Constitutional Law

Supreme Court settles the implementation date for Fifth Pay Commission recommendations for Maharashtra State Financial Corporation employees (02 February 2023)

/ Aniruddha Bose, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Judges, Pay Revision, Retirement Benefits, S. Ravindra Bhat, Service Law

Supreme Court rules on implementation of Fifth Pay Commission for Maharashtra State Financial Corporation Employees LEGAL ISSUE: Whether denying pay revision benefits to employees of the Maharashtra State Financial Corporation (MSFC) who retired before a specific cut-off date is discriminatory and violates Article 14 of the Constitution of India. CASE TYPE: Service Law Case Name: […]

Supreme Court settles the implementation date for Fifth Pay Commission recommendations for Maharashtra State Financial Corporation employees (02 February 2023) Read Post »

Supreme Court clarifies pay revision benefits for MSFC employees: Maharashtra State Financial Corporation Ex-Employees Association & Ors. vs. State of Maharashtra & Ors. (2023) INSC 962 (02 February 2023)

/ Aniruddha Bose, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 43, Fundamental Rights, Judges, Pay Revision, S. Ravindra Bhat, Service Law, Voluntary Retirement Scheme

Supreme Court rules on pay revision for retired employees of Maharashtra State Financial Corporation Date of the Judgment: 02 February 2023 Citation: (2023) INSC 962 Judges: Aniruddha Bose, J., S. Ravindra Bhat, J. Can a cut-off date for implementing pay revisions unfairly exclude employees who have already retired? The Supreme Court of India recently addressed

Supreme Court clarifies pay revision benefits for MSFC employees: Maharashtra State Financial Corporation Ex-Employees Association & Ors. vs. State of Maharashtra & Ors. (2023) INSC 962 (02 February 2023) Read Post »

Supreme Court Clarifies Adultery Ruling’s Impact on Armed Forces: Joseph Shine v. Union of India (2023)

/ Air Force Act, 1950, Ajay Rastogi, Aniruddha Bose, Armed Forces Law, Army Act, 1950, C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 33, Hrishikesh Roy, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 497, Judges, K.M. Joseph, Navy Act, 1957

Supreme Court Clarifies Adultery Ruling’s Impact on Armed Forces: Joseph Shine v. Union of India (2023) LEGAL ISSUE: Clarification on the applicability of the Joseph Shine judgment regarding adultery to the Armed Forces. CASE TYPE: Criminal (Constitutional Law) Case Name: Joseph Shine v. Union of India [Judgment Date]: 31 January 2023 Introduction Date of the

Supreme Court Clarifies Adultery Ruling’s Impact on Armed Forces: Joseph Shine v. Union of India (2023) Read Post »

Supreme Court Refuses Transfer of Case, Emphasizes Fair Prosecution: Sunil Saini & Ors. vs. State of Haryana & Ors. (2023)

/ B.V. Nagarathna, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 319, Constitutional Law, Fair Trial, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Judges, K.M. Joseph

Supreme Court Refuses Transfer of Case, Emphasizes Fair Prosecution: Sunil Saini & Ors. vs. State of Haryana & Ors. (2023) LEGAL ISSUE: Whether a criminal case should be transferred to another state due to allegations of witness intimidation and an unfair prosecution. CASE TYPE: Criminal Case Name: Sunil Saini & Ors. vs. State of Haryana

Supreme Court Refuses Transfer of Case, Emphasizes Fair Prosecution: Sunil Saini & Ors. vs. State of Haryana & Ors. (2023) Read Post »

Supreme Court Allows Purse Seine Fishing Beyond Tamil Nadu’s Territorial Waters: Fisherman Care Association vs. Union of India (24 January 2023)

/ A.S. Bopanna, Constitutional Law, Constitutional Law with Entry 57 of List I, Fisheries Law, Judges, Marine Products Export Development Authority Act, 1972, Seventh Schedule of the Constitution, Sudhanshu Dhulia, Tamil Nadu Marine Fishing Regulation Rules, 2020

Supreme Court Allows Purse Seine Fishing Beyond Tamil Nadu’s Territorial Waters: Fisherman Care Association vs. Union of India (2023) LEGAL ISSUE: Whether the State of Tamil Nadu can restrict Purse Seine Fishing beyond its territorial waters. CASE TYPE: Fisheries Law, Constitutional Law Case Name: Fisherman Care, Registered Association vs. The Government of India, Department of

Supreme Court Allows Purse Seine Fishing Beyond Tamil Nadu’s Territorial Waters: Fisherman Care Association vs. Union of India (24 January 2023) Read Post »

Purse Seine Fishing Permitted Beyond Territorial Waters: Supreme Court’s Interim Order in Fisherman Care Association vs. Union of India (24 January 2023)

/ A.S. Bopanna, Constitutional Law, Constitutional Law with Entry 57 of List I, Constitutional Law with Seventh Schedule, Judges, Marine Products Export Development Authority Act, 1972, Marine Products Export Development Authority Act, 1972 with Section 11, Sudhanshu Dhulia

Supreme Court allows Purse Seine Fishing beyond Tamil Nadu’s territorial waters: Fisherman Care Association vs. Union of India (2023) Date of the Judgment: 24 January 2023 Citation: 2023 INSC 82 Judges: A.S. Bopanna, J. and Sudhanshu Dhulia, J. Can a State government restrict fishing activities beyond its territorial waters? The Supreme Court of India recently

