Constitutional Law

Supreme Court Upholds Ban on Encroachment of Village Lands: Maharashtra Rajya Vadar Samaj Sangh vs. Union of India (24 November 2022)

/ Constitutional Law, Constitutional Law with Article 32, Judges, Land Law, M.M. Sundresh, M.R. Shah, Maharashtra Land Revenue (Extraction and Removal of Minor Minerals) Rules, 1968, Maharashtra Land Revenue Code, 1966, Mines and Minerals (Development and Regulation) Act, 1957, Mines and Minerals Law, Mines and Minerals Law with Section 15

Supreme Court Upholds Ban on Encroachment of Village Lands: Maharashtra Rajya Vadar Samaj Sangh vs. Union of India (2022) LEGAL ISSUE: Whether a government resolution prohibiting the use of village common lands for private purposes infringes upon the traditional rights of a nomadic tribe to extract stones. CASE TYPE: Public Interest Litigation/Constitutional Law Case Name: […]

Supreme Court Upholds Ban on Encroachment of Village Lands: Maharashtra Rajya Vadar Samaj Sangh vs. Union of India (24 November 2022) Read Post »

Supreme Court Upholds Property Tax on Carpet Area Basis, Denies Exemption to Charitable Institutions: Parivar Seva Sanstha vs. Ahmedabad Municipal Corporation (24 November 2022)

/ Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Gujarat Provincial Municipal Corporations Act, 1949, Gujarat Provincial Municipal Corporations Act, 1949 with Section 129, Gujarat Provincial Municipal Corporations Act, 1949 with Section 132, Gujarat Provincial Municipal Corporations Act, 1949 with Section 141AA, J.K. Maheshwari, Judges, Sanjiv Khanna

Supreme Court Upholds Property Tax on Carpet Area Basis, Denies Exemption to Charitable Institutions: Parivar Seva Sanstha vs. Ahmedabad Municipal Corporation (2022) LEGAL ISSUE: Whether charitable institutions are exempt from general tax when property tax is levied based on carpet area. CASE TYPE: Municipal Law, Property Tax Case Name: Parivar Seva Sanstha vs. Ahmedabad Municipal

Supreme Court Upholds Property Tax on Carpet Area Basis, Denies Exemption to Charitable Institutions: Parivar Seva Sanstha vs. Ahmedabad Municipal Corporation (24 November 2022) Read Post »

Supreme Court Upholds Dismissal for Negligence in CISF: Union of India vs. Subrata Nath (23 November 2022)

/ Central Industrial Security Force Rules, 2001, Central Industrial Security Force Rules, 2001 with Rule 32, Constitutional Law, Constitutional Law with Article 226, Dhananjaya Y. Chandrachud, Hima Kohli, Judges

Supreme Court Upholds Dismissal for Negligence in CISF: Union of India vs. Subrata Nath (2022) LEGAL ISSUE: Whether the High Court can interfere with the findings of fact recorded by the Disciplinary Authority in a departmental inquiry. CASE TYPE: Service Law/Disciplinary Proceedings Case Name: Union of India and Others vs. Subrata Nath Judgment Date: 23

Supreme Court Upholds Dismissal for Negligence in CISF: Union of India vs. Subrata Nath (23 November 2022) Read Post »

Supreme Court Grants Pensionary Benefits to Women Air Force Officers: Wg Cdr A U Tayyaba (Retd) vs. Union of India (2022)

/ Armed Forces, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 142, Dhananjaya Y Chandrachud, Fundamental Rights, Hima Kohli, J B Pardiwala, Judges, Pensionary Benefits, Permanent Commission, Service Law

Supreme Court Grants Pensionary Benefits to Women Air Force Officers: Wg Cdr A U Tayyaba (Retd) vs. Union of India (2022) LEGAL ISSUE: Whether women Short Service Commissioned Officers (SSCOs) of the Indian Air Force (IAF), who were not part of the original litigation, are entitled to the same benefits as those who were, specifically

