Constitutional Law

Supreme Court Ensures Equal Land Allotment for All Mill Workers: Modified Voluntary Retirement Scheme of 2002 of Azam Jahi Mill Workers Association vs. National Textile Corporation Limited & Ors. (26 October 2021)

/ A.S. Bopanna, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Judges, M.R. Shah

Supreme Court Orders Parity in Land Allotment for Mill Workers Date of the Judgment: 26 October 2021 Citation: Modified Voluntary Retirement Scheme of 2002 of Azam Jahi Mill Workers Association vs. National Textile Corporation Limited & Ors., Civil Appeal Nos. 6260-61 of 2021 Judges: M.R. Shah, J. and A.S. Bopanna, J. Can a group of […]

Supreme Court Ensures Equal Land Allotment for All Mill Workers: Modified Voluntary Retirement Scheme of 2002 of Azam Jahi Mill Workers Association vs. National Textile Corporation Limited & Ors. (26 October 2021) Read Post »

Supreme Court Upholds Labour Court Decision on Transfer of Employees: Caparo Engineering India Ltd. vs. Ummed Singh Lodhi and Ors. (26 October 2021)

/ A.S. Bopanna, Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 227, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Fourth Schedule, Industrial Disputes Act, 1947 with Section 2(s), Industrial Disputes Act, 1947 with Section 9A, Judges, M.R. Shah

Supreme Court Upholds Labour Court Decision on Transfer of Employees: Caparo Engineering India Ltd. vs. Ummed Singh Lodhi and Ors. (2021) LEGAL ISSUE: Whether the transfer of employees constitutes a change in service conditions requiring notice under Section 9A of the Industrial Disputes Act, 1947. CASE TYPE: Industrial Dispute/Labour Law Case Name: Caparo Engineering India

Supreme Court Upholds Labour Court Decision on Transfer of Employees: Caparo Engineering India Ltd. vs. Ummed Singh Lodhi and Ors. (26 October 2021) Read Post »

Supreme Court Quashes SC/ST Act Case Based on Compromise: Ramawatar vs. State of Madhya Pradesh (25 October 2021)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 320, Code of Criminal Procedure, 1973 with Section 482, Constitutional Law, Constitutional Law with Article 142, Hima Kohli, Judges, N.V. Ramana, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 with Section 3(1)(x), Surya Kant

Supreme Court Quashes SC/ST Act Case Based on Compromise: Ramawatar vs. State of Madhya Pradesh (2021) LEGAL ISSUE: Can the Supreme Court quash criminal proceedings under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, based on a compromise between the parties? CASE TYPE: Criminal Case Name: Ramawatar vs. State of Madhya Pradesh

Supreme Court Quashes SC/ST Act Case Based on Compromise: Ramawatar vs. State of Madhya Pradesh (25 October 2021) Read Post »

Supreme Court Upholds Water Tax on Premises: Jalkal Vibhag Nagar Nigam vs. Pradeshiya Industrial and Investment Corporation (2021)

/ BV Nagarathna, Constitutional Law, Constitutional Law with Entry 49 of List II, Dhananjaya Y Chandrachud, Judges, Legislative Competence, Uttar Pradesh Water Supply and Sewerage Act, 1975, Uttar Pradesh Water Supply and Sewerage Act, 1975 with Section 52, Vikram Nath, Water Tax

Supreme Court Upholds Water Tax on Premises: Jalkal Vibhag Nagar Nigam vs. Pradeshiya Industrial and Investment Corporation (2021) LEGAL ISSUE: Whether the levy of water tax by Jal Sansthan is a tax on lands and buildings, and whether the State Legislature has the competence to levy such a tax. CASE TYPE: Civil Law, Taxation Case

Supreme Court Upholds Water Tax on Premises: Jalkal Vibhag Nagar Nigam vs. Pradeshiya Industrial and Investment Corporation (2021) Read Post »

Supreme Court Upholds KCOCA Invocation in Gauri Lankesh Murder Case: Kavitha Lankesh vs. State of Karnataka (21 October 2021)

/ A.M. Khanwilkar, Arms Act, 1959, C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 21, Dinesh Maheshwari, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Judges, Karnataka Control of Organised Crimes Act, 2000, Karnataka Control of Organised Crimes Act, 2000 with Section 24, Karnataka Control of Organised Crimes Act, 2000 with Section 3, Offences Against Human Body, Organized Crime

Supreme Court Upholds KCOCA Invocation in Gauri Lankesh Murder Case LEGAL ISSUE: Whether prior approval under Section 24(1)(a) of the Karnataka Control of Organised Crimes Act, 2000 (KCOCA) for recording information about an organized crime is valid, and whether the High Court was correct in quashing the chargesheet against an accused based on the interpretation

Supreme Court Upholds KCOCA Invocation in Gauri Lankesh Murder Case: Kavitha Lankesh vs. State of Karnataka (21 October 2021) Read Post »

Supreme Court Quashes High Court Order on Gas Allocation: Vaibhavi Enterprise vs. Nobel Cera Coat (21 October 2021)

/ A.S. Bopanna, Bidding, Constitutional Law, Constitutional Law with Article 226, Contract Law, Judges, M.R. Shah, Tender Process

Supreme Court Quashes High Court Order on Gas Allocation: Vaibhavi Enterprise vs. Nobel Cera Coat (2021) LEGAL ISSUE: Whether a High Court can allow a writ petitioner to modify its bid in a tender process under Article 226 of the Constitution of India without giving an opportunity to other bidders. CASE TYPE: Contract Law, Writ

Supreme Court Quashes High Court Order on Gas Allocation: Vaibhavi Enterprise vs. Nobel Cera Coat (21 October 2021) Read Post »

