Constitutional Law Archives

Supreme Court Upholds Differential Pay for Bihar Teachers Based on Recruitment Method: State of Bihar vs. The Bihar Secondary Teachers Struggle Committee (2019) INSC 4862 (10 May 2019)

May 10, 2019 / Abhay Manohar Sapre, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21A, Education Law, Fundamental Rights, Judges, Right to Education Act, 2009, State Education Policy, Uday Umesh Lalit

Supreme Court Upholds Differential Pay for Bihar Teachers Based on Recruitment Method Date of the Judgment: 10 May 2019 Citation: (2019) INSC 4862 Judges: Abhay Manohar Sapre, J., Uday Umesh Lalit, J. (Majority Opinion by Uday Umesh Lalit, J., Concurring Opinion by Abhay Manohar Sapre, J.) Can teachers who were appointed through local bodies claim […]

Supreme Court Upholds Differential Pay for Bihar Teachers Based on Recruitment Method: State of Bihar vs. The Bihar Secondary Teachers Struggle Committee (2019) INSC 4862 (10 May 2019) Read Post »

Supreme Court Upholds Reimbursement of Sales Tax on Coal Used to Make Coke for Inter-State Sale

May 10, 2019 / Central Sales Tax Act, 1956, Central Sales Tax Act, 1956 with Section 15(b), Constitutional Law, Constitutional Law with Article 286, Declared Goods, Inter-State Trade, Judges, K.M. Joseph, Ranjan Gogoi, Sanjay Kishan Kaul

Supreme Court Upholds Reimbursement of Sales Tax on Coal Used to Make Coke for Inter-State Sale Date of the Judgment: May 10, 2019 Citation: 2019 INSC 458 Judges: Ranjan Gogoi, CJI, Sanjay Kishan Kaul, J., K.M. Joseph, J. Can a state deny a refund of sales tax on raw materials when those materials are transformed

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Supreme Court Upholds Karnataka Reservation Act 2018: B.K. Pavitra II (May 10, 2019)

May 10, 2019 / Consequential Seniority, Constitutional Law, Constitutional Law with Article 16, Constitutional Law with Article 335, Dhananjaya Y Chandrachud, Fundamental Rights, Judges, Reservation in Promotions, Seniority Rules, Service Law, Uday Umesh Lalit

Supreme Court Upholds Reservation Act 2018: B.K. Pavitra II LEGAL ISSUE: Validity of the Karnataka Extension of Consequential Seniority Act, 2018. CASE TYPE: Service Law, Reservation in Promotions. Case Name: B.K. Pavitra and Ors. vs. The Union of India and Ors. Judgment Date: May 10, 2019 Date of the Judgment: May 10, 2019 Citation: Not

Supreme Court Upholds Karnataka Reservation Act 2018: B.K. Pavitra II (May 10, 2019) Read Post »

Supreme Court clarifies the right to representation for wilful defaulters in banking cases (08 May 2019)

May 8, 2019 / Advocates Act, 1961, Advocates Act, 1961 with Section 30, Banking Law, Banking Law with RBI Circulars, Constitutional Law, Constitutional Law with Article 19(1)(g), Fundamental Rights, Judges, R.F. Nariman, Vineet Saran, Wilful Defaulters

Supreme Court Clarifies Rights of Wilful Defaulters: Representation and Procedure LEGAL ISSUE: Whether a person declared a wilful defaulter by the Reserve Bank of India (RBI) is entitled to legal representation during the process. CASE TYPE: Banking Law, specifically concerning wilful defaulters. Case Name: State Bank of India vs. M/s. Jah Developers Pvt. Ltd. &

Supreme Court clarifies the right to representation for wilful defaulters in banking cases (08 May 2019) Read Post »

Supreme Court settles the mandatory requirement of prior approval for termination of teachers in private unaided colleges: Lal Bahadur Gautam vs. State of U.P. (2019) INSC 426 (08 May 2019)

May 8, 2019 / Arun Mishra, Conditions of Service of Teachers, Constitutional Law, Constitutional Law with Article 12, Judges, Navin Sinha, Uttar Pradesh State Universities Act, 1973, Uttar Pradesh State Universities Act, 1973 with Section 35(2)

Supreme Court Upholds Mandatory Prior Approval for Teacher Termination in Private Colleges Date of the Judgment: 08 May 2019 Citation: (2019) INSC 426 Judges: Arun Mishra, J. and Navin Sinha, J. Can a private unaided college terminate a teacher without prior approval from the Vice-Chancellor? The Supreme Court of India addressed this crucial question, emphasizing

Supreme Court settles the mandatory requirement of prior approval for termination of teachers in private unaided colleges: Lal Bahadur Gautam vs. State of U.P. (2019) INSC 426 (08 May 2019) Read Post »

Supreme Court clarifies reservation benefits for migrant Scheduled Tribes in Union Territories: Director Transport Department vs. Abhinav Dipakbhai Patel (2019)

May 7, 2019 / Appointment, Constitutional Law, Constitutional Law with Article 341, Constitutional Law with Article 342, Fundamental Rights, Judges, L. Nageswara Rao, M.R. Shah, Recruitment, Service Law

Supreme Court clarifies reservation benefits for migrant Scheduled Tribes in Union Territories: Director Transport Department vs. Abhinav Dipakbhai Patel (2019) Date of the Judgment: May 7, 2019 Citation: (2019) INSC 463 Judges: L. Nageswara Rao, J., M.R. Shah, J. Can a person belonging to a Scheduled Tribe in one state claim reservation benefits in a