Purse Seine Fishing Permitted Beyond Territorial Waters: Supreme Court’s Interim Order in Fisherman Care Association vs. Union of India (24 January 2023) Read Post »

Supreme Court Modifies Advance Medical Directive Guidelines: Common Cause vs. Union of India (24 January 2023)

/ Ajay Rastogi, Aniruddha Bose, C.T. Ravikumar, Civil Procedure, Constitutional Law, Constitutional Law with Article 21, Fundamental Rights, Hrishikesh Roy, Judges, K.M. Joseph, Writ Petition

Supreme Court Modifies Advance Medical Directive Guidelines: Common Cause vs. Union of India (2023) LEGAL ISSUE: Clarification and modification of guidelines for Advance Medical Directives. CASE TYPE: Public Interest Litigation/Constitutional Law Case Name: Common Cause (A Regd. Society) vs. Union of India Judgment Date: 24 January 2023 Date of the Judgment: 24 January 2023 Citation:

Supreme Court Modifies Advance Medical Directive Guidelines: Common Cause vs. Union of India (24 January 2023) Read Post »

Temporary Land Acquisition: Supreme Court Limits Duration in Manubhai Bharwad vs. ONGC (20 January 2023)

/ Constitutional Law, Constitutional Law with Article 300A, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 35, M.M. Sundresh, M.R. Shah, Right to Property, Temporary Land Acquisition

Supreme Court on Temporary Land Acquisition: Manubhai Bharwad vs. ONGC (2023) LEGAL ISSUE: Can temporary land acquisition continue indefinitely, infringing on property rights? CASE TYPE: Land Acquisition Case Name: Manubhai Sendhabhai Bharwad and Another vs. Oil and Natural Gas Corporation Ltd. & Others Judgment Date: 20 January 2023 Introduction Date of the Judgment: 20 January

Temporary Land Acquisition: Supreme Court Limits Duration in Manubhai Bharwad vs. ONGC (20 January 2023) Read Post »

Supreme Court clarifies Nursing Allowance eligibility based on qualifications: Union of India vs. Rajib Khan (2023)

/ Allowances, C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Equal Pay for Equal Work, Judges, M.R. Shah, Pay Scales, Service Law

Supreme Court Clarifies Nursing Allowance Eligibility Based on Qualifications: Union of India vs. Rajib Khan (2023) LEGAL ISSUE: Whether Nursing Assistants are entitled to the same Nursing Allowance as Staff Nurses, despite differences in educational qualifications. CASE TYPE: Service Law Case Name: The Union of India & Ors. vs. Rajib Khan & Ors. Judgment Date:

Supreme Court clarifies Nursing Allowance eligibility based on qualifications: Union of India vs. Rajib Khan (2023) Read Post »

Supreme Court Denies Nursing Allowance Parity for Nursing Assistants: Union of India vs. Rajib Khan (2023)

/ Allowances, C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Equal Pay, Judges, M.R. Shah, Pay Scales, Service Law

Supreme Court Denies Nursing Allowance Parity for Nursing Assistants: Union of India vs. Rajib Khan (2023) LEGAL ISSUE: Whether Nursing Assistants are entitled to the same Nursing Allowance as Staff Nurses when their educational qualifications and job requirements differ. CASE TYPE: Service Law Case Name: The Union of India & Ors. vs. Rajib Khan &

Supreme Court Denies Nursing Allowance Parity for Nursing Assistants: Union of India vs. Rajib Khan (2023) Read Post »

Supreme Court clarifies “Sikkimese” definition for Income Tax Exemption, Invalidates Gender-Based Exclusion: Association of Old Settlers of Sikkim vs. Union of India (2023)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 15, Fundamental Rights, Income Tax Act, 1961, Income Tax Act, 1961 with Section 10(26AAA), Judges, M.R. Shah

Supreme Court rules on Sikkimese definition for Income Tax Exemption Date of the Judgment: January 13, 2023 Citation: (2023) INSC 29 Judges: M.R. Shah, J. and B.V. Nagarathna, J. (Separate concurring opinion by Nagarathna J.) Can the definition of “Sikkimese” for income tax exemptions exclude long-term Indian settlers? The Supreme Court of India addressed this

Supreme Court clarifies “Sikkimese” definition for Income Tax Exemption, Invalidates Gender-Based Exclusion: Association of Old Settlers of Sikkim vs. Union of India (2023) Read Post »

Supreme Court Strikes Down Discriminatory Definition of “Sikkimese” in Income Tax Act: Association of Old Settlers of Sikkim vs. Union of India (2023)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 15, Fundamental Rights, Income Tax Act, 1961, Income Tax Act, 1961 with Section 10(26AAA), Judges, M.R. Shah, Tax Exemptions

Supreme Court Strikes Down Discriminatory Definition of “Sikkimese” in Income Tax Act LEGAL ISSUE: Whether the definition of “Sikkimese” under Section 10(26AAA) of the Income Tax Act, 1961, is discriminatory against long-term Indian settlers and Sikkimese women. CASE TYPE: Tax Law, Constitutional Law Case Name: Association of Old Settlers of Sikkim & Ors. vs. Union

Supreme Court Strikes Down Discriminatory Definition of “Sikkimese” in Income Tax Act: Association of Old Settlers of Sikkim vs. Union of India (2023) Read Post »

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