Constitutional Law Archives

Supreme Court Upholds Contractual Arbitration Clause: Rajasthan Small Industries Corporation vs. Ganesh Containers (2019)

January 23, 2019 / Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 11, Arbitration Law with Section 12, Constitutional Law, Constitutional Law with Article 142, Indira Banerjee, Judges, R. Banumathi

Supreme Court Upholds Contractual Arbitration Clause: Rajasthan Small Industries Corporation vs. Ganesh Containers (2019) Date of the Judgment: January 23, 2019 Citation: 2019 INSC 65 Judges: R. Banumathi, J. and Indira Banerjee, J. Can a party bypass a pre-agreed arbitration clause and seek the appointment of an independent arbitrator? The Supreme Court of India recently […]

Supreme Court Upholds Contractual Arbitration Clause: Rajasthan Small Industries Corporation vs. Ganesh Containers (2019) Read Post »

Supreme Court Upholds Disability Criteria for Civil Judge Post: V. Surendra Mohan vs. State of Tamil Nadu (22 January 2019)

January 22, 2019 / Ashok Bhushan, Constitutional Law, Constitutional Law with Article 16, Control over Judicial Services, Judges, K.M. Joseph, Persons with Disabilities Act, 1995, Persons with Disabilities Act, 1995 with Section 2, Persons with Disabilities Act, 1995 with Section 33, Reservation for persons with disabilities

Supreme Court Upholds Disability Criteria for Civil Judge Post: V. Surendra Mohan vs. State of Tamil Nadu (2019) LEGAL ISSUE: Whether a person with a disability exceeding the specified limit can be considered for appointment to a post reserved for persons with disabilities. CASE TYPE: Service Law Case Name: V. Surendra Mohan vs. State of

Supreme Court Upholds Disability Criteria for Civil Judge Post: V. Surendra Mohan vs. State of Tamil Nadu (22 January 2019) Read Post »

Supreme Court invalidates NDMC’s Unit Area Method for Property Tax: New Delhi Municipal Council vs. Association of Concerned Citizens of New Delhi (2019) INSC 44 (22 January 2019)

January 22, 2019 / A.K. Sikri, Ashok Bhushan, Constitutional Law, Constitutional Law with Article 14, Judges, New Delhi Municipal Council Act, 1994, New Delhi Municipal Council Act, 1994 with Section 388, New Delhi Municipal Council Act, 1994 with Section 63, Property Tax Assessment

Supreme Court Invalidates NDMC’s Unit Area Method for Property Tax Date of the Judgment: 22 January 2019 Citation: (2019) INSC 44 Judges: A.K. Sikri, J., Ashok Bhushan, J. Can a municipal council bypass the statutory method for calculating property tax by introducing a new system through bye-laws? The Supreme Court of India recently addressed this

Supreme Court invalidates NDMC’s Unit Area Method for Property Tax: New Delhi Municipal Council vs. Association of Concerned Citizens of New Delhi (2019) INSC 44 (22 January 2019) Read Post »

Supreme Court Upholds Differential Tariff Regulations for Power Plants: Reliance Infrastructure Ltd. vs. State of Maharashtra (21 January 2019)

January 21, 2019 / Constitutional Law, Constitutional Law with Article 14, Dhananjaya Y. Chandrachud, Electricity Act 2003, Electricity Act 2003 with Section 181, Electricity Act 2003 with Section 61, Hemant Gupta, Judges, Right to Equality

Supreme Court Upholds Differential Tariff Regulations for Power Plants: Reliance Infrastructure Ltd. vs. State of Maharashtra (2019) LEGAL ISSUE: Whether a state electricity regulatory commission can set different operating norms for power plants based on their past performance, even if they have similar specifications. CASE TYPE: Electricity Tariff Regulation Case Name: Reliance Infrastructure Limited vs.

Supreme Court Upholds Differential Tariff Regulations for Power Plants: Reliance Infrastructure Ltd. vs. State of Maharashtra (21 January 2019) Read Post »

Supreme Court Orders Review of Financial Upgrade and Promotion for CSIR Employee: Anil Kumar vs. Union of India (2019)

January 21, 2019 / Annual Confidential Reports (ACR), Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Dhananjaya Y. Chandrachud, Financial Upgradation, Hemant Gupta, Judges, Natural Justice, Promotion, Service Law

Supreme Court Orders Review of Financial Upgrade and Promotion for CSIR Employee: Anil Kumar vs. Union of India (2019) LEGAL ISSUE: Whether non-communication of Annual Confidential Reports (ACRs) to an employee affects their right to financial upgradation and promotion. CASE TYPE: Service Law Case Name: Anil Kumar vs. Union of India and Ors. Judgment Date:

Supreme Court Orders Review of Financial Upgrade and Promotion for CSIR Employee: Anil Kumar vs. Union of India (2019) Read Post »

Supreme Court Commutes Death Penalty in Rape and Murder Case: Raju Jagdish Paswan vs. State of Maharashtra (2019)

January 17, 2019 / Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 354, Code of Criminal Procedure, 1973 with Section 366, Constitutional Law, Constitutional Law with Article 21, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 376, Judges, L. Nageswara Rao, Offences Against Human Body, R. Subhash Reddy, Right to Life, S.A. Bobde

Supreme Court Commutes Death Penalty in Rape and Murder Case: Raju Jagdish Paswan vs. State of Maharashtra (2019) Date of the Judgment: January 17, 2019 Citation: Raju Jagdish Paswan v. State of Maharashtra, Criminal Appeal Nos. 88-89 of 2019 (Arising out of SLP (Crl.) Nos.5422-5423 of 2013) Judges: S.A. Bobde, J., L. Nageswara Rao, J.,

