Constitutional Law

Supreme Court settles pension calculation for employees switching government jobs: State of Rajasthan vs. O.P. Gupta (2022) INSC 772 (19 September 2022)

/ Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Indira Banerjee, J.K. Maheshwari, Judges, Pension Benefits, Service Law, Service Law with Rule 25 of the Rajasthan Civil Services (Pension) Rules, 1996

Supreme Court settles pension calculation for employees switching government jobs: State of Rajasthan vs. O.P. Gupta (2022) INSC 772 (19 September 2022) LEGAL ISSUE: Whether prior service in a government entity should be counted for pension benefits when an employee resigns to join another government job. CASE TYPE: Service Law – Pension Benefits. Case Name: […]

Supreme Court settles pension calculation for employees switching government jobs: State of Rajasthan vs. O.P. Gupta (2022) INSC 772 (19 September 2022) Read Post »

Supreme Court to decide on mandatory separate hearing for death penalty cases

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 235, Code of Criminal Procedure, 1973 with Section 309, Code of Criminal Procedure, 1973 with Section 354, Constitutional Law, Fundamental Rights, Judges, S. Ravindra Bhat, Sudhanshu Dhulia, Uday Umesh Lalit

Supreme Court to decide on mandatory separate hearing for death penalty cases Date of the Judgment: 19 September 2022 Judges: Uday Umesh Lalit, CJI, S. Ravindra Bhat, J, Sudhanshu Dhulia, J. The Supreme Court of India is grappling with a critical question: Should a separate hearing be mandatory after a conviction in cases where the

Supreme Court to decide on mandatory separate hearing for death penalty cases Read Post »

Supreme Court quashes Pharmacy Council of India’s moratorium on new pharmacy colleges: Pharmacy Council of India vs. Rajeev College of Pharmacy (2022)

/ B.R. Gavai, Constitutional Law, Constitutional Law with Article 13, Constitutional Law with Article 19(1)(g), Education Law, Fundamental Rights, Judges, Pamidighantam Sri Narasimha

Supreme Court quashes Pharmacy Council of India’s moratorium on new pharmacy colleges: Pharmacy Council of India vs. Rajeev College of Pharmacy (2022) LEGAL ISSUE: Whether the Pharmacy Council of India (PCI) can impose a moratorium on the establishment of new pharmacy colleges through an executive resolution. CASE TYPE: Education Law Case Name: Pharmacy Council of

Supreme Court quashes Pharmacy Council of India’s moratorium on new pharmacy colleges: Pharmacy Council of India vs. Rajeev College of Pharmacy (2022) Read Post »

Supreme Court Modifies BCCI Constitution on Cooling-Off Periods and Disqualifications (2022)

/ BCCI Constitution with Clause 45, BCCI Constitution with Clause 6(4), BCCI Constitution with Clause 6(5), Board of Control for Cricket in India, Constitutional Law, Cooling-Off Period, Cricket Administration, Dhananjaya Y Chandrachud, Disqualification Criteria, Hima Kohli, Judges, Sports Law

Supreme Court Modifies BCCI Constitution on Cooling-Off Periods and Disqualifications (2022) LEGAL ISSUE: Modification of cooling-off periods and disqualification criteria for office bearers of the Board of Control for Cricket in India (BCCI) and state cricket associations. CASE TYPE: Sports Law, Constitutional Law Case Name: The Board of Control for Cricket in India v. Cricket

Supreme Court Modifies BCCI Constitution on Cooling-Off Periods and Disqualifications (2022) Read Post »

Supreme Court Upholds Disqualification for False Asset Declaration in Municipal Elections: S. Rukmini Madegowda vs. State Election Commission (2022)

/ Ajay Rastogi, Constitutional Law, Constitutional Law with Article 243ZA(1), Constitutional Law with Article 324, Corrupt Practices, Election Law, Election Law with Section 123(2) of Representation of the People Act, 1951, Indira Banerjee, Judges, Uday Umesh Lalit

Supreme Court Upholds Disqualification for False Asset Declaration in Municipal Elections LEGAL ISSUE: Whether non-disclosure of assets by a candidate in municipal elections constitutes a corrupt practice leading to disqualification. CASE TYPE: Election Law Case Name: S. Rukmini Madegowda vs. The State Election Commission & Ors. Judgment Date: 14 September 2022 Date of the Judgment:

Supreme Court Upholds Disqualification for False Asset Declaration in Municipal Elections: S. Rukmini Madegowda vs. State Election Commission (2022) Read Post »

Supreme Court Upholds Employee Allocation to Telangana in State Reorganization Dispute: B. Subba Rayudu Case (2022)

/ Andhra Pradesh Reorganisation Act, 2014, Constitutional Law, Constitutional Law with Article 136, Employee Allocation, Indira Banerjee, Judges, Service Law, Service Law with Section 77(2), V. Ramasubramanian

Supreme Court Upholds Telangana Employee Allocation: B. Subba Rayudu Case (2022) LEGAL ISSUE: Employee allocation upon state reorganization. CASE TYPE: Service Law Case Name: The State of Telangana & Anr. vs. B. Subba Rayudu and Others Judgment Date: 14 September 2022 Date of the Judgment: 14 September 2022 Citation: [2022] INSC 791 Judges: Indira Banerjee

Supreme Court Upholds Employee Allocation to Telangana in State Reorganization Dispute: B. Subba Rayudu Case (2022) Read Post »

