read Post »

Supreme Court clarifies reservation policy for ship recycling plots: R.K. Industries vs. S.C./S.T. Shipbreakers Association (2019)

July 16, 2019 / Constitutional Law, Judges, R.F. Nariman, Regulations, Regulations with Clause 5.4, Reservation Policy, Sanjiv Khanna, Ship Recycling Regulations, Surya Kant

Supreme Court clarifies reservation policy for ship recycling plots: R.K. Industries vs. S.C./S.T. Shipbreakers Association (2019) Date of the Judgment: July 16, 2019 Citation: 2019 INSC 717 Judges: R. F. Nariman, J., Sanjiv Khanna, J., Surya Kant, J. Can the reservation of plots for Scheduled Castes (SC) and Scheduled Tribes (ST) for ship recycling be

Supreme Court clarifies reservation policy for ship recycling plots: R.K. Industries vs. S.C./S.T. Shipbreakers Association (2019) Read Post »

Supreme Court Invalidates Differential Pension Based on Cut-off Date: All Manipur Pensioners Association vs. State of Manipur (2019)

July 11, 2019 / A.S. Bopanna, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Judges, M.R. Shah, Pension Law, Service Law

Supreme Court Invalidates Differential Pension Based on Cut-off Date: All Manipur Pensioners Association vs. State of Manipur (2019) LEGAL ISSUE: Whether a cut-off date can be used to create two classes of pensioners for differential pension benefits, violating Article 14 of the Constitution of India. CASE TYPE: Service Law/Pension Law Case Name: All Manipur Pensioners

Supreme Court Invalidates Differential Pension Based on Cut-off Date: All Manipur Pensioners Association vs. State of Manipur (2019) Read Post »

Supreme Court Resolves Allotment of Market Gala: Hande Wavare & Co. vs. Ramchandra Vitthal Dongre (2019)

July 10, 2019 / Constitutional Law, Constitutional Law with Article 14, Contract Act, Contract Act with Transfer of booking amount, Judges, R. Banumathi, R. Subhash Reddy, Specific Performance

Supreme Court Resolves Allotment of Market Gala: Hande Wavare & Co. vs. Ramchandra Vitthal Dongre (2019) LEGAL ISSUE: Whether a person can claim allotment of a market gala based on a transfer of booking amount from another person, and the process for allotting market galas when multiple claimants are eligible. CASE TYPE: Civil – Market

Supreme Court Resolves Allotment of Market Gala: Hande Wavare & Co. vs. Ramchandra Vitthal Dongre (2019) Read Post »

Supreme Court Orders Disclosure of APAR Entries for Promotion Consideration: Pankaj Prakash vs. United India Insurance Co Ltd (2019)

July 10, 2019 / Annual Performance Appraisal Report (APAR), Constitutional Law, Constitutional Law with Article 226, Dhananjaya Y Chandrachud, Indira Banerjee, Judges, Promotion, Service Law, Service Law with APAR

Supreme Court Orders Disclosure of APAR Entries for Promotion Consideration: Pankaj Prakash vs. United India Insurance Co Ltd (2019) LEGAL ISSUE: Whether non-communication of Annual Performance Appraisal Report (APAR) entries to an employee affects their promotion prospects. CASE TYPE: Service Law Case Name: Pankaj Prakash vs. United India Insurance Co Ltd & Anr [Judgment Date]:

Supreme Court Orders Disclosure of APAR Entries for Promotion Consideration: Pankaj Prakash vs. United India Insurance Co Ltd (2019) Read Post »

Supreme Court Clarifies Status of Private School Management Committees Under Article 12: Trigun Chand Thakur vs. State of Bihar (2019)

July 9, 2019 / A.S. Bopanna, Constitutional Law, Constitutional Law with Article 12, Constitutional Law with Article 226, Judges, R. Banumathi, Service Law, Termination of Service

Supreme Court Clarifies Status of Private School Management Committees Under Article 12: Trigun Chand Thakur vs. State of Bihar (2019) LEGAL ISSUE: Whether a management committee of a private school is considered “State” under Article 12 of the Constitution of India. CASE TYPE: Service Law Case Name: Trigun Chand Thakur vs. State of Bihar &

Supreme Court Clarifies Status of Private School Management Committees Under Article 12: Trigun Chand Thakur vs. State of Bihar (2019) Read Post »

Supreme Court Overturns High Court Order in Dowry Death Case: Vishnu Kumar Tiwari vs. State of Uttar Pradesh (2019)

July 9, 2019 / Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 190, Code of Criminal Procedure, 1973 with Section 200, Code of Criminal Procedure, 1973 with Section 202, Constitutional Law, Constitutional Law with Article 226, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 304B, Indian Penal Code, 1860 with Section 498A, Judges, K.M. Joseph, Offences Against Human Body, Sanjay Kishan Kaul

Supreme Court Overturns High Court Order in Dowry Death Case: Vishnu Kumar Tiwari vs. State of Uttar Pradesh (2019) LEGAL ISSUE: Whether a Magistrate is bound to treat a protest petition as a complaint and follow the procedure under Section 200 and 202 of the Code of Criminal Procedure, 1973, when disagreeing with a police

Supreme Court Overturns High Court Order in Dowry Death Case: Vishnu Kumar Tiwari vs. State of Uttar Pradesh (2019) Read Post »