Supreme Court Grants Pensionary Benefits to Women Air Force Officers: Wg Cdr A U Tayyaba (Retd) vs. Union of India (2022) Read Post »

Supreme Court Upholds High Court Decision on Power Purchase Agreement Termination: M.P. Power Management vs. Sky Power (2022)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 298, Constitutional Law with Article 299, Contract Law, Contract Law with Article 2.1 of the PPA, Contract Law with Article 9.1 of the PPA, Electricity Act, 2003, Electricity Act, 2003 with Section 63, Hrishikesh Roy, Judges, K.M. Joseph, Power Purchase Agreements

Supreme Court Upholds High Court Decision on Power Purchase Agreement Termination: M.P. Power Management vs. Sky Power (2022) LEGAL ISSUE: Whether a Power Purchase Agreement (PPA) termination by a state-owned company was valid, considering contractual obligations and principles of fairness. CASE TYPE: Contract Law, specifically concerning Power Purchase Agreements and judicial review of state actions.

Supreme Court Upholds High Court Decision on Power Purchase Agreement Termination: M.P. Power Management vs. Sky Power (2022) Read Post »

Supreme Court Upholds Rota System for Seniority of Promotees and Direct Recruits: Amit Singh vs. Ravindra Nath Pandey (2022)

/ B.R. Gavai, B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 309, Judges, Rota System, Seniority, Service Law, Service Law with Article 309

Supreme Court Upholds Rota System for Seniority of Promotees and Direct Recruits: Amit Singh vs. Ravindra Nath Pandey (2022) Date of the Judgment: November 11, 2022 Citation: Civil Appeal Nos. 8324-8327 of 2022 Judges: B.R. Gavai, J., B.V. Nagarathna, J. Can seniority between direct recruits and promotees be determined solely by the date of appointment,

Supreme Court Upholds Rota System for Seniority of Promotees and Direct Recruits: Amit Singh vs. Ravindra Nath Pandey (2022) Read Post »

Supreme Court Upholds State’s Decision on B.Ed. College Recognition: State of Uttarakhand vs. Nalanda College of Education (2022)

/ Constitutional Law, Constitutional Law with Article 226, Judges, M.M. Sundresh, M.R. Shah, National Council for Teacher Education Act, 1993, National Council for Teacher Education Act, 1993 with Rule 7(5), NCTE Regulations, 2014

Supreme Court Upholds State’s Decision on B.Ed. College Recognition: State of Uttarakhand vs. Nalanda College of Education (2022) LEGAL ISSUE: Whether a State Government can refuse recognition to new B.Ed. colleges based on the grounds of potential unemployment among graduates. CASE TYPE: Education Law, Writ Jurisdiction Case Name: The State of Uttarakhand vs. Nalanda College

Supreme Court Upholds State’s Decision on B.Ed. College Recognition: State of Uttarakhand vs. Nalanda College of Education (2022) Read Post »

Supreme Court clarifies the jurisdiction of Civil Courts and DRT in loan recovery cases: Bank of Rajasthan vs. VCK Shares (2022)

/ Abhay S. Oka, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VII Rule 10, Code of Civil Procedure, 1908 with Section 151, Code of Civil Procedure, 1908 with Section 9, Constitutional Law, Constitutional Law with Article 227, Judges, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Recovery of Debts Due to Banks and Financial Institutions Act, 1993 with Section 17, Recovery of Debts Due to Banks and Financial Institutions Act, 1993 with Section 18, Recovery of Debts Due to Banks and Financial Institutions Act, 1993 with Section 19, Sanjay Kishan Kaul, Vikram Nath

Supreme Court Clarifies Jurisdiction in Bank Loan Recovery Cases: Bank of Rajasthan vs. VCK Shares (2022) LEGAL ISSUE: Whether a borrower can file an independent suit against a bank in a civil court when the bank has already initiated recovery proceedings at the Debts Recovery Tribunal (DRT). CASE TYPE: Banking Law, Debt Recovery Case Name:

