Constitutional Law

Supreme Court Upholds State’s Power to Regulate Liquor Licenses: International Spirits and Wines Association of India vs. State of Haryana (2019)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 19(6), Delegation of Powers, Judges, K.M. Joseph, Navin Sinha, Punjab Excise Act, 1914, Punjab Excise Act, 1914 with Section 58, Punjab Excise Act, 1914 with Section 59, Ranjan Gogoi

Supreme Court Upholds State’s Power to Regulate Liquor Licenses: International Spirits and Wines Association of India vs. State of Haryana (2019) LEGAL ISSUE: Whether the Financial Commissioner of Haryana has the power to issue a single liquor license for the entire state, or if that power is exclusively reserved for the State Government. CASE TYPE: […]

Supreme Court Upholds State’s Power to Regulate Liquor Licenses: International Spirits and Wines Association of India vs. State of Haryana (2019) Read Post »

Supreme Court clarifies allowance parity for Indian Military Personnel in Bhutan: Union of India vs. Captain Gurdev Singh (2019) INSC 79 (11 February 2019)

/ Allowances, Classification, Constitutional Law, Constitutional Law with Article 14, Judges, Mohan M. Shantanagoudar, N.V. Ramana, Service Law, Service Law with Indian Foreign Service (Pay, Leave, Compensatory Allowance and other Conditions of Service) Rules, 1981

Supreme Court clarifies allowance parity for Indian Military Personnel in Bhutan Date of the Judgment: 11 February 2019 Citation: (2019) INSC 79 Judges: N.V. Ramana, J., Mohan M. Shantanagoudar, J. The Supreme Court of India addressed the question of whether the Bhutan Compensatory Allowance (BCA) paid to Indian Military Training Team (IMTRAT) personnel in Bhutan

Supreme Court clarifies allowance parity for Indian Military Personnel in Bhutan: Union of India vs. Captain Gurdev Singh (2019) INSC 79 (11 February 2019) Read Post »

Supreme Court Upholds Minimum Sentence Under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act: State of Madhya Pradesh vs. Vikram Das (8 February 2019)

/ Constitutional Law, Constitutional Law with Article 142, Dhananjaya Y. Chandrachud, Hemant Gupta, Judges, Minimum Sentence, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 with Section 3(1)(xi)

Supreme Court Upholds Minimum Sentence Under SC/ST Act: State of Madhya Pradesh vs. Vikram Das (2019) Date of the Judgment: 8 February 2019 Citation: 2019 INSC 100 Judges: Dr. Dhananjaya Y. Chandrachud, J. and Hemant Gupta, J. Can a High Court reduce a sentence below the minimum prescribed by law? The Supreme Court of India

Supreme Court Upholds Minimum Sentence Under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act: State of Madhya Pradesh vs. Vikram Das (8 February 2019) Read Post »

Supreme Court directs Election Commission to Reconsider Symbol Allocation for TTV Dhinakaran Group in ongoing political dispute (7 February 2019)

/ A.M. Khanwilkar, Ajay Rastogi, Constitutional Law, Constitutional Law with Article 324, Election Law, Election Law with Election Symbols (Reservation and Allotment) Order, 1968, Election Symbols, Judges

Supreme Court Directs Election Commission to Reconsider Symbol Allocation for TTV Dhinakaran Group Date of the Judgment: 7 February 2019 Judges: A.M. Khanwilkar, J. and Ajay Rastogi, J. Can a political faction that is currently in dispute over the legitimate use of a party’s name and symbol be granted an interim common symbol for elections?

Supreme Court directs Election Commission to Reconsider Symbol Allocation for TTV Dhinakaran Group in ongoing political dispute (7 February 2019) Read Post »

Supreme Court Upholds Conviction in Cheque Dishonor Case: Bir Singh vs. Mukesh Kumar (2019)

/ Constitutional Law, Constitutional Law with Article 141, Indira Banerjee, Judges, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 139, R. Banumathi

Supreme Court Upholds Conviction in Cheque Dishonor Case: Bir Singh vs. Mukesh Kumar (2019) LEGAL ISSUE: Whether the presumption under Section 139 of the Negotiable Instruments Act, 1881, that a cheque was issued in discharge of a debt or liability, can be rebutted solely based on a fiduciary relationship between the payee and the drawer

Supreme Court Upholds Conviction in Cheque Dishonor Case: Bir Singh vs. Mukesh Kumar (2019) Read Post »

Supreme Court Upholds No Re-evaluation Rule in Tripura Judicial Service Exam: High Court of Tripura vs. Tirtha Sarathi Mukherjee (2019)

/ Ashok Bhushan, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XVII Rule 1, Constitutional Law, Constitutional Law with Article 226, Judges, K.M. Joseph, Re-evaluation, Recruitment, Service Law

Supreme Court Upholds No Re-evaluation Rule in Tripura Judicial Service Exam: High Court of Tripura vs. Tirtha Sarathi Mukherjee (2019) LEGAL ISSUE: Whether a High Court can order re-evaluation of answer sheets when the rules governing the examination do not provide for it. CASE TYPE: Service Law Case Name: High Court of Tripura Through The

Supreme Court Upholds No Re-evaluation Rule in Tripura Judicial Service Exam: High Court of Tripura vs. Tirtha Sarathi Mukherjee (2019) Read Post »

