Rajya Sabha Passes the ‘Bharatiya Vayuyan Vidheyak, 2024’  ||  Del. HC: It’s a Disturbing Trend of Exploiting Social Media Platforms for Committing Sexual Offences  ||  Ori HC: State Can’t Question Maintain. of Suit for No Notice at Stage of Appeal if Not Done in WS  ||  Ker. HC: Can’t Call Putting Up Boards of Temples, Mosques on Busy Roads as Religious Practice  ||  P&H HC: If People are Allowed to Stay All Night at Bars and Pubs, it will Hamper Indian Society  ||  SC: NCR States to Ask Workers to Register Themselves on Portal for Receiving Subsistence Allowance  ||  Rajya Sabha Passes the Boilers Bill, 2024  ||  NCLAT: Authority Can’t Pass Adverse Remarks against RP Performing Duties as Per CoC’s Instruction  ||  Tel. HC: Teacher Eligibility Test Guidelines Framed to Ensure that Competent Persons are Recruited  ||  Ker. HC: Loss in Derivative Business Would be a Business Loss for Purposes of Section 72 of IT Act    

Search Results for Tag : Constitution

International Cases

Global power play spills into Russian court(19.04.2016)

Russia’s Constitutional Court ruled against acceding to a European Court of Human Rights denouncement against Russian law that prohibits prisoners fro.....

Tags : russia, constitution, disenfranchisement, echr, prisoner rights



Poland’s highest court faces constitutional crisis(14.03.2016)

The Council of Europe released a report expressing dismay over const.....

Tags : Poland, constitutional court, effectiveness



Russian Constitutional Court can look into decisions of international courts(15.12.2015)

President Vladimir Putin of Russia has granted assent to a Bill that allows Russia’s Constitutional Court to look into decisions of international cour.....

Tags : Russia, international courts, constitutional courts



Top Story

GST council has notified constitution of Anti-profiteering Authority(20.06.2017)

In order to keep a check on passing of price reduction benefit in tax rate from businesses to consumers, a five-member anti-profiteering authority has.....

Tags : Authority, Constitution, Benefit, Price reduction



SEBI constitutes Group to review Institutional Trading Platform (ITP)(12.06.2018)

The Securities and Exchange Board of India (SEBI) has constituted a group to look into the existing Institutional Trading Platform (ITP) framework. SE.....

Tags : ITP, Review, Committee, Constitution



SC asks BJP to exit state right(13.07.2016)

The Supreme Court concluded the proceedings of the Governor of Arunachal Pradesh during the 6th session of the State’s Legislative Assembly to be in v.....

Tags : arunachal pradesh, president’s rule, unconstitutional, disqualification



Judgments

Constitutionality of Food Safety and Standards Act, 2006 upheld(16.09.2015)

The Bombay High Court summarised its position on the constitutionality and vires of the Food Safety and Standards Act, 2006 as thus: “…if preventing f.....

Tags : Food safety, constitutionality, public interest



Reservation in sole position means unconstitutional exclusion(23.09.2015)

The Supreme Court dismissed an appeal that a position comprised of a single post could be filled under the auspices of ‘reservation’. It reiterated a .....

Tags : Reservation, single, post, constitutionality



Blast from the Past

Preventing sex-selective abortions(22.02.2016)

1994 saw the introduction of two pieces of legislation that hoped to stem the practice of terminating pregnancies mid-term if the child to be born was.....

Tags : Sex selection, constitutionality, ultrasound



“Article 370 only provision of Constitution that applies to [J&K] on its own”(09.10.2015)

In a petition against the accelerated promotion of government servants in Jammu and Kashmir, under the auspices of reservation, the Jammu and Kashmir .....

Tags : Article 370, constitution, jammu and Kashmir, status



Gujarat HC quashes Gujarat Election Commission's order to postpone elections(23.10.2015)

The Gujarat High Court held Gujarat Election Commission’s act of postponing elections to be illegal. It opined that the recent unrest in the State was.....

Tags : Ordinance, constitution, Gujarat, municipal, election



Affordable housing for cattle put on Government’s plate(14.10.2015)

The High Court, hearing a matter on housing stray cattle, and the danger they pose by straying onto a highway, directed all Panchayats in the State .....

Tags : Cattle, slaughter, constitution, housing



Writ Courts while exercising jurisdiction under Article 226 of Constitution can interfere in the decisions of the Disciplinary Committee, only if, the same are contrary to law.(20.11.2023)

The present writ petition has been filed under Article 226 of the Constitution of India for challenging the order passed by Paralympic Committee suspe.....

Tags : Writ jurisdiction, writ court, Paralympic Committee, Article 226 of Constitution



Giving a constitutional enactment the widest possible meaning(01.11.1954)

It seems prerequisite that any case seeking to send aftershocks into the legal system should have the word Mafatlal in it. Certainly, Mr. Mafatlal her.....