Supreme Court clarifies reservation benefits for migrant Scheduled Tribes in Union Territories: Director Transport Department vs. Abhinav Dipakbhai Patel (2019) Read Post »

Supreme Court Clarifies Promotion Rights After Cadre Restructuring in Orissa Administrative Service Case (2019)

May 6, 2019 / Cadre Restructuring, Constitutional Law, Constitutional Law with Article 309, Indu Malhotra, Judges, Promotion, Service Law, Uday Umesh Lalit, Vested Rights

Supreme Court Clarifies Promotion Rights After Cadre Restructuring in Orissa Administrative Service Case (2019) LEGAL ISSUE: Whether candidates have a vested right to promotion based on recommendations when the cadre is restructured and the original posts are abolished. CASE TYPE: Service Law Case Name: State of Orissa & Anr. vs. Dhirendra Sundar Das & Ors.

Supreme Court Clarifies Promotion Rights After Cadre Restructuring in Orissa Administrative Service Case (2019) Read Post »

Supreme Court clarifies: Haryana C&V Teachers are not automatically TGT for promotions (2019)

May 6, 2019 / Constitutional Law, Constitutional Law with Article 226, Dhananjaya Y. Chandrachud, Haryana School Education Rules, Hemant Gupta, Judges, Promotion Rules, Service Law

Haryana C&V Teachers Not Automatically TGT: Supreme Court Decision on Promotions (2019) LEGAL ISSUE: Whether Classical and Vernacular (C&V) cadre teachers are automatically considered Trained Graduate Teachers (TGT) for promotion purposes. CASE TYPE: Service Law Case Name: State of Haryana and Another vs. Sandeep Singh and Others Judgment Date: May 6, 2019 Introduction Date of

Supreme Court clarifies: Haryana C&V Teachers are not automatically TGT for promotions (2019) Read Post »

Supreme Court grants custody to father in child custody battle: Tejaswini Gaud vs. Shekhar Jagdish Prasad Tewari (2019)

May 6, 2019 / Constitutional Law, Constitutional Law with Article 226, Hindu Minority and Guardianship Act, 1956, Hindu Minority and Guardianship Act, 1956 with Section 13, Hindu Minority and Guardianship Act, 1956 with Section 6, Judges, Natural Guardian, R. Banumathi, R. Subhash Reddy

Supreme Court grants custody to father in child custody battle: Tejaswini Gaud vs. Shekhar Jagdish Prasad Tewari (2019) LEGAL ISSUE: Whether the High Court was right in ordering that the custody of a minor child be handed over to the father in a writ of habeas corpus. CASE TYPE: Child Custody/Habeas Corpus Case Name: Tejaswini

Supreme Court grants custody to father in child custody battle: Tejaswini Gaud vs. Shekhar Jagdish Prasad Tewari (2019) Read Post »

Supreme Court Upholds Stringent Penalties under Pre-Conception and Pre-Natal Diagnostic Techniques Act for Record-Keeping Anomalies: Federation of Obstetrics and Gynecological Societies of India vs. Union of India (2019)

May 3, 2019 / Arun Mishra, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Fundamental Rights, Judges, Offences and Penalties, Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994, Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 with Section 23, Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 with Section 4, Vineet Saran

Supreme Court Upholds Stringent Penalties under Pre-Conception and Pre-Natal Diagnostic Techniques Act for Record-Keeping Anomalies: Federation of Obstetrics and Gynecological Societies of India vs. Union of India (2019) LEGAL ISSUE: Whether stringent penalties for minor clerical errors in record-keeping under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 are constitutional. CASE

Supreme Court Dissolves Marriage by Mutual Consent Under Article 142: Praveen Singh vs. Neelam Singh (2019)

May 1, 2019 / Constitutional Law, Constitutional Law with Article 142, Divorce, Family Law, Judges, R. Banumathi, S. Abdul Nazeer

Supreme Court Dissolves Marriage by Mutual Consent Under Article 142: Praveen Singh vs. Neelam Singh (2019) LEGAL ISSUE: Whether the Supreme Court can dissolve a marriage by mutual consent by exercising its powers under Article 142 of the Constitution of India, even after lower courts have declined to grant a divorce. CASE TYPE: Family Law,

Supreme Court Dissolves Marriage by Mutual Consent Under Article 142: Praveen Singh vs. Neelam Singh (2019) Read Post »

Supreme Court Sets Aside CBI Probe Order in Religious Trust Property Dispute: Shree Shree Ram Janki Ji Asthan Tapovan Mandir vs. State of Jharkhand (2019)

May 1, 2019 / Bihar Hindu Religious Trust Act, 1950, Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 32, Dhananjaya Y. Chandrachud, Hemant Gupta, Judges, Religious Trust Law, Religious Trust Law with Section 28(j), Bihar Hindu Religious Trust Act, 1950, Religious Trust Law with Section 44, Bihar Hindu Religious Trust Act, 1950

Supreme Court Sets Aside CBI Probe Order in Religious Trust Property Dispute LEGAL ISSUE: Whether a High Court can order a CBI investigation into a matter of sale of property of a religious trust, giving rise to a civil dispute. CASE TYPE: Civil Appellate Jurisdiction, Religious Trust Property Dispute. Case Name: Shree Shree Ram Janki

Supreme Court Sets Aside CBI Probe Order in Religious Trust Property Dispute: Shree Shree Ram Janki Ji Asthan Tapovan Mandir vs. State of Jharkhand (2019) Read Post »