Supreme Court Restores Appeal Dismissed in Default: Mysore Urban Development Authority vs. S.S. Sarvesh (2019) INSC 66

/ Abhay Manohar Sapre, Appeals, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order 41 Rule 19, Civil Procedure Code, 1908 with Order 43 Rule 1(t), Constitutional Law, Constitutional Law with Article 227, Dinesh Maheshwari, Judges

Supreme Court Restores Appeal Dismissed in Default: Mysore Urban Development Authority vs. S.S. Sarvesh LEGAL ISSUE: Whether an appeal dismissed for default can be restored if sufficient cause is shown. CASE TYPE: Civil Appeal Case Name: The Commissioner, Mysore Urban Development Authority vs. S.S. Sarvesh Judgment Date: 05 February 2019 Date of the Judgment: 05

Supreme Court Restores Appeal Dismissed in Default: Mysore Urban Development Authority vs. S.S. Sarvesh (2019) INSC 66 Read Post »

Supreme Court Upholds Haj Policy: Federation Haj PTOs vs. Union of India (2019)

/ A.K. Sikri, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Government Policy, Judges, Judicial Review, M.R. Shah, Regulatory Policy, S. Abdul Nazeer

Supreme Court Upholds Haj Policy: Federation Haj PTOs vs. Union of India (2019) LEGAL ISSUE: Examining the validity of the Government’s Haj Policy concerning the eligibility criteria for Private Tour Operators (PTOs). CASE TYPE: Public Interest Litigation, Regulatory Policy. Case Name: Federation Haj PTOs of India vs. Union of India [Judgment Date]: 04 February 2019

Supreme Court Upholds Haj Policy: Federation Haj PTOs vs. Union of India (2019) Read Post »

Supreme Court Upholds Dismissal of Review in Land Ceiling Case: Asharfi Devi vs. State of U.P. (2019)

/ Abhay Manohar Sapre, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 47 Rule 1, Constitutional Law, Constitutional Law with Article 142, Dinesh Maheshwari, Judges

Supreme Court Upholds Dismissal of Review in Land Ceiling Case: Asharfi Devi vs. State of U.P. (2019) LEGAL ISSUE: Whether the High Court was correct in dismissing a review application for not finding an error apparent on the face of the record. CASE TYPE: Land Ceiling, Civil Review Case Name: Asharfi Devi (D) THR. LRs.

Supreme Court Upholds Dismissal of Review in Land Ceiling Case: Asharfi Devi vs. State of U.P. (2019) Read Post »

Supreme Court Upholds Dismissal of Writ Petition in Family Property Dispute: N. Sankaranarayanan vs. Tamil Nadu Housing Board (2019)

/ Abhay Manohar Sapre, Civil Law, Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 227, Dinesh Maheshwari, Judges, Property Disputes

Supreme Court Upholds Dismissal of Writ Petition in Family Property Dispute: N. Sankaranarayanan vs. Tamil Nadu Housing Board (2019) LEGAL ISSUE: Whether a writ petition is maintainable for resolving private property disputes between family members. CASE TYPE: Civil Case Name: N. Sankaranarayanan vs. The Chairman, Tamil Nadu Housing Board & Ors. Judgment Date: 31 January

Supreme Court Upholds Dismissal of Writ Petition in Family Property Dispute: N. Sankaranarayanan vs. Tamil Nadu Housing Board (2019) Read Post »

Supreme Court Upholds Age Limits for Higher Judicial Service: Hirandra Kumar vs. Allahabad High Court (29 January 2019)

/ Age Limits, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Dhananjaya Y Chandrachud, Fundamental Rights, Hemant Gupta, Judges, Recruitment Rules, Service Law

Supreme Court Upholds Age Limits for Higher Judicial Service: Hirandra Kumar vs. Allahabad High Court (2019) LEGAL ISSUE: Whether the age criteria and recruitment timelines set by the Uttar Pradesh Higher Judicial Service Rules, 1975 are constitutionally valid. CASE TYPE: Service Law Case Name: Hirandra Kumar vs. High Court of Judicature at Allahabad & Anr.

Supreme Court Upholds Age Limits for Higher Judicial Service: Hirandra Kumar vs. Allahabad High Court (29 January 2019) Read Post »

Supreme Court Upholds Key Provisions of Insolvency and Bankruptcy Code, 2016 in Swiss Ribbons Pvt. Ltd. vs. Union of India (25 January 2019)

/ Companies Act, 2013, Companies Act, 2013 with Section 412, Constitutional Law, Constitutional Law with Article 14, Corporate Insolvency Resolution Process, Fundamental Rights, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 12A, Insolvency and Bankruptcy Code, 2016 with Section 29A, Judges, Navin Sinha, R.F. Nariman

Supreme Court Upholds Key Provisions of Insolvency and Bankruptcy Code, 2016 Date of the Judgment: 25 January 2019 Citation: (2019) ibclaw.in 03 SC Judges: Justice R.F. Nariman and Justice Navin Sinha Is the Insolvency and Bankruptcy Code, 2016 (IBC) a constitutionally valid law? The Supreme Court of India recently addressed this critical question in a

Supreme Court Upholds Key Provisions of Insolvency and Bankruptcy Code, 2016 in Swiss Ribbons Pvt. Ltd. vs. Union of India (25 January 2019) Read Post »

Scroll to Top