Constitutional Law

Matrimonial Home Rights: Supreme Court Directs Accommodation in Redeveloped Property in Aishwarya Atul Pusalkar vs. Maharashtra Housing & Area Development Authority (27 April 2020)

/ Aniruddha Bose, Constitutional Law, Constitutional Law with Article 142, Constitutional Law with Article 226, Deepak Gupta, Hindu Adoption and Maintenance Act, 1956, Hindu Adoption and Maintenance Act, 1956 with Section 18, Judges, Maharashtra Housing and Area Development Act, 1976, Maharashtra Housing and Area Development Act, 1976 with Section 177, Maharashtra Housing and Area Development Act, 1976 with Section 2(25), Maharashtra Housing and Area Development Act, 1976 with Section 95-A, Protection of Women from Domestic Violence Act, 2005, Protection of Women from Domestic Violence Act, 2005 with Section 19, Protection of Women from Domestic Violence Act, 2005 with Section 2(s), Protection of Women from Domestic Violence Act, 2005 with Section 3(iv)

Supreme Court Directs Accommodation for Wife in Matrimonial Dispute: Aishwarya Atul Pusalkar vs. Maharashtra Housing & Area Development Authority (2020) LEGAL ISSUE: Whether a wife can enforce her right to reside in her matrimonial home through a writ petition, especially when the original home was part of a redevelopment project under the Maharashtra Housing and […]

Matrimonial Home Rights: Supreme Court Directs Accommodation in Redeveloped Property in Aishwarya Atul Pusalkar vs. Maharashtra Housing & Area Development Authority (27 April 2020) Read Post »

Supreme Court Clarifies “Ordinary Course of Transit” in Marine Insurance: Bajaj Allianz vs. State of Madhya Pradesh (24 April 2020)

/ Ajay Rastogi, Constitutional Law, Constitutional Law with Article 136, Dhananjaya Y Chandrachud, Insurance Law, Insurance Law with Institute Cargo Clauses (ICC), Judges, Marine Insurance

Supreme Court Clarifies “Ordinary Course of Transit” in Marine Insurance: Bajaj Allianz vs. State of Madhya Pradesh (2020) Date of the Judgment: 24 April 2020 Citation: (2020) INSC 329 Judges: Dr. Dhananjaya Y Chandrachud, J and Ajay Rastogi, J Can the unpacking and assembly of a helicopter at an intermediate location be considered part of

Supreme Court Clarifies “Ordinary Course of Transit” in Marine Insurance: Bajaj Allianz vs. State of Madhya Pradesh (24 April 2020) Read Post »

Supreme Court Upholds Validity of Section 43B(f) of Income Tax Act in Leave Encashment Deductions: Union of India vs. Exide Industries Limited (2020) INSC 305 (24 April 2020)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 14, Dinesh Maheshwari, Fundamental Rights, Hemant Gupta, Income Tax Act, 1961, Income Tax Act, 1961 with Section 145, Income Tax Act, 1961 with Section 43B, Judges

Supreme Court Upholds Validity of Section 43B(f) of Income Tax Act in Leave Encashment Deductions Date of the Judgment: 24 April 2020 Citation: (2020) INSC 305 Judges: A.M. Khanwilkar, J., Hemant Gupta, J., and Dinesh Maheshwari, J. The Supreme Court of India addressed a critical question regarding the validity of Section 43B(f) of the Income

Supreme Court Upholds Validity of Section 43B(f) of Income Tax Act in Leave Encashment Deductions: Union of India vs. Exide Industries Limited (2020) INSC 305 (24 April 2020) Read Post »

Supreme Court Upholds Delhi Higher Judicial Service Rules in Promotion Dispute (24 April 2020)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 233, Delhi Higher Judicial Service Rules, 1970, Dinesh Maheshwari, Fundamental Rights, Judges, Promotion, Service Law

Supreme Court Upholds Delhi Higher Judicial Service Rules in Promotion Dispute (24 April 2020) LEGAL ISSUE: Validity of promotion criteria based on Annual Confidential Reports (ACR) gradings for District Judge positions. CASE TYPE: Service Law. Case Name: Sujata Kohli vs. Registrar General, High Court of Delhi & Ors. [Judgment Date]: 24 April 2020 Date of

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Supreme Court Upholds State’s Authority to Set Sugarcane Prices Above Central Minimum: West U.P. Sugar Mills Association vs. State of Uttar Pradesh (22 April 2020)

/ Aniruddha Bose, Arun Mishra, Concurrent List, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 246, Essential Commodities Act, 1955, Essential Commodities Act, 1955 with Section 3(2)(c), Indira Banerjee, Judges, M.R. Shah, Vineet Saran

Supreme Court Clarifies State Power to Fix Sugarcane Prices Above Central Minimum Date of the Judgment: 22 April 2020 Judges: Arun Mishra, Indira Banerjee, Vineet Saran, M.R. Shah, Aniruddha Bose Can a state government fix sugarcane prices that are higher than the minimum price set by the central government? This was the core legal question

Supreme Court Upholds State’s Authority to Set Sugarcane Prices Above Central Minimum: West U.P. Sugar Mills Association vs. State of Uttar Pradesh (22 April 2020) Read Post »

Supreme Court Upholds Regularization of Teachers Appointed Under Himachal Pradesh Schemes (2020)

/ Constitutional Law, Constitutional Law with Article 309, Government Schemes, Himachal Pradesh Service Rules, Judges, Mohan M. Shantanagoudar, R. Subhash Reddy, Regularization of Employees, Service Law