Supreme Court Upholds Selection Criteria Based on Experience in Junior Lab Technician Appointment: Srinivas K Gouda vs. Karnataka Institute of Medical Sciences (2021)

/ BV Nagarathna, Constitutional Law, Constitutional Law with Article 226, Dhananjaya Y Chandrachud, Experience Criteria, Government Jobs, Judges, Selection Process, Service Law

Supreme Court Upholds Selection Criteria Based on Experience in Junior Lab Technician Appointment: Srinivas K Gouda vs. Karnataka Institute of Medical Sciences (2021) LEGAL ISSUE: Whether a selection committee can give weightage to experience, particularly in government institutions, when selecting candidates for a job, even if the original job advertisement did not specify experience as

Supreme Court Upholds Selection Criteria Based on Experience in Junior Lab Technician Appointment: Srinivas K Gouda vs. Karnataka Institute of Medical Sciences (2021) Read Post »

Supreme Court Clarifies Preliminary Inquiry Not Mandatory in Corruption Cases: CBI vs. Vijayalakshmi (2021)

/ B V Nagarathna, Code of Criminal Procedure, Code of Criminal Procedure with Section 154, Code of Criminal Procedure with Section 482, Constitutional Law, Constitutional Law with Article 226, Dhananjaya Y Chandrachud, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 109, Judges, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(1)(e), Prevention of Corruption Act, 1988 with Section 13(2), Vikram Nath

Supreme Court Clarifies Preliminary Inquiry Not Mandatory in Corruption Cases: CBI vs. Vijayalakshmi (2021) LEGAL ISSUE: Whether a Preliminary Inquiry is mandatory before registering an FIR in corruption cases involving public servants. CASE TYPE: Criminal Law, Prevention of Corruption Case Name: Central Bureau of Investigation (CBI) and Anr. vs. Thommandru Hannah Vijayalakshmi @ T.H. Vijayalakshmi

Supreme Court Clarifies Preliminary Inquiry Not Mandatory in Corruption Cases: CBI vs. Vijayalakshmi (2021) Read Post »

Supreme Court Affirms National Green Tribunal’s Suo Motu Powers in Environmental Cases (7 October 2021)

/ A.M. Khanwilkar, C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 21, Hrishikesh Roy, Judges, National Green Tribunal Act, 2010, National Green Tribunal Act, 2010 with Section 14, National Green Tribunal Act, 2010 with Section 19, National Green Tribunal Act, 2010 with Section 20

Supreme Court Affirms National Green Tribunal’s Suo Motu Powers in Environmental Cases (2021) LEGAL ISSUE: Whether the National Green Tribunal (NGT) has the power to initiate actions on its own (suo motu) in environmental matters. CASE TYPE: Environmental Law, Tribunal Law Case Name: Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors. Judgment Date:

Supreme Court Affirms National Green Tribunal’s Suo Motu Powers in Environmental Cases (7 October 2021) Read Post »

Supreme Court Upholds Tenure-Based Appointment in CPRI: Union of India vs. N Murugesan (2021)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Constitutional Law with Article 226, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 3, Indian Contract Act, 1872 with Section 39, Indian Contract Act, 1872 with Section 7, Judges, M.M. Sundresh, Sanjay Kishan Kaul

Supreme Court Upholds Tenure-Based Appointment in CPRI: Union of India vs. N Murugesan (2021) LEGAL ISSUE: Whether a tenure-based appointment through direct recruitment is valid under the Central Power Research Institute (CPRI) rules. CASE TYPE: Service Law. Case Name: Union of India & Others vs. N Murugesan ETC. Judgment Date: 07 October 2021 Introduction Date

Supreme Court Upholds Tenure-Based Appointment in CPRI: Union of India vs. N Murugesan (2021) Read Post »

Supreme Court Recalls Custody Order, Cites Fraud in Child Custody Battle: Smriti Madan Kansagra vs. Perry Kansagra (2021)

/ Ajay Rastogi, Constitutional Law, Constitutional Law with Article 53, Fundamental Rights, Guardianship and Wards Act, 1890, Guardianship and Wards Act, 1890 with Section 10, Guardianship and Wards Act, 1890 with Section 7, Hemant Gupta, Judges, Uday Umesh Lalit

Supreme Court Recalls Custody Order, Cites Fraud in Smriti Madan Kansagra vs. Perry Kansagra (2021) LEGAL ISSUE: Fraudulent procurement of a child custody order. CASE TYPE: Family Law, Guardianship. Case Name: Smriti Madan Kansagra vs. Perry Kansagra. Judgment Date: 7 October 2021 Introduction Date of the Judgment: 7 October 2021 Citation: Not Available Judges: Uday

Supreme Court Recalls Custody Order, Cites Fraud in Child Custody Battle: Smriti Madan Kansagra vs. Perry Kansagra (2021) Read Post »

Supreme Court Limits Government Accommodation for Kashmiri Migrants: Union of India vs. Omkar Nath Dhar (2021)

/ A.S. Bopanna, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Hemant Gupta, Judges, Public Premises (Eviction of Unauthorised Occupants) Act, 1971

Supreme Court Limits Government Accommodation for Kashmiri Migrants: Union of India vs. Omkar Nath Dhar (2021) LEGAL ISSUE: Whether retired Kashmiri migrant government employees are entitled to retain government accommodation indefinitely. CASE TYPE: Civil Case Name: Union of India & Anr. vs. Omkar Nath Dhar (D) Through L.Rs. Judgment Date: 7 October 2021 Introduction Date

Supreme Court Limits Government Accommodation for Kashmiri Migrants: Union of India vs. Omkar Nath Dhar (2021) Read Post »

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