Constitutional Law Archives

Supreme Court clarifies compensation under Employee’s Compensation Act: K Sivaraman & Ors vs P Sathishkumar & Anr (2020)

February 13, 2020 / Ajay Rastogi, Constitutional Law, Constitutional Law with Article 142, Determination of Compensation, Dhananjaya Y Chandrachud, Employee's Compensation Act, 1923, Employee's Compensation Act, 1923 with Section 4, Employee's Compensation Act, 1923 with Section 5, Judges

Supreme Court clarifies compensation under Employee’s Compensation Act: K Sivaraman & Ors vs P Sathishkumar & Anr (2020) LEGAL ISSUE: Determination of the relevant date for calculating compensation under the Employee’s Compensation Act, 1923, specifically regarding the applicability of amendments enhancing compensation amounts. CASE TYPE: Employee Compensation Law Case Name: K Sivaraman & Ors vs […]

Supreme Court clarifies compensation under Employee’s Compensation Act: K Sivaraman & Ors vs P Sathishkumar & Anr (2020) Read Post »

Supreme Court Clarifies Promotion Policy for Army Officers: Brig. Nalin Kumar Bhatia vs. Union of India (2020)

February 11, 2020 / Armed Forces, Constitutional Law, Constitutional Law with Article 16, Fundamental Rights, Hemant Gupta, Judges, L. Nageswara Rao, Promotion Policy, Service Law

Supreme Court Clarifies Promotion Policy for Army Officers: Brig. Nalin Kumar Bhatia vs. Union of India (2020) LEGAL ISSUE: Whether non-empanelment for promotion was contrary to the promotion policy. CASE TYPE: Service Law (Armed Forces) Case Name: Brig. Nalin Kumar Bhatia vs. Union of India and Ors. Judgment Date: 11 February 2020 Date of the

Supreme Court Clarifies Promotion Policy for Army Officers: Brig. Nalin Kumar Bhatia vs. Union of India (2020) Read Post »

Supreme Court Upholds Cut-off Date for Freedom Fighter Pension: Government of India vs. Sitakant S. Dubhashi (2020)

February 11, 2020 / Ashok Bhushan, Constitutional Law, Constitutional Law with Article 14, Judges, Navin Sinha, Pension Law, Pension Law with Cut-off Date, Pension Schemes

Supreme Court Upholds Cut-off Date for Freedom Fighter Pension: Government of India vs. Sitakant S. Dubhashi (2020) LEGAL ISSUE: Whether a cut-off date can be imposed for eligibility for pension under a scheme for freedom fighters. CASE TYPE: Civil Appeal Case Name: Government of India & Ors. vs. Sitakant S. Dubhashi & Anr. [Judgment Date]:

Supreme Court Upholds Cut-off Date for Freedom Fighter Pension: Government of India vs. Sitakant S. Dubhashi (2020) Read Post »

U.P. Avas Vikas Parishad Employee Service Conditions: Supreme Court Refers to Larger Bench (10 February 2020)

February 10, 2020 / Ashok Bhushan, Constitutional Law, Constitutional Law with Article 162, Judges, M.R. Shah, Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965, Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 with Section 15, Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 with Section 8, Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 with Section 95

Supreme Court Refers U.P. Avas Evam Vikas Parishad Service Condition Dispute to Larger Bench Date of the Judgment: 10 February 2020 Judges: Ashok Bhushan, J. and M.R. Shah, J. Can a state government control the service conditions of employees of a housing board? The Supreme Court of India has referred this crucial question to a

U.P. Avas Vikas Parishad Employee Service Conditions: Supreme Court Refers to Larger Bench (10 February 2020) Read Post »

Supreme Court Upholds SC/ST Act Amendments, Clarifies Anticipatory Bail

February 10, 2020 / Anticipatory Bail, Arun Mishra, Code of Criminal Procedure, Code of Criminal Procedure with Section 438, Code of Criminal Procedure with Section 482, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 15, Constitutional Law with Article 21, Judges, S. Ravindra Bhat, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 with Section 18, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 with Section 18A

Supreme Court Upholds SC/ST Act Amendments, Clarifies Anticipatory Bail LEGAL ISSUE: Validity of amendments to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the extent of the bar on anticipatory bail. CASE TYPE: Criminal Law, Constitutional Law Case Name: Prathvi Raj Chauhan vs. Union of India & Ors. [Judgment Date]: 10

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Supreme Court quashes High Court order staying transfer of government employee: Union of India vs. Deepak Niranjan Nath Pandit (2020)

February 7, 2020 / Constitutional Law, Constitutional Law with Article 226, Dhananjaya Y Chandrachud, Indu Malhotra, Judges, Judicial Review of Transfer Orders, Service Law, Transfer of Government Employees

Supreme Court quashes High Court order staying transfer of government employee: Union of India vs. Deepak Niranjan Nath Pandit (2020) Date of the Judgment: February 7, 2020 Citation: 2020 INSC 123 Judges: Dr. Dhananjaya Y Chandrachud, J and Indu Malhotra, J. Can a High Court interfere with a routine transfer order of a government employee?