Right to Dignified Burial vs. Public Order: Supreme Court Denies Exhumation in Mohammad Latief Magrey vs. Union Territory of Jammu and Kashmir (2022)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 176(3), Constitutional Law, Constitutional Law with Article 21, Constitutional Law with Article 25, Fundamental Rights, J.B. Pardiwala, Judges, Surya Kant

Supreme Court Upholds Right to Dignified Burial, Denies Exhumation in Terrorist Encounter Case LEGAL ISSUE: Balancing the right to a dignified burial with concerns of public order and security. CASE TYPE: Writ Petition/Civil Appeal Case Name: Mohammad Latief Magrey vs. The Union Territory of Jammu and Kashmir & Ors. Judgment Date: 12 September 2022 Date

Right to Dignified Burial vs. Public Order: Supreme Court Denies Exhumation in Mohammad Latief Magrey vs. Union Territory of Jammu and Kashmir (2022) Read Post »

Supreme Court directs Sessions Court to verify juvenility claim of convict: Vinod Katara vs. State of Uttar Pradesh (12 September 2022)

/ Constitutional Law, Constitutional Law with Article 39, Dinesh Maheshwari, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, J.B. Pardiwala, Judges, Juvenile Justice Act, Juvenile Justice Act, 2000 with Section 20, Juvenile Justice Act, 2000 with Section 7A, Juvenile Justice Act, 2015 with Section 94, Offences Against Human Body

Supreme Court directs Sessions Court to verify juvenility claim of convict: Vinod Katara vs. State of Uttar Pradesh (2022) LEGAL ISSUE: Whether a claim of juvenility can be raised at any stage of a legal proceeding, even after the final disposal of the case. CASE TYPE: Criminal Case Name: Vinod Katara vs. State of Uttar

Supreme Court directs Sessions Court to verify juvenility claim of convict: Vinod Katara vs. State of Uttar Pradesh (12 September 2022) Read Post »

Supreme Court overturns conviction under Section 411 IPC due to lack of evidence of knowledge of stolen property: Shiv Kumar vs. State of Madhya Pradesh (2022)

/ Constitutional Law, Constitutional Law with Article 136, Evidence Act, Evidence Act with Section 114, Hrishikesh Roy, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 24, Indian Penal Code, 1860 with Section 411, Judges, K.M. Joseph, Offences Relating to Property

Supreme Court overturns conviction under Section 411 IPC due to lack of evidence of knowledge of stolen property: Shiv Kumar vs. State of Madhya Pradesh (2022) LEGAL ISSUE: Whether the essential ingredients of Section 411 of the Indian Penal Code, 1860 are met when the prosecution fails to prove that the accused had knowledge that

Supreme Court overturns conviction under Section 411 IPC due to lack of evidence of knowledge of stolen property: Shiv Kumar vs. State of Madhya Pradesh (2022) Read Post »

Supreme Court clarifies premature release policy for life convicts in Uttar Pradesh: Rashidul Jafar @ Chota vs. State of Uttar Pradesh & Anr (2022) INSC 756 (6 September 2022)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 161, Constitutional Law with Article 21, Criminal Law, Dhananjaya Y Chandrachud, Hima Kohli, Judges, Life Imprisonment, Premature Release

Supreme Court Clarifies Premature Release Policy for Life Convicts in Uttar Pradesh LEGAL ISSUE: Premature release of life convicts. CASE TYPE: Criminal. Case Name: Rashidul Jafar @ Chota vs. State of Uttar Pradesh & Anr. Judgment Date: 6 September 2022 Date of the Judgment: 6 September 2022 Citation: (2022) INSC 756 Judges: Dr Dhananjaya Y

Supreme Court clarifies premature release policy for life convicts in Uttar Pradesh: Rashidul Jafar @ Chota vs. State of Uttar Pradesh & Anr (2022) INSC 756 (6 September 2022) Read Post »

Supreme Court dismisses transfer petition, directs speedy trial in family dispute: Surjit Kishore Das vs. Ajay Kishore Das (2022)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 25, Constitutional Law, Constitutional Law with Article 139A, Judges, S. Ravindra Bhat, Uday Umesh Lalit

Supreme Court dismisses transfer petition, directs speedy trial in family dispute: Surjit Kishore Das vs. Ajay Kishore Das (2022) LEGAL ISSUE: Whether a transfer petition should be allowed. CASE TYPE: Civil Case Name: Surjit Kishore Das vs. Ajay Kishore Das & Ors. Judgment Date: 05 September 2022 Introduction Date of the Judgment: 05 September 2022

Supreme Court dismisses transfer petition, directs speedy trial in family dispute: Surjit Kishore Das vs. Ajay Kishore Das (2022) Read Post »

Supreme Court declines transfer of petitions in matrimonial dispute: Dr. Seema Sikka vs. Dr. Pranav Sikka (2022)

/ Code of Civil Procedure, 1908, Constitutional Law, Constitutional Law with Article 139A, Inherent Powers, Judges, S. Ravindra Bhat, Transfer of Cases, Uday Umesh Lalit

Supreme Court declines transfer of petitions in matrimonial dispute: Dr. Seema Sikka vs. Dr. Pranav Sikka (2022) LEGAL ISSUE: Whether to transfer petitions in matrimonial disputes from one family court to another. CASE TYPE: Matrimonial Dispute, Transfer Petition. Case Name: Dr. Seema Sikka vs. Dr. Pranav Sikka [Judgment Date]: September 5, 2022 Date of the

Supreme Court declines transfer of petitions in matrimonial dispute: Dr. Seema Sikka vs. Dr. Pranav Sikka (2022) Read Post »

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