Constitutional Law

Supreme Court clarifies applicability of Standing Orders vs. CCA Rules in Disciplinary Proceedings for Workmen (29 November 2023)

/ Constitutional Law, Constitutional Law with Article 309, Industrial Employment (Standing Orders) Act, 1946, Industrial Law, Industrial Law with Section 13B, Standing Orders

Supreme Court Clarifies Applicability of Standing Orders vs. CCA Rules in Disciplinary Proceedings for Workmen LEGAL ISSUE: Applicability of Central Civil Services (Classification, Control and Appeal) Rules, 1965 (CCA Rules) versus Standing Orders under the Industrial Employment (Standing Orders) Act, 1946 in disciplinary proceedings against workmen. CASE TYPE: Service Law/Industrial Law Case Name: Union of […]

Supreme Court clarifies applicability of Standing Orders vs. CCA Rules in Disciplinary Proceedings for Workmen (29 November 2023) Read Post »

Supreme Court Clarifies Stamp Act Applicability on Agreements to Sell: Vijay vs. Union of India (29 November 2023)

/ Constitutional Law, Constitutional Law with Entry 44 List III, Constitutional Law with Entry 63 List II, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 61, Indian Evidence Act, 1872 with Section 63, Indian Evidence Act, 1872 with Section 65, Indian Stamp Act, 1899, Indian Stamp Act, 1899 with Section 2(11), Indian Stamp Act, 1899 with Section 2(6), Indian Stamp Act, 1899 with Section 35

Supreme Court Clarifies Stamp Act Applicability on Agreements to Sell: Vijay vs. Union of India (2023) LEGAL ISSUE: Applicability of Section 35 of the Indian Stamp Act, 1899 on unstamped agreements to sell executed before the 1989 amendment and admissibility of secondary evidence for such documents. CASE TYPE: Civil Law, Property Law, Stamp Duty Case

Supreme Court Clarifies Stamp Act Applicability on Agreements to Sell: Vijay vs. Union of India (29 November 2023) Read Post »

Union’s Power to Appoint Delhi Chief Secretary Upheld by Supreme Court in Services Dispute (29 November 2023)

/ All India Services (Death-cum-Retirement Benefits) Rules 1958, Constitutional Law, Constitutional Law with Article 239AA, Government of National Capital Territory of Delhi Act 1991, Government of National Capital Territory of Delhi Act 1991 with Section 45A, Indian Administrative Service (Cadre) Rules 1954, Service Law

Supreme Court Upholds Union’s Power to Appoint Delhi Chief Secretary (2023) LEGAL ISSUE: The extent of the Union Government’s power versus the Government of the National Capital Territory of Delhi (GNCTD) in appointing the Chief Secretary. CASE TYPE: Constitutional Law, Service Law Case Name: Government of NCT of Delhi vs. Union of India & Ors

Union’s Power to Appoint Delhi Chief Secretary Upheld by Supreme Court in Services Dispute (29 November 2023) Read Post »

Supreme Court clarifies jurisdiction for anticipatory bail in cross-state cases: Priya Indoria vs. State of Karnataka (2023) INSC 1008 (20 November 2023)

/ Bail Provisions, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 177, Code of Criminal Procedure, 1973 with Section 438, Constitutional Law, Constitutional Law with Article 21, Fundamental Rights

Supreme Court Clarifies Jurisdiction for Anticipatory Bail in Cross-State Cases LEGAL ISSUE: The legal issue addressed is whether a High Court or Court of Session can grant anticipatory bail for an offense registered outside its territorial jurisdiction. CASE TYPE: This case falls under Criminal Law, specifically dealing with anticipatory bail. Case Name: Priya Indoria vs.

Supreme Court clarifies jurisdiction for anticipatory bail in cross-state cases: Priya Indoria vs. State of Karnataka (2023) INSC 1008 (20 November 2023) Read Post »

Supreme Court Upholds Appointment of Civil Judges Despite Procedural Flaws: Vivek Kaisth & Anr. vs. State of Himachal Pradesh & Ors. (20 November 2023)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 142, Constitutional Law with Article 16, Judicial Appointments, Service Law, Service Law with Himachal Pradesh Judicial Service Rules, 2004

Supreme Court Upholds Appointment of Civil Judges Despite Procedural Flaws Date of the Judgment: 20 November 2023 Citation: 2023 INSC 1007 Judges: C.T. Ravikumar, J. and Sudhanshu Dhulia, J. Can appointments to judicial posts be upheld even if the selection process had procedural flaws? The Supreme Court of India recently addressed this question in a

Supreme Court Upholds Appointment of Civil Judges Despite Procedural Flaws: Vivek Kaisth & Anr. vs. State of Himachal Pradesh & Ors. (20 November 2023) Read Post »

Supreme Court Mandates Hybrid Hearings in All Courts and Tribunals: Sarvesh Mathur vs. Registrar General, High Court of Punjab and Haryana (2023) INSC 891 (October 6, 2023)

/ Access to Justice, Constitutional Law, Fundamental Rights, High Courts, Judiciary, Supreme Court of India

Supreme Court Mandates Hybrid Hearings in All Courts and Tribunals Date of the Judgment: October 6, 2023 Citation: (2023) INSC 891 Judges: Dr Dhananjaya Y Chandrachud, CJI, J B Pardiwala, J, Manoj Misra, J Can technology bridge the gap in access to justice? The Supreme Court of India, in a significant move, has mandated that