Supreme Court clarifies the jurisdiction of Civil Courts and DRT in loan recovery cases: Bank of Rajasthan vs. VCK Shares (2022) Read Post »

Supreme Court Quashes Vice-Chancellor Appointment for Lack of Experience: Narendra Singh Bhandari vs. Ravindra Jugran (2022)

/ Constitutional Law, Constitutional Law with Article 319, Judges, M.M. Sundresh, M.R. Shah, Soban Singh Jeena University Act, 2019, Soban Singh Jeena University Act, 2019 with Section 10, University Grants Commission (UGC) Regulations, 2018, University Grants Commission (UGC) Regulations, 2018 with Regulation 7.3.0

Supreme Court Quashes Vice-Chancellor Appointment for Lack of Experience: Narendra Singh Bhandari vs. Ravindra Jugran (2022) LEGAL ISSUE: Whether a Vice-Chancellor’s appointment is valid if they do not meet the minimum experience requirements set by the University Grants Commission (UGC) Regulations, 2018, and whether the appointment process followed the prescribed procedures. CASE TYPE: Education Law,

Supreme Court Quashes Vice-Chancellor Appointment for Lack of Experience: Narendra Singh Bhandari vs. Ravindra Jugran (2022) Read Post »

Supreme Court clarifies the methodology for property tax calculation based on capital value: Municipal Corporation of Greater Mumbai & Ors. vs. Property Owners’ Association & Ors. (2022) INSC 1181 (07 November 2022)

/ Ajay Rastogi, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 243X, Judges, Mumbai Municipal Corporation Act, 1888, Mumbai Municipal Corporation Act, 1888 with Section 140, Mumbai Municipal Corporation Act, 1888 with Section 154, Property Tax Assessment, Uday Umesh Lalit

LEGAL ISSUE: The core legal issue revolves around the validity of the methodology adopted by the Municipal Corporation of Greater Mumbai for calculating property tax based on the capital value of lands and buildings, and the extent of the rule-making power of the Municipal Commissioner in this regard. CASE TYPE: This case falls under the

Supreme Court clarifies the methodology for property tax calculation based on capital value: Municipal Corporation of Greater Mumbai & Ors. vs. Property Owners’ Association & Ors. (2022) INSC 1181 (07 November 2022) Read Post »

Supreme Court Declares Election Void Due to Age Disqualification: Mohd. Abdullah Azam Khan vs. Nawab Kazim Ali Khan (2022) INSC 963 (7 November 2022)

/ Ajay Rastogi, B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 173, Elections, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 35, Judges

Date of the Judgment: 7 November 2022 Citation: (2022) INSC 963 Judges: Justice Ajay Rastogi and Justice B.V. Nagarathna Can a candidate’s election be invalidated if they are found to be under the minimum age requirement? The Supreme Court of India addressed this critical question in a recent election dispute, ultimately setting aside the election

Supreme Court Declares Election Void Due to Age Disqualification: Mohd. Abdullah Azam Khan vs. Nawab Kazim Ali Khan (2022) INSC 963 (7 November 2022) Read Post »

Supreme Court Dismisses PILs Against Jharkhand Chief Minister for Lack of Merit and Procedural Violations (07 November 2022)

/ Constitutional Law, Constitutional Law with Article 192, Judges, PIL Procedure, PIL Rules, Public Interest Litigation, S. Ravindra Bhat, Sudhanshu Dhulia, Uday Umesh Lalit

Supreme Court Dismisses PILs Against Jharkhand Chief Minister for Lack of Merit and Procedural Violations Date of the Judgment: 07 November 2022 Citation: 2022 INSC 546 Judges: Uday Umesh Lalit, CJI, S. Ravindra Bhat, J., Sudhanshu Dhulia, J. Can a Public Interest Litigation (PIL) be entertained if the petitioner has not disclosed all relevant facts

Supreme Court Dismisses PILs Against Jharkhand Chief Minister for Lack of Merit and Procedural Violations (07 November 2022) Read Post »

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