Supreme Court Commutes Death Penalty in Rape and Murder Case: Raju Jagdish Paswan vs. State of Maharashtra (2019) Read Post »

Supreme Court Upholds Right to Dance, Strikes Down Obscene Dance Restrictions in Maharashtra: Indian Hotel and Restaurant Association vs. State of Maharashtra (2019)

January 17, 2019 / A.K. Sikri, Ashok Bhushan, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 19, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 292, Indian Penal Code, 1860 with Section 294, Judges, Maharashtra Prohibition of Obscene Dance Act, 2016, Maharashtra Prohibition of Obscene Dance Act, 2016 with Section 2(8), Maharashtra Prohibition of Obscene Dance Act, 2016 with Section 6(4), Maharashtra Prohibition of Obscene Dance Act, 2016 with Section 8

Supreme Court Upholds Right to Dance, Strikes Down Obscene Dance Restrictions in Maharashtra: Indian Hotel and Restaurant Association vs. State of Maharashtra (2019) Date of the Judgment: January 17, 2019 Citation: 2019 INSC 28 Judges: A.K. Sikri, J., Ashok Bhushan, J. Can the state impose a complete ban on dance performances in hotels and bars?

Supreme Court Upholds Right to Dance, Strikes Down Obscene Dance Restrictions in Maharashtra: Indian Hotel and Restaurant Association vs. State of Maharashtra (2019) Read Post »

Supreme Court upholds State Policy on compassionate appointment: State of Himachal Pradesh vs. Parkash Chand (2019)

January 17, 2019 / Compassionate Appointment, Constitutional Law, Constitutional Law with Article 226, Dhananjaya Y. Chandrachud, Hemant Gupta, Judges, Service Law

Supreme Court Upholds State Policy on Compassionate Appointment: State of Himachal Pradesh vs. Parkash Chand (2019) LEGAL ISSUE: Whether a dependent of a deceased government employee is entitled to compassionate appointment if another family member is already employed by the State, even if they live separately. CASE TYPE: Service Law Case Name: State of Himachal

Supreme Court upholds State Policy on compassionate appointment: State of Himachal Pradesh vs. Parkash Chand (2019) Read Post »

Supreme Court Denies Appointment Rights Based on Cancelled 1999 Lineman Selection: State of Manipur vs. Takhelmayum Khelendro Meitei (2019)

January 17, 2019 / Appointment, Cancellation of Selection, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Judges, L. Nageswara Rao, R. Subhash Reddy, Recruitment, S.A. Bobde, Service Law

Supreme Court Denies Appointment Rights Based on Cancelled 1999 Lineman Selection: State of Manipur vs. Takhelmayum Khelendro Meitei (2019) Date of the Judgment: January 17, 2019 Citation: (2019) INSC 34 Judges: S.A. Bobde, J., L. Nageswara Rao, J., R. Subhash Reddy, J. Can a candidate claim a right to appointment based on a selection process

Supreme Court Denies Appointment Rights Based on Cancelled 1999 Lineman Selection: State of Manipur vs. Takhelmayum Khelendro Meitei (2019) Read Post »

Supreme Court upholds acquittal in triple murder and robbery case: Ashish Jain vs. Makrand Singh (2019)

January 14, 2019 / Constitutional Law, Constitutional Law with Article 20(3), Identification of Prisoners Act, 1920, Identification of Prisoners Act, 1920 with Section 4, Identification of Prisoners Act, 1920 with Section 5, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 27, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 394, Indian Penal Code, 1860 with Section 449, Judges, Mohan M. Shantanagoudar, N.V. Ramana

Supreme Court upholds acquittal in triple murder and robbery case: Ashish Jain vs. Makrand Singh (2019) LEGAL ISSUE: Whether the High Court was correct in acquitting the accused based on circumstantial evidence in a case of triple murder and robbery. CASE TYPE: Criminal Case Name: Ashish Jain vs. Makrand Singh and Ors. Judgment Date: 14

Supreme Court upholds acquittal in triple murder and robbery case: Ashish Jain vs. Makrand Singh (2019) Read Post »

Supreme Court settles promotion rules in Assam Rifles: Union of India vs. Krishna Kumar (2019)

January 14, 2019 / Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Dhananjaya Y. Chandrachud, Fundamental Rights, Hemant Gupta, Judges, Promotion, Recruitment Rules, Service Law, Service Law with Vested Right

Supreme Court clarifies promotion rules in Assam Rifles: Union of India vs. Krishna Kumar (2019) LEGAL ISSUE: Whether promotions should be based on rules existing when vacancies arise or when the promotion is considered. CASE TYPE: Service Law Case Name: Union of India & Ors. vs. Krishna Kumar & Ors. [Judgment Date]: 14 January 2019

Supreme Court settles promotion rules in Assam Rifles: Union of India vs. Krishna Kumar (2019) Read Post »

Supreme Court Denies Pay Parity for Sub Fire Officers: Punjab State Electricity Board vs. Thana Singh (2019)

January 8, 2019 / Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 39(d), Fundamental Rights, Indira Banerjee, Judges, Pay Parity, R. Banumathi, Service Law

Supreme Court Denies Pay Parity for Sub Fire Officers: Punjab State Electricity Board vs. Thana Singh (2019) LEGAL ISSUE: Whether Sub Fire Officers are entitled to the same pay scale as other employees within the same group, specifically Head Clerks, Head Clerk-cum-Divisional Accountants, and Internal Auditors. CASE TYPE: Service Law Case Name: Punjab State Electricity

Supreme Court Denies Pay Parity for Sub Fire Officers: Punjab State Electricity Board vs. Thana Singh (2019) Read Post »