Supreme Court quashes High Court order staying transfer of government employee: Union of India vs. Deepak Niranjan Nath Pandit (2020) Read Post »

ONGC Regularisation: Supreme Court Refers Case to Larger Bench on Interpretation of Standing Orders and Unfair Labour Practices

February 7, 2020 / Ajay Rastogi, Constitutional Law, Constitutional Law with Article 226, Dhananjaya Y Chandrachud, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 2(ra), Industrial Disputes Act, 1947 with Section 25(T), Judges, Unfair Labour Practices

Supreme Court refers ONGC Regularisation Case to Larger Bench Date of the Judgment: February 7, 2020 Judges: Dr Dhananjaya Y Chandrachud, J and Ajay Rastogi, J. Can a temporary employee of a public sector undertaking, who has worked for more than 240 days, automatically become a permanent employee? The Supreme Court of India grappled with

ONGC Regularisation: Supreme Court Refers Case to Larger Bench on Interpretation of Standing Orders and Unfair Labour Practices Read Post »

Supreme Court Clarifies State’s Discretion on Reservation in Promotions: Mukesh Kumar vs. State of Uttarakhand (2020)

February 7, 2020 / Constitutional Law, Constitutional Law with Article 16(4), Constitutional Law with Article 16(4A), Fundamental Rights, Hemant Gupta, Judges, L. Nageswara Rao, Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994, Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 with Section 3(7)

Supreme Court Clarifies State’s Discretion on Reservation in Promotions: Mukesh Kumar vs. State of Uttarakhand (2020) Date of the Judgment: 07 February 2020 Citation: (2020) INSC 123 Judges: L. Nageswara Rao, J. and Hemant Gupta, J. Can a state government be compelled to provide reservations in promotions for Scheduled Castes and Scheduled Tribes? The Supreme

Supreme Court Clarifies State’s Discretion on Reservation in Promotions: Mukesh Kumar vs. State of Uttarakhand (2020) Read Post »

Supreme Court Upholds Cut-off Date for Triple Benefit Scheme in Bihar Deficit Colleges: Md. Ali Imam & Ors. vs. The State of Bihar (2020) INSC 92 (04 February 2020)

February 4, 2020 / Conditions of Service, Constitutional Law, Constitutional Law with Article 14, Judges, K.M. Joseph, Right to Equality, Sanjay Kishan Kaul, Service Law, Service Law with Cut-off Date

Supreme Court Upholds Cut-off Date for Triple Benefit Scheme in Bihar Deficit Colleges Date of the Judgment: 04 February 2020 Citation: (2020) INSC 92 Judges: Sanjay Kishan Kaul, J. and K.M. Joseph, J. Can a government set a cut-off date for extending benefits to employees, even if it creates a distinction between those who retired

Supreme Court Upholds Cut-off Date for Triple Benefit Scheme in Bihar Deficit Colleges: Md. Ali Imam & Ors. vs. The State of Bihar (2020) INSC 92 (04 February 2020) Read Post »

Supreme Court Directs PCI to Recognize Past Admissions of Shirpur Education Society in Pharmacy Courses (31 January 2020)

January 31, 2020 / Constitutional Law, Constitutional Law with Article 19(1)(g), Education Law, Education Law with All India Council for Technical Education Act, 1987, Judges, Pharmacy Education, R.F. Nariman, S. Ravindra Bhat, Technical Education

Supreme Court Directs PCI to Recognize Past Admissions of Shirpur Education Society Date of the Judgment: 31 January 2020 Citation: [Not Available in Source] Judges: Justice R.F. Nariman and Justice S. Ravindra Bhat Can a regulatory body reduce the student intake of an existing educational institution? The Supreme Court of India recently addressed this question

Supreme Court Directs PCI to Recognize Past Admissions of Shirpur Education Society in Pharmacy Courses (31 January 2020) Read Post »

Supreme Court Upholds Alternative Site Allotment for Demolished Structures: Municipal Corporation of Greater Mumbai vs. Panna Mahesh Chandra Dave (2020)

January 31, 2020 / Bombay Municipal Corporation Act, Bombay Municipal Corporation Act with Section 351, Constitutional Law, Constitutional Law with Article 136, Judges, N.V. Ramana, V. Ramasubramanian, Vineet Saran

Supreme Court Upholds Alternative Site Allotment for Demolished Structures: Municipal Corporation of Greater Mumbai vs. Panna Mahesh Chandra Dave (2020) LEGAL ISSUE: Whether the Municipal Corporation can demolish structures without following due process and without providing alternative accommodation to affected tenants. CASE TYPE: Civil. Case Name: Municipal Commissioner, Municipal Corporation of Greater Mumbai & Ors.

Supreme Court Upholds Alternative Site Allotment for Demolished Structures: Municipal Corporation of Greater Mumbai vs. Panna Mahesh Chandra Dave (2020) Read Post »

Supreme Court Allows Transportation of Mined Ore Post Dues Payment: State of Odisha vs. Jindal Steel and Power Ltd. (2020)

January 30, 2020 / B.R. Gavai, Constitutional Law, Judges, Mines and Minerals (Development & Regulation) Act, 1957, Mines and Minerals (Development & Regulation) Act, 1957 with Section 3(d), Mining Operations, S. A. Bobde, Surya Kant

Supreme Court Allows Transportation of Mined Ore Post Dues Payment: State of Odisha vs. Jindal Steel and Power Ltd. (2020) LEGAL ISSUE: Whether a buyer of already mined and processed iron ore can be restricted from transporting it from the seller’s lease area due to the seller’s lack of environmental clearance, despite the buyer having

Supreme Court Allows Transportation of Mined Ore Post Dues Payment: State of Odisha vs. Jindal Steel and Power Ltd. (2020) Read Post »