Supreme Court Upholds Regularization of Teachers Appointed Under Himachal Pradesh Schemes (2020) LEGAL ISSUE: Whether teachers appointed under various schemes by the Himachal Pradesh government can be regularized despite initial conditions against regularization and alleged violations of recruitment rules. CASE TYPE: Service Law Case Name: Chander Mohan Negi & Ors. vs. State of Himachal Pradesh

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Supreme Court Upholds “Catch-Up Rule” in Seniority for General Category Promotees: Pravakar Mallick vs. State of Orissa (2020)

/ Catch-Up Rule, Constitutional Law, Constitutional Law with Article 16, Constitutional Law with Article 16(4A), Fundamental Rights, Judges, Mohan M. Shantanagoudar, R. Subhash Reddy, Reservation in Promotion, Seniority, Service Law

Supreme Court Upholds “Catch-Up Rule” in Seniority for General Category Promotees: Pravakar Mallick vs. State of Orissa (2020) Date of the Judgment: April 17, 2020 Citation: 2020 INSC 329 Judges: Mohan M. Shantanagoudar, J. and R. Subhash Reddy, J. Can a state government grant seniority to Scheduled Caste/Scheduled Tribe (SC/ST) employees promoted through reservation, even

Supreme Court Upholds “Catch-Up Rule” in Seniority for General Category Promotees: Pravakar Mallick vs. State of Orissa (2020) Read Post »

Floor Test Ordered: Supreme Court Resolves Madhya Pradesh Assembly Crisis (2020)

/ Constitutional Law, Constitutional Law with Article 168, Constitutional Law with Article 174, Dhananjaya Y Chandrachud, Hemant Gupta, Judges, Legislative Procedure

Supreme Court Orders Floor Test in Madhya Pradesh Amidst Resignation Crisis LEGAL ISSUE: Whether the Governor can order a floor test in a running legislative assembly. CASE TYPE: Constitutional Law, Legislative Procedure Case Name: Shivraj Singh Chouhan & Ors. vs. Speaker Madhya Pradesh Legislative Assembly & Ors. [Judgment Date]: 13 April 2020 Date of the

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Supreme Court Quashes PTI Selection in Haryana Due to Arbitrary Criteria Changes: Ramjit Singh Kardam & Ors. vs. Sanjeev Kumar & Ors. (2020) INSC 218 (08 April 2020)

/ Ashok Bhushan, Constitutional Law, Constitutional Law with Article 309, Estoppel, Judges, Navin Sinha, Recruitment Rules, Selection Process, Service Law

Supreme Court Quashes PTI Selection in Haryana Due to Arbitrary Criteria Changes Date of the Judgment: 08 April 2020 Citation: (2020) INSC 218 Judges: Ashok Bhushan, J., Navin Sinha, J. Can a selection process be deemed fair when the criteria are changed arbitrarily mid-way? The Supreme Court of India recently addressed this question in a

Supreme Court Quashes PTI Selection in Haryana Due to Arbitrary Criteria Changes: Ramjit Singh Kardam & Ors. vs. Sanjeev Kumar & Ors. (2020) INSC 218 (08 April 2020) Read Post »

Supreme Court Directs Use of Video Conferencing for Court Functioning During COVID-19 Pandemic

/ Constitutional Law, Constitutional Law with Article 142, D.Y. Chandrachud, e-Courts Integrated Mission Mode Project, Judges, L. Nageswara Rao, S.A. Bobde, Technology in Courts, Video Conferencing

Supreme Court Directs Use of Video Conferencing for Court Functioning During COVID-19 Pandemic Date of the Judgment: April 6, 2020 Citation: Suo Motu Writ (Civil) No. 5/2020 Judges: S.A. Bobde, CJI, D.Y. Chandrachud, J., L. Nageswara Rao, J. The COVID-19 pandemic necessitated a shift in how courts function. The Supreme Court of India, recognizing the

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Supreme Court Grants Bail Citing Right to Speedy Trial in UAPA Case: Tapas Kumar Palit vs. State of Chhattisgarh (2025)

/ Constitutional Law, Constitutional Law with Article 21, Indian Penal Code, 1860, Indian Penal Code, 1860 with Sections 120B, 201, and 149, J.B. Pardiwala, Judges, R. Mahadevan, Unlawful Activities Prevention Act, 1967, Unlawful Activities Prevention Act, 1967 with Sections 10, 13, 17, 38(1)(2), 40, 22-A, and 22-C

Introduction Date of the Judgment: 14th February, 2025 Citation: 2025 INSC 222 Judges: Hon’ble Mr. Justice J.B. Pardiwala and Hon’ble Mr. Justice R. Mahadevan What happens when the wheels of justice turn too slowly? The Supreme Court of India recently addressed this critical question in a case involving the Unlawful Activities Prevention Act (UAPA), emphasizing

Supreme Court Grants Bail Citing Right to Speedy Trial in UAPA Case: Tapas Kumar Palit vs. State of Chhattisgarh (2025) Read Post »

Supreme Court Upholds Rejection of Mercy Petition in Pawan Kumar Gupta v. State of NCT of Delhi (20 March 2020)

/ A.S. Bopanna, Ashok Bhushan, Constitutional Law, Constitutional Law with Article 72, Criminal Law, Judges, Judicial Review, Juvenility Claim, Mercy Petition, R. Banumathi

Supreme Court Upholds Rejection of Mercy Petition in Pawan Kumar Gupta v. State of NCT of Delhi (2020) LEGAL ISSUE: Whether the President of India’s rejection of a mercy petition can be judicially reviewed, and whether the petitioner’s claim of juvenility was validly rejected. CASE TYPE: Criminal Case Name: Pawan Kumar Gupta v. State of

Supreme Court Upholds Rejection of Mercy Petition in Pawan Kumar Gupta v. State of NCT of Delhi (20 March 2020) Read Post »

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