Constitutional Law

Supreme Court clarifies safeguards against misuse of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in service matters (20 March 2018)

/ Adarsh Kumar Goel, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 41, Code of Criminal Procedure, 1973 with Section 438, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 182, Indian Penal Code, 1860 with Section 193, Judges, Offences Against Public Justice, Offences under the Atrocities Act, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 with Section 18, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 with Section 3(1)(ix), Uday Umesh Lalit

Supreme Court Clarifies Safeguards Against Misuse of the Atrocities Act LEGAL ISSUE: Safeguards against misuse of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. CASE TYPE: Criminal Law, Service Law Case Name: Dr. Subhash Kashinath Mahajan vs. The State of Maharashtra and Anr. [Judgment Date]: 20 March 2018 Can a public servant […]

Supreme Court clarifies safeguards against misuse of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in service matters (20 March 2018) Read Post »

Supreme Court Intervenes on Construction Workers’ Welfare: A National Disgrace Uncovered

/ Building and Other Construction Workers Act, 1996, Building and Other Construction Workers’ Welfare Cess Act, 1996, Constitutional Law, Constitutional Law with Article 21, Constitutional Law with Article 39, Deepak Gupta, Fundamental Rights, Judges, Labour Law, Madan B. Lokur

Supreme Court Intervenes on Construction Workers’ Welfare: A National Disgrace Uncovered LEGAL ISSUE: Implementation of welfare measures for construction workers CASE TYPE: Public Interest Litigation Case Name: National Campaign Committee for Central Legislation on Construction Labour (NCC -CL) vs. Union of India & Ors. Judgment Date: 19 March 2018 Date of the Judgment: 19 March

Supreme Court Intervenes on Construction Workers’ Welfare: A National Disgrace Uncovered Read Post »

Supreme Court enhances compensation for retrenched workers in service matter: Karshanbhai Ramjibhai Jaladiya vs. District Development Officer (2018)

/ Compensation, Constitutional Law, Constitutional Law with Article 142, Judges, Kurian Joseph, Mohan M. Shantanagoudar, Retrenchment, Service Law, Service Law with Preferential Appointment

Supreme Court enhances compensation for retrenched workers in Karshanbhai Ramjibhai Jaladiya vs. District Development Officer (2018) LEGAL ISSUE: Whether the compensation awarded to retrenched workers was adequate. CASE TYPE: Service Law Case Name: Karshanbhai Ramjibhai Jaladiya vs. District Development Officer and Anr. [Judgment Date]: 19 March 2018 Can a court enhance the compensation awarded to

Supreme Court enhances compensation for retrenched workers in service matter: Karshanbhai Ramjibhai Jaladiya vs. District Development Officer (2018) Read Post »

Supreme Court Denies Transfer of Gorkhaland Agitation Cases to Independent Agency: Bimal Gurung vs. Union of India (2018)

/ A.K. Sikri, Ashok Bhushan, Code of Criminal Procedure, Code of Criminal Procedure with Section 154, Constitutional Law, Constitutional Law with Article 19, Constitutional Law with Article 32, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, Offences against Public Tranquility

Supreme Court Denies Transfer of Gorkhaland Agitation Cases to Independent Agency: Bimal Gurung vs. Union of India (2018) LEGAL ISSUE: Whether the investigation of criminal cases related to the Gorkhaland agitation should be transferred to an independent agency. CASE TYPE: Criminal Case Name: Bimal Gurung vs. Union of India & Ors. Judgment Date: 16 March

Supreme Court Denies Transfer of Gorkhaland Agitation Cases to Independent Agency: Bimal Gurung vs. Union of India (2018) Read Post »

Supreme Court Upholds No-Interest Rule on Security Deposits for Money Lenders and Pawn Brokers: State of Karnataka vs. Karnataka Pawn Brokers Assn. (2018) INSC 190 (15 March 2018)

/ Business Regulation, Constitutional Law, Constitutional Law with Article 14, Deepak Gupta, Doctrine of Separation of Powers, Judges, Karnataka Money Lenders Act, 1961, Karnataka Money Lenders Act, 1961 with Section 7-A, Karnataka Pawn Brokers Act, 1961, Karnataka Pawn Brokers Act, 1961 with Section 4-A, Madan B. Lokur, Security Deposit

Supreme Court Upholds No-Interest Rule on Security Deposits for Money Lenders and Pawn Brokers Date of the Judgment: 15 March 2018 Citation: (2018) INSC 190 Judges: Madan B. Lokur J., Deepak Gupta J. Can the government mandate that security deposits from money lenders and pawn brokers not earn interest? The Supreme Court of India addressed

Supreme Court Upholds No-Interest Rule on Security Deposits for Money Lenders and Pawn Brokers: State of Karnataka vs. Karnataka Pawn Brokers Assn. (2018) INSC 190 (15 March 2018) Read Post »

Supreme Court Stays Delhi High Court Order on Pre-Natal Diagnostic Training Rules: Union of India vs. Indian Radiological and Imaging Association (2018)

/ A.M. Khanwilkar, Constitutional Law, D.Y. Chandrachud, Dipak Misra, Judges, Legislative Policy, Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994, Pre-conception and Pre-natal Diagnostic Techniques Act, 1994 with Section 32, Pre-natal Diagnostic Techniques, Rule-Making Power, Sex Selection

Supreme Court Stays Delhi High Court Order on Pre-Natal Diagnostic Training Rules: Union of India vs. Indian Radiological and Imaging Association (2018) LEGAL ISSUE: Validity of mandatory training for sonologists under the Pre-conception and Pre-natal Diagnostic Techniques Act. CASE TYPE: Public Interest Litigation/Social Justice Case Name: Union of India vs. Indian Radiological and Imaging Association