Tags : Income, constitution, interpretation, widest, natural meaning



State Government had no authority to tinker with the lists of Scheduled Castes published under Article 341 of the Constitution of India(15.07.2024)

The present appeal arises out of the Patna High Court Division Bench judgment where the court upheld the resolution dated 1st July, 2015 of the State .....

Tags : Tanti-Tantwa community, Scheduled Castes, Constitution of India



Criminal defamation provisions to stay(13.05.2016)

The Supreme Court upheld the constitutional validity of Sections 499 and 500 of the Indian Penal Code and Section 199 CrPC, provisions that deal with .....

Tags : criminal defamation, constitutional validity, misuse



Government’s pool pricing policy for natural gas upheld(19.04.2016)

The Supreme Court dismissed appeals against the government’s setting uniformly pool in the natural gas sector. The Government had contended that is un.....

Tags : natural gas, uniform pool pricing, constitutionality



High Court cannot deliberate on constitutional validity of own accord(18.03.2016)

Meghalaya High Court’s suo moto cognizance on provisions in the Meghalaya Lokayukta Act, 2014 pertaining to appointment of the Chairperson and Members.....

Tags : Suo moto, constitutional validity, human rights



Government ban on crude palm oil imports through Kerala ports in public interest(21.08.2015)

The Supreme Court held that there existed “sufficient public good” in banning the import of crude palm oil through ports in Kerala. The government had.....

Tags : Import ban, validity, constitutionality, palm oil



Supreme Court strikes down words "adult male" from proviso of Section 2(q) DMV Act as same is contrary to object of affording protection to women(06.10.2016)

Present appeal arises out of a judgment passed by Division Bench of Bombay High Court raising an important question as to constitutional validity of S.....

Tags : Provision, Constitutional Validity



Telangana and AP High Court upholds amendments to mining law(11.09.2015)

The Telangana and Andhra Pradesh High Court rejected petitions that the Mines and Minerals (Development and Regulation) Amendment Act, 2015 was unreas.....

Tags : Mining, application, eligibility, constitutionality



Notifications & Circulars

RBI constitutes a Committee on Household Finance(04.08.2016)

The Reserve Bank of India (RBI) has set up a committee to look at the various facets of household finance in India and to benchmark India's position v.....

Tags : Household Finance, Committee, Constitution



Constitution of high level committee to review Institutionalization of Arbitration Mechanism in India(29.12.2016)

Justice Dispensing System in India has come under great stress for various reasons including huge pendency of cases in various courts. The injustice i.....

Tags : Committee, Constitution, Arbitration



Constitution of Task Force for enabling dispensation of Mahatma Gandhi (New) Series Banknotes - Recalibration and reactivation of ATMs(14.11.2016)

It has become necessary to re-calibrate all ATMs/ Cash handling machines to dispense the new design notes following introduction of Mahatma Gandhi (Ne.....

Tags : Task force, Constitution, Bank Notes



Public Notice and Appeal to the Investors of Pacl Ltd.(22.02.2017)

It is brought to the notice of the General Public that in compliance of the order dated February 02, 2016 passed by the Hon'ble Supreme Court of India.....

Tags : Notice, Invester, Committee, Constitution



13 communities to be added to Scheduled Tribes list(25.05.2016)

The Union Cabinet approved introduction of bills bringing amendments to the Constitution (Scheduled Tribes) Order 1950 to include several new communit.....

Tags : scheduled tribes, constitution, amendment



Special Investigation Team(11.04.2017)

SIT has been constituted in pursuance of the Order dated 4.7.2011 of Hon'ble Supreme Court of India passed in Writ Petition (Civil) No.176 of 2009. Th.....

Tags : SIT, Constitution, Order, Supreme Court



Committee to Enquire Serious Issues against ST Employees Should Have Minimum of Two Members from ST Community(30.05.2017)

National Commission for Scheduled Tribes (NCST) has asked the Department of Personnel and Training to constitute a committee having minimum of two mem.....

Tags : Investigation, Committee, Constitution



New National Commission for Backward Classes to be constituted in same manner as National Commissions for SCs and STs(30.05.2017)

The new National Commission for Backward Classes will be constituted under Article 338B and will commence functioning as a constitutional authority, i.....

Tags : Backward Classes, Commission, Constitution



Government constitutes a committee to prepare the final draft of National Education Policy(26.06.2017)

The committee for preparation of final draft of National Education Policy has been constituted under the Chairmanship of eminent Scientist Padma Vibhu.....

Tags : Committee, Constitution Education Policy



26 November declared ‘Constitution Day’(19.11.2015)

The Government of India has declared the 26th of November of every year as ‘Consti.....

