Arun Mishra Archives

Supreme Court Upholds Stringent Penalties under Pre-Conception and Pre-Natal Diagnostic Techniques Act for Record-Keeping Anomalies: Federation of Obstetrics and Gynecological Societies of India vs. Union of India (2019)

May 3, 2019 / Arun Mishra, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Fundamental Rights, Judges, Offences and Penalties, Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994, Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 with Section 23, Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 with Section 4, Vineet Saran

Supreme Court Upholds Stringent Penalties under Pre-Conception and Pre-Natal Diagnostic Techniques Act for Record-Keeping Anomalies: Federation of Obstetrics and Gynecological Societies of India vs. Union of India (2019) LEGAL ISSUE: Whether stringent penalties for minor clerical errors in record-keeping under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 are constitutional. CASE […]

Supreme Court Clarifies Eligibility for Drug Inspector Posts: Maharashtra Public Service Commission vs. Sandeep Shriram Warade (2019)

May 3, 2019 / Arun Mishra, Drugs and Cosmetics Act, 1940, Drugs and Cosmetics Act, 1940 with Section 3(f), Eligibility Criteria, Judges, Navin Sinha, Recruitment, Service Law

Supreme Court Clarifies Eligibility for Drug Inspector Posts: Maharashtra Public Service Commission vs. Sandeep Shriram Warade (2019) LEGAL ISSUE: Whether research experience in a laboratory is equivalent to practical experience in the manufacture or testing of drugs for the purpose of eligibility for the post of Assistant Commissioner (Drugs) and Drug Inspectors. CASE TYPE: Service

Supreme Court Clarifies Eligibility for Drug Inspector Posts: Maharashtra Public Service Commission vs. Sandeep Shriram Warade (2019) Read Post »

Supreme Court Upholds 23:77 Standby Charge Ratio Between Tata Power and Adani Electricity: Civil Appeal (2 May 2019)

May 2, 2019 / Arun Mishra, Electricity Regulatory Commissions Act, 1998, Electricity Regulatory Commissions Act, 1998 with Section 29(3), Judges, S. Abdul Nazeer, Standby Charges, Tariff Determination

Supreme Court Upholds 23:77 Standby Charge Ratio Between Tata Power and Adani Electricity Date of the Judgment: 2 May 2019 The Supreme Court of India addressed a long-standing dispute regarding the sharing of standby charges between Tata Power Company Ltd. (TPC) and Adani Electricity Mumbai Ltd. (formerly Reliance Energy Limited). The core issue revolved around

Supreme Court Upholds 23:77 Standby Charge Ratio Between Tata Power and Adani Electricity: Civil Appeal (2 May 2019) Read Post »

Supreme Court Upholds Mutual Transfers for SSA Teachers: State of Karnataka vs. Krishna Kumar (2019)

April 23, 2019 / Arun Mishra, Judges, Navin Sinha, Service Law, Service Law with Karnataka Civil Services (Regulation of Transfers of Teachers) Act, 2007, Transfer of Teachers

Supreme Court Upholds Mutual Transfers for SSA Teachers: State of Karnataka vs. Krishna Kumar (2019) LEGAL ISSUE: Whether the State Government can allow mutual transfers of teachers under the Sarva Shiksha Abhiyan (SSA) scheme through executive orders, or if such transfers must be governed strictly by the Karnataka Civil Services (Regulation of Transfers of Teachers)

Supreme Court Upholds Mutual Transfers for SSA Teachers: State of Karnataka vs. Krishna Kumar (2019) Read Post »

Supreme Court Clarifies Rights of Empaneled Candidates: KSRTC vs. Akhilesh V.S. (2019)

April 1, 2019 / Appointment, Arun Mishra, Judges, Navin Sinha, Rank List, Service Law, Service Law with Employer's Discretion

Supreme Court Clarifies Rights of Empaneled Candidates: KSRTC vs. Akhilesh V.S. (2019) LEGAL ISSUE: Whether mere empanelment in a rank list creates an indefeasible right to appointment. CASE TYPE: Service Law Case Name: Kerala State Road Transport Corporation and Another vs. Akhilesh V.S. and Others Judgment Date: April 1, 2019 Date of the Judgment: April

Supreme Court Clarifies Rights of Empaneled Candidates: KSRTC vs. Akhilesh V.S. (2019) Read Post »

Supreme Court Upholds Conviction in Murder Case: Kali Prasad Singh vs. State of Uttar Pradesh (28 March 2019)

March 28, 2019 / Arun Mishra, Criminal Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 302, Judges, Murder, Navin Sinha

Supreme Court Upholds Conviction in Murder Case: Kali Prasad Singh vs. State of Uttar Pradesh (2019) LEGAL ISSUE: Whether the conviction of the accused for murder based on the testimony of a single eyewitness and circumstantial evidence was justified. CASE TYPE: Criminal Case Name: Kali Prasad Singh ETC. vs. State of Uttar Pradesh Judgment Date:

Supreme Court Upholds Conviction in Murder Case: Kali Prasad Singh vs. State of Uttar Pradesh (28 March 2019) Read Post »

Supreme Court Upholds Denial of Police Constable Job Due to Prior Criminal Case: State of Madhya Pradesh vs. Bunty (2019)

March 14, 2019 / Arun Mishra, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 392, Indian Penal Code, 1860 with Section 411, Judges, Navin Sinha, Police Recruitment, Screening Committee, Service Law