Supreme Court Mandates Hybrid Hearings in All Courts and Tribunals: Sarvesh Mathur vs. Registrar General, High Court of Punjab and Haryana (2023) INSC 891 (October 6, 2023) Read Post »

Supreme Court Clarifies Governor’s Role in Assenting to State Bills: State of Punjab vs. Principal Secretary to the Governor (2023)

/ Constitutional Law, Constitutional Law with Article 174, Constitutional Law with Article 200, Constitutional Law with Article 207, Rules of Procedure, Rules of Procedure with Rule 16

Supreme Court Clarifies Governor’s Role in Assenting to State Bills: State of Punjab vs. Principal Secretary to the Governor (2023) Date of the Judgment: 10 November 2023 Citation: 2023 INSC 1017 Judges: Dr. Dhananjaya Y Chandrachud, CJI, J.B. Pardiwala J, and Manoj Misra J. Can a Governor indefinitely withhold assent to bills passed by a

Supreme Court Clarifies Governor’s Role in Assenting to State Bills: State of Punjab vs. Principal Secretary to the Governor (2023) Read Post »

Supreme Court Upholds Recruitment Rules in Himachal Pradesh Junior Office Assistant Case

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 309, Recruitment Rules, Service Law, Service Law with Relaxation of Rules

Supreme Court Upholds Recruitment Rules in Himachal Pradesh Junior Office Assistant Case LEGAL ISSUE: Whether relaxation in essential eligibility criteria for government jobs can be made after the last date for application submission. CASE TYPE: Service Law/Recruitment Case Name: Ankita Thakur & Ors. vs. The H.P. Staff Selection Commission & Ors. Judgment Date: 9 November

Supreme Court Upholds Recruitment Rules in Himachal Pradesh Junior Office Assistant Case Read Post »

Supreme Court Upholds Constitutionality of Sections 95-100 of IBC: Dilip B Jiwrajka vs. Union of India (2023)

/ Constitutional Law, Constitutional Law with Article 32, Fundamental Rights, Insolvency Law, Insolvency Law with Section 100, Insolvency Law with Section 95, Insolvency Resolution Process

Supreme Court Upholds Constitutionality of Sections 95-100 of IBC: Dilip B Jiwrajka vs. Union of India (2023) LEGAL ISSUE: Constitutional validity of the process for initiating insolvency resolution for personal guarantors under Sections 95-100 of the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law, Constitutional Law Case Name: Dilip B Jiwrajka vs. Union

Supreme Court Upholds Constitutionality of Sections 95-100 of IBC: Dilip B Jiwrajka vs. Union of India (2023) Read Post »

Supreme Court Directs Expeditious Trial of Criminal Cases Against MPs and MLAs (2023) INSC 991

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 321, Constitutional Law, Constitutional Law with Article 227, Constitutional Law with Article 32, Criminal Procedure, Disqualification of Elected Representatives, Fundamental Rights, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 8

Supreme Court Directs Expeditious Trial of Criminal Cases Against MPs and MLAs (2023) INSC 991 LEGAL ISSUE: Monitoring and expediting criminal trials against sitting and former Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs). CASE TYPE: Public Interest Litigation (Criminal) Case Name: Ashwini Kumar Upadhyay vs. Union of India & Anr. [Judgment Date]:

Supreme Court Directs Expeditious Trial of Criminal Cases Against MPs and MLAs (2023) INSC 991 Read Post »

Supreme Court Grants Parity in Land Acquisition Compensation, Denies Interest for Delay: Mohar Singh vs. State of Uttar Pradesh (2023)

/ Constitutional Law, Constitutional Law with Article 14, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 18, Land Acquisition Act, 1894 with Section 34, Land Acquisition Act, 1894 with Section 4(1)

Supreme Court Grants Parity in Land Acquisition Compensation, Denies Interest for Delay: Mohar Singh vs. State of Uttar Pradesh (2023) LEGAL ISSUE: Whether land owners who file appeals for enhanced compensation after a significant delay can receive the same compensation as their co-owners, and if so, whether they are entitled to statutory benefits for the

Supreme Court Grants Parity in Land Acquisition Compensation, Denies Interest for Delay: Mohar Singh vs. State of Uttar Pradesh (2023) Read Post »

Supreme Court Invalidates Pre-Deposit Clause in Arbitration: Lombardi Engineering vs. Uttarakhand Jal Vidyut Nigam (2023) INSC 976

/ Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 2(f), Constitutional Law, Constitutional Law with Article 14, Fundamental Rights

Supreme Court Invalidates Pre-Deposit Clause in Arbitration: Lombardi Engineering vs. Uttarakhand Jal Vidyut Nigam (2023) INSC 976 LEGAL ISSUE: Whether a pre-deposit clause in an arbitration agreement is valid and enforceable under the Arbitration and Conciliation Act, 1996 and the Constitution of India. CASE TYPE: Arbitration Law Case Name: Lombardi Engineering Limited vs. Uttarakhand Jal

Supreme Court Invalidates Pre-Deposit Clause in Arbitration: Lombardi Engineering vs. Uttarakhand Jal Vidyut Nigam (2023) INSC 976 Read Post »

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