Supreme Court Stays Delhi High Court Order on Pre-Natal Diagnostic Training Rules: Union of India vs. Indian Radiological and Imaging Association (2018) Read Post »

Supreme Court Upholds Termination of Illegal Appointment: Union of India vs. Raghuwar Pal Singh (2018)

/ A.M. Khanwilkar, Appointment, Constitutional Law, Constitutional Law with Article 311, D.Y. Chandrachud, Dipak Misra, Judges, Recruitment Rules, Service Law, Termination

Supreme Court Upholds Termination of Illegal Appointment: Union of India vs. Raghuwar Pal Singh (2018) LEGAL ISSUE: Whether an appointment made without the approval of the competent authority is a nullity or a mere irregularity. CASE TYPE: Service Law Case Name: Union of India and Anr. vs. Raghuwar Pal Singh Judgment Date: March 13, 2018

Supreme Court Upholds Termination of Illegal Appointment: Union of India vs. Raghuwar Pal Singh (2018) Read Post »

Supreme Court Legalizes Passive Euthanasia, Recognizes Advance Directives: Common Cause vs. Union of India (2018)

/ A.K. Sikri, A.M. Khanwilkar, Ashok Bhushan, Constitutional Law, Constitutional Law with Article 21, D.Y. Chandrachud, Dipak Misra, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 306, Indian Penal Code, 1860 with Section 309, Judges

Supreme Court Legalizes Passive Euthanasia, Recognizes Advance Directives: Common Cause vs. Union of India (2018) LEGAL ISSUE: Whether passive euthanasia and advance medical directives are constitutionally valid. CASE TYPE: Constitutional Law, Public Interest Litigation Case Name: Common Cause (A Regd. Society) vs. Union of India and Another Judgment Date: 9 March 2018 Date of the

Supreme Court Legalizes Passive Euthanasia, Recognizes Advance Directives: Common Cause vs. Union of India (2018) Read Post »

Supreme Court Clarifies Tax Rates on Works Contracts Before 2006: State of Karnataka vs. Durga Projects Inc. (06 March 2018)

/ A M Khanwilkar, Central Sales Tax Act, 1956, Central Sales Tax Act, 1956 with Section 15, Constitutional Law, Constitutional Law with Article 286(3)(b), Constitutional Law with Article 366(29A)(b), D Y Chandrachud, Dipak Misra, Judges, Karnataka Value Added Tax Act, 2003, Karnataka Value Added Tax Act, 2003 with Section 4(1)(b), Karnataka Value Added Tax Act, 2003 with Section 4(1)(c), Taxable Turnover

Supreme Court Clarifies Tax Rates on Works Contracts Before 2006: State of Karnataka vs. Durga Projects Inc. LEGAL ISSUE: Determination of the applicable tax rate on goods involved in works contracts under the Karnataka Value Added Tax Act, 2003 (KVAT Act) before the amendment of Section 4(1)(c) on 1 April 2006. CASE TYPE: Tax Law

Supreme Court Clarifies Tax Rates on Works Contracts Before 2006: State of Karnataka vs. Durga Projects Inc. (06 March 2018) Read Post »

Supreme Court Enhances Compensation for Carpenter with 100% Disability in Motor Accident Case: Jagdish vs. Mohan & Ors. (2018) INSC 173 (6 March 2018)

/ A M Khanwilkar, Compensation for Motor Accidents, Constitutional Law, D.Y. Chandrachud, Dipak Misra, Fundamental Rights, Judges, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 166

Supreme Court Enhances Compensation for Carpenter with 100% Disability in Motor Accident Case Date of the Judgment: 6 March 2018 Citation: (2018) INSC 173 Judges: Dipak Misra, CJI, A M Khanwilkar, J, Dr D Y Chandrachud, J. The judgment was authored by Dr. D.Y. Chandrachud, J. Can a self-employed individual with a severe disability claim

Supreme Court Enhances Compensation for Carpenter with 100% Disability in Motor Accident Case: Jagdish vs. Mohan & Ors. (2018) INSC 173 (6 March 2018) Read Post »

Supreme Court Denies Regularization to College Employee: Upendra Singh vs. State of Bihar (23 February 2018)

/ A.K. Sikri, Appointment of Employees, Ashok Bhushan, Constitutional Law, Constitutional Law with Article 14, Judges, Regularization of Employees, Service Law, Service Law with Secretary, State of Karnataka & Ors. v. Umadevi & Ors., (2006) 4 SCC 1

Supreme Court Denies Regularization to College Employee: Upendra Singh vs. State of Bihar (2018) Date of the Judgment: 23 February 2018 Citation: Civil Appeal No. 2356 of 2018 Judges: A.K. Sikri, J. and Ashok Bhushan, J. Can a college employee, initially appointed by a private college, claim regularization and regular salary after the college becomes

Supreme Court Denies Regularization to College Employee: Upendra Singh vs. State of Bihar (23 February 2018) Read Post »

Supreme Court Upholds Appointment of Additional Judges: Sunil Samdaria vs. Union of India (23 February 2018)

/ A.K. Sikri, Ashok Bhushan, Constitutional Law, Constitutional Law with Article 217, Constitutional Law with Article 224, Judges

Supreme Court Upholds Appointment of Additional Judges: Sunil Samdaria vs. Union of India (2018) LEGAL ISSUE: Whether the appointment of Additional Judges for a term less than two years is valid under Article 224 of the Constitution of India, and whether a retired judicial officer is eligible for appointment as an Additional Judge. CASE TYPE:

Supreme Court Upholds Appointment of Additional Judges: Sunil Samdaria vs. Union of India (23 February 2018) Read Post »

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