Supreme Court Upholds Denial of Police Constable Job Due to Prior Criminal Case: State of Madhya Pradesh vs. Bunty (2019) LEGAL ISSUE: Whether a candidate can be denied a police constable position based on a prior criminal case where they were acquitted with the benefit of doubt. CASE TYPE: Service Law, Criminal Law. Case Name:

Supreme Court Upholds Denial of Police Constable Job Due to Prior Criminal Case: State of Madhya Pradesh vs. Bunty (2019) Read Post »

Supreme Court clarifies pay fixation rules under Central Civil Service (Revised Pay) Rules, 2008: Union of India & Ors. vs. Raj Kumar Anand & Ors. (2019) INSC 198 (14 March 2019)

March 14, 2019 / Arun Mishra, Central Civil Service (Revised Pay) Rules, 2008 with Rule 11, Central Civil Service (Revised Pay) Rules, 2008 with Rule 5, Central Civil Service (Revised Pay) Rules, 2008 with Rule 7, Central Civil Services (Revised Pay) Rules, 2008, Judges, Navin Sinha, Service Law

Supreme Court clarifies pay fixation rules under Central Civil Service (Revised Pay) Rules, 2008 LEGAL ISSUE: The core legal issue revolves around the correct application of the Central Civil Service (Revised Pay) Rules, 2008, specifically concerning the fixation of pay for government servants who received upgraded pay scales under the Assured Career Progression (ACP) scheme

Supreme Court clarifies pay fixation rules under Central Civil Service (Revised Pay) Rules, 2008: Union of India & Ors. vs. Raj Kumar Anand & Ors. (2019) INSC 198 (14 March 2019) Read Post »

Supreme Court Upholds State’s Right to Deny Voluntary Retirement in Public Interest: State of West Bengal vs. Dr. Tonmoy Mondal (2019)

March 12, 2019 / Arun Mishra, Indira Banerjee, Judges, Navin Sinha, Public Interest, Retirement, Service Law, Voluntary Retirement, West Bengal Service Rules, 1971, West Bengal Service Rules, 1971 with Rule 75

Supreme Court Upholds State’s Right to Deny Voluntary Retirement in Public Interest: State of West Bengal vs. Dr. Tonmoy Mondal (2019) Date of the Judgment: March 12, 2019 Citation: (2019) INSC 178 Judges: Arun Mishra, Navin Sinha, Indira Banerjee, JJ. Can a government employee’s request for voluntary retirement be denied if it goes against public

Supreme Court Upholds State’s Right to Deny Voluntary Retirement in Public Interest: State of West Bengal vs. Dr. Tonmoy Mondal (2019) Read Post »

Supreme Court Mandates Decentralized Nutrition Programs, Ousts Large Contractors: Vaishnorani Mahila Bachat Gat vs. State of Maharashtra (2019)

February 26, 2019 / Arun Mishra, Deepak Gupta, Integrated Child Development Scheme, Judges, National Food Security Act, 2013, National Food Security Act, 2013 with Section 4, National Food Security Act, 2013 with Section 5, National Food Security Act, 2013 with Section 6, Supplementary Nutritional (under ICDS) Rules, 2015, Supplementary Nutritional (under ICDS) Rules, 2015 with Rule 7, Supplementary Nutritional (under ICDS) Rules, 2015 with Rule 9

Supreme Court Mandates Decentralized Nutrition Programs, Ousts Large Contractors: Vaishnorani Mahila Bachat Gat vs. State of Maharashtra (2019) LEGAL ISSUE: Whether contracts for supplying nutritional food for Anganwadi centers should be awarded to local self-help groups or large corporations. CASE TYPE: Public Interest Litigation, Social Welfare, Government Contracts Case Name: Vaishnorani Mahila Bachat Gat vs.

Supreme Court Mandates Decentralized Nutrition Programs, Ousts Large Contractors: Vaishnorani Mahila Bachat Gat vs. State of Maharashtra (2019) Read Post »

Supreme Court Upholds Interim CBI Director Appointment: Common Cause vs. Union of India (2019)

February 19, 2019 / Arun Mishra, Constitutional Law, Constitutional Law with Article 32, Delhi Special Police Establishment Act, 1946, Delhi Special Police Establishment Act, 1946 with Section 4A, Fundamental Rights, Judges, Navin Sinha, Public Interest Litigation

Supreme Court Upholds Interim CBI Director Appointment: Common Cause vs. Union of India (2019) LEGAL ISSUE: Whether the appointment of an interim Director of the Central Bureau of Investigation (CBI) was legal and whether the process of selection and appointment of the CBI Director followed due procedure. CASE TYPE: Constitutional Law, Public Interest Litigation Case

Supreme Court Upholds Interim CBI Director Appointment: Common Cause vs. Union of India (2019) Read Post »

Supreme Court Upholds Reinstatement of Teacher: Marwari Balika Vidyalaya vs. Asha Srivastava (2019)

February 14, 2019 / Arun Mishra, Delhi School Education Act, 1973, Delhi School Education Act, 1973 with Section 8(2), Judges, Navin Sinha, Reinstatement, Service Law, Termination of Employment, Writ Jurisdiction

Supreme Court Upholds Reinstatement of Teacher: Marwari Balika Vidyalaya vs. Asha Srivastava (2019) LEGAL ISSUE: Maintainability of a writ petition against a private school receiving grant-in-aid for dearness allowance. CASE TYPE: Service Law Case Name: Marwari Balika Vidyalaya vs. Asha Srivastava & Ors. [Judgment Date]: 14 February 2019 Introduction Date of the Judgment: 14 February

Supreme Court Upholds Reinstatement of Teacher: Marwari Balika Vidyalaya vs. Asha Srivastava (2019) Read Post »