Tags : Constitution day, law day, 26 November



Union Finance Minister Shri Arun Jaitley constitutes a Group of Ministers and a Committee on Exports(12.09.2017)

In pursuance of decision taken in the 21st Meeting of GST Council held on 9th September, 2017 at Hyderabad, the Union Finance Minister, Shri Arun Jait.....

Tags : Committee, Exports, Constitution



Government constitutes a High Level Committee for proper management of water resources in North Eastern Region(04.10.2017)

The Government has constituted a high-level committee for proper management of the water resources in the North Eastern Region (NER) under the Chairma.....

Tags : Committee, Constitution, Water resources, Management



Guidelines on Stripping/Reconstitution of Government Securities(03.05.2018)

1. Please refer to paragraph 7 of the Statement on Regulatory and Developmental Policies announced on April 5, 2018 regarding review of the mechanism .....

Tags : Reconstitution, Government Securities, Guidelines



Government approves the process of constitution of new Boards of Governors for the IIMs as per the IIM Act 2017(12.11.2018)

The Government has today approved the process of constitution of new Boards of Governors for the IIMs as per the IIM Act 2017. "The process of constit.....

Tags : Constitution, New Boards, Approval



Central Government hereby notifies 'Prayagraj Mela Pradhikaran, Prayagraj', an authority constituted by the State Government of Uttar Pradesh(14.03.2019)

In exercise of the powers conferred by clause (46) of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies for .....

Tags : Authority, Constitution, Grant in aid



Cabinet approves Constitution of 22nd Law Commission of India for a term of three years(19.02.2020)

The Union Cabinet, chaired by the Prime Minister, Shri Narendra Modi has approved Twenty-second Law Commission of India for a period of three years fr.....

Tags : 22nd Law Commission, Constitution, Approval



Constitution of the Regulations Review Authority 2.0(15.04.2021)

1. The Reserve Bank of India had set up a Regulations Review Authority (RRA) initially for a period of one year from April 1, 1999 for reviewing the r.....

Tags : Constitution, Regulations, Review Authority



Government has reconstituted the Indian Council of Historical Research(11.02.2019)

As per Rule 3 of Rules of ICHR, New Delhi, 1972, the Government has reconstituted the Council of Indian Council of Historical Research (ICHR), New Del.....

Tags : Historical Research, Council, Constitution



Clarification in respect of appeal in regard to non-constitution of Appellate Tribunal(18.03.2020)

1. Various representations have been received wherein the issue has been decided against the registered person by the adjudicating authority or refund.....

Tags : Clarification, Non-constitution, Appellate Tribunal



Monetary Policy Committee constitution under the Reserve Bank of India Act, 1934 notified(29.09.2016)

The Reserve Bank of India Act, 1934 (RBI Act) has been amended by the Finance Act, 2016, to provide for a statutory and institutionalised framework fo.....

Tags : Committee, Constitution



Central Government notifies 'Mysore Palace Board', Karnataka, a board constituted by the Government of Karnataka, in respect of the specified income arising to that Board(09.04.2019)

S.O.1537(E).--In exercise of the powers conferred by clause (46) of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby.....

Tags : Board, Constitution, Income from Palace



Constitution of West Bengal Electricity Regulatory Commission(27.01.2022)

1. In exercise of the powers conferred by clause (46) of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies f.....

Tags : Constitution, Electricity, Commission



Constitution of Committee for Standardization and Indigenization in Metro Rail Systems(26.06.2018)

1. Transport infrastructure is one of the most important factors for a country's progress. With rapid Industrialization, Urbanization, Globalization a.....

Tags : Constitution, Committee, Metro Rail Systems



Constitution of an expert committee to 'Onshore the Indian Innovation to GIFT IFSC'(21.03.2023)

The Indian startup ecosystem is the third largest startup ecosystem in the world, boasting an impressive 115 unicorns (billion-dollar enterprises). In.....

Tags : Constitution, Expert committee, GIFT IFSC'



Approval of constitution of Local Committee for Kolkata area (Covering Kolkata Area) in West Bengal Region(27.07.2015)

Chairman of the Regional Board, West Bengal Region has approved constitution of Local Committee for Kolkata area (Covering Kolkata Area) in West Benga.....

Tags : Local Committee, Constitution



Constitution of Unlawful Activities (Prevention) Tribunal for the purpose of adjudicating whether or not there is sufficient cause of declaring the Sikhs For Justice as an unlawful association(07.08.2019)

Whereas Sikhs For Justice (SFJ) has been declared as an unlawful association, vide, notification number S.O. 2469 (E) dated 10th July, 2019 published .....

Tags : Constitution, Tribunal, Adjudication



News

SC Iterates Cardinal Principles, A Judge Must Adhere To(23.03.2016)

Supreme Court, while observing that judges of constitutional courts increasingly deviating from the impassioned and impartial path of adjudication, h.....

Tags : Supreme Court, constitutional courts



South Korea's Constitutional Court Upholds President Park Geun Hye Impeachment(14.03