Constitutional Law

Supreme Court Upholds High Court’s Jurisdiction Under Article 227 in Consumer Disputes: Ibrat Faizan vs. Omaxe Buildhome Private Limited (2022)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 227, Consumer Protection Act, 2019, Consumer Protection Act, 2019 with Section 58, Consumer Protection Act, 2019 with Section 67, Judges, Judicial Review, M.R. Shah, National Consumer Disputes Redressal Commission

Supreme Court Upholds High Court’s Jurisdiction Under Article 227 in Consumer Disputes LEGAL ISSUE: Whether a High Court can entertain a writ petition under Article 227 of the Constitution of India against an order passed by the National Consumer Disputes Redressal Commission (NCDRC) in an appeal under Section 58(1)(a)(iii) of the Consumer Protection Act, 2019. […]

Supreme Court Upholds High Court’s Jurisdiction Under Article 227 in Consumer Disputes: Ibrat Faizan vs. Omaxe Buildhome Private Limited (2022) Read Post »

Supreme Court Orders Compensation for Endosulfan Victims: Baiju K G & Ors vs. Dr V P Joy (2022)

/ Constitutional Law, Constitutional Law with Article 21, Dhananjaya Y Chandrachud, Fundamental Rights, Judges, Surya Kant

Supreme Court Orders Compensation for Endosulfan Victims: Baiju K G & Ors vs. Dr V P Joy (2022) LEGAL ISSUE: Failure to implement court-ordered compensation and healthcare for victims of environmental damage. CASE TYPE: Contempt Petition arising from a Public Interest Litigation. Case Name: Baiju K G & Ors vs. Dr V P Joy. [Judgment

Supreme Court Orders Compensation for Endosulfan Victims: Baiju K G & Ors vs. Dr V P Joy (2022) Read Post »

Supreme Court clarifies pay scales for Ayush Department Librarians: State of Madhya Pradesh vs. Seema Sharma (2022) INSC 484

/ C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 14, Indira Banerjee, Judges, Madhya Pradesh Education Service (Collegiate Branch) Recruitment Rules, 1990, Madhya Pradesh Public Health (Indian System of Medicine and Homeopathy), Class-III, Clerical and Non-Clerical Services Recruitment Rules, 1987, Pay Scales, Service Law

Supreme Court clarifies pay scales for Ayush Department Librarians: State of Madhya Pradesh vs. Seema Sharma (2022) INSC 484 LEGAL ISSUE: Applicability of University Grants Commission (UGC) pay scales to librarians in Ayurvedic colleges. CASE TYPE: Service Law. Case Name: State of Madhya Pradesh vs. Seema Sharma. Judgment Date: May 12, 2022. Introduction Date of

Supreme Court clarifies pay scales for Ayush Department Librarians: State of Madhya Pradesh vs. Seema Sharma (2022) INSC 484 Read Post »

Supreme Court Upholds High Court Decision but Grants Relief to Student with Learning Disability: Naman Verma vs. The Director, IIT Bombay (2022)

/ Constitutional Law, Constitutional Law with Article 142, Constitutional Law with Article 226, Disability Law, Judges, Persons with Disabilities Act, 1995, Rights of Persons with Disabilities Act, 2016, S. Ravindra Bhat, Sudhanshu Dhulia, Uday Umesh Lalit

Supreme Court Upholds High Court Decision but Grants Relief to Student with Learning Disability LEGAL ISSUE: Whether a student with a learning disability, specifically Dyscalculia, is entitled to relief under the Persons with Disabilities Act, 1995. CASE TYPE: Education Law, Disability Rights. Case Name: Naman Verma vs. The Director, The Indian Institute of Technology Bombay

Supreme Court Upholds High Court Decision but Grants Relief to Student with Learning Disability: Naman Verma vs. The Director, IIT Bombay (2022) Read Post »

Supreme Court Limits Power to Modify Laws in Chandigarh: Independent Schools’ Association vs. Union of India (2022)

/ A.M. Khanwilkar, Abhay S. Oka, Constitutional Law, Constitutional Law with Article 14, Delegated Legislation, J.B. Pardiwala, Judges, Punjab Re-organisation Act, 1966, Punjab Re-organisation Act, 1966 with Section 87

Supreme Court Limits Power to Modify Laws in Chandigarh: Independent Schools’ Association vs. Union of India (2022) LEGAL ISSUE: Scope of power to modify laws extended to Union Territories. CASE TYPE: Education Law/Constitutional Law. Case Name: Independent Schools’ Association Chandigarh (Regd.) & Ors. vs. Union of India & Ors. [Judgment Date]: 11 May 2022 Date

Supreme Court Limits Power to Modify Laws in Chandigarh: Independent Schools’ Association vs. Union of India (2022) Read Post »

Supreme Court Directs Madhya Pradesh SEC to Hold Local Body Elections: Suresh Mahajan vs. State of Madhya Pradesh (2022)

/ A.M. Khanwilkar, Abhay S. Oka, C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 243-E, Constitutional Law with Article 243-U, Election Law, Judges, Madhya Pradesh Municipal Act, 1956, Madhya Pradesh Municipal Act, 1956 with Section 10(1)

Supreme Court Directs Madhya Pradesh SEC to Hold Local Body Elections: Suresh Mahajan vs. State of Madhya Pradesh (2022) LEGAL ISSUE: Whether the State Government can delay local body elections by citing ongoing delimitation or triple test compliance. CASE TYPE: Constitutional Law, Election Law Case Name: Suresh Mahajan vs. State of Madhya Pradesh & Anr.

Supreme Court Directs Madhya Pradesh SEC to Hold Local Body Elections: Suresh Mahajan vs. State of Madhya Pradesh (2022) Read Post »

Supreme Court Upholds Land Acquisition, Grants Enhanced Compensation: Noida vs. Ravindra Kumar (2022)

/ Abhay S. Oka, Ajay Rastogi, Compensation, Constitutional Law, Constitutional Law with Article 226, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 17, Land Acquisition Act, 1894 with Section 5A, Land Acquisition Act, 1894 with Section 6, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with Section 23, Writ Jurisdiction

Supreme Court Upholds Land Acquisition, Grants Enhanced Compensation: Noida vs. Ravindra Kumar (2022) LEGAL ISSUE: Whether the High Court was correct in not setting aside the land acquisition despite finding the invocation of the urgency clause illegal, and whether compensation should be awarded as per the 2013 Act. CASE TYPE: Land Acquisition Case Name: NOIDA

Supreme Court Upholds Land Acquisition, Grants Enhanced Compensation: Noida vs. Ravindra Kumar (2022) Read Post »

Supreme Court Upholds Disciplinary Action Against Judicial Officer for Misconduct in Land Compensation Cases: Muzaffar Husain vs. State of Uttar Pradesh (2022)

/ Bela M. Trivedi, Constitutional Law, Constitutional Law with Article 235, Dhananjaya Y. Chandrachud, Disciplinary Proceedings, Judges, Pension Curtailment, Service Law, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 6(e)

Supreme Court Upholds Disciplinary Action Against Judicial Officer for Misconduct in Land Compensation Cases LEGAL ISSUE: Whether a judicial officer can be disciplined for misconduct for awarding enhanced compensation in land acquisition cases. CASE TYPE: Disciplinary Proceedings/Service Law. Case Name: Muzaffar Husain vs. State of Uttar Pradesh and Anr. Judgment Date: 6 May 2022 Introduction

Supreme Court Upholds Disciplinary Action Against Judicial Officer for Misconduct in Land Compensation Cases: Muzaffar Husain vs. State of Uttar Pradesh (2022) Read Post »

Supreme Court clarifies procedure for preliminary issues in civil suits: Sathyanath vs. Sarojamani (2022)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XIV Rule 2, Code of Civil Procedure, 1908 with Order XLI, Code of Civil Procedure, 1908 with Order XX Rule 5, Constitutional Law, Constitutional Law with Article 227, Hemant Gupta, Judges, V. Ramasubramanian

Supreme Court clarifies procedure for preliminary issues in civil suits: Sathyanath vs. Sarojamani (2022) LEGAL ISSUE: Procedure for framing preliminary issues in civil suits CASE TYPE: Civil Procedure Case Name: Sathyanath & Anr. vs. Sarojamani [Judgment Date]: 6 May 2022 Date of the Judgment: 6 May 2022 Citation: 2022 INSC 445 Judges: Hemant Gupta, J.,

Supreme Court clarifies procedure for preliminary issues in civil suits: Sathyanath vs. Sarojamani (2022) Read Post »

Supreme Court clarifies rights of applicants under discontinued schemes: Ritu Maheshwari vs. Promotional Club (2022) INSC 447

/ Civil Law, Constitutional Law, Constitutional Law with Article 226, Judges, Land Allotment, Pamidighantam Sri Narasimha, S. Ravindra Bhat, Scheme Termination, Uday Umesh Lalit

Supreme Court clarifies rights of applicants under discontinued schemes: Ritu Maheshwari vs. Promotional Club (2022) INSC 447 LEGAL ISSUE: Whether an applicant has a right to allotment under a discontinued scheme. CASE TYPE: Civil Law, Land Allotment Case Name: Ritu Maheshwari vs. M/s. Promotional Club Judgment Date: May 5, 2022 Date of the Judgment: May

Supreme Court clarifies rights of applicants under discontinued schemes: Ritu Maheshwari vs. Promotional Club (2022) INSC 447 Read Post »

Kerala Arbitration Act Overruled: Supreme Court Upholds Judicial Power (2022)

/ Arbitration Act, 1940, Arbitration and Conciliation Act, 1996, Arbitration Law, B.R. Gavai, Constitutional Law, Constitutional Law with Article 254, Judges, L. Nageswara Rao, Legislative Competence, Separation of Powers

Kerala Arbitration Act Overruled: Supreme Court Upholds Judicial Power (2022) LEGAL ISSUE: Legislative competence of a State to enact laws impacting arbitration and encroachment on judicial power. CASE TYPE: Civil Appellate Jurisdiction Case Name: The Secretary to Govt. of Kerala, Irrigation Department and Others vs. James Varghese and Others Judgment Date: 04 May 2022 Introduction

Kerala Arbitration Act Overruled: Supreme Court Upholds Judicial Power (2022) Read Post »

Supreme Court Upholds Statutory Remedy in Arbitration Dispute: M/s. Kelkar & Kelkar vs. M/s. Hotel Pride Executive Pvt. Ltd. (2022)

/ Arbitration Act, 1940, Arbitration Act, 1940 with Appeal, B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 227, Judges, M. R. Shah, Statutory Remedies

Supreme Court Upholds Statutory Remedy in Arbitration Dispute: M/s. Kelkar & Kelkar vs. M/s. Hotel Pride Executive Pvt. Ltd. (2022) LEGAL ISSUE: Whether a High Court can entertain a writ petition under Articles 226 and 227 of the Constitution of India against an arbitral award when a statutory remedy of appeal is available under the

Supreme Court Upholds Statutory Remedy in Arbitration Dispute: M/s. Kelkar & Kelkar vs. M/s. Hotel Pride Executive Pvt. Ltd. (2022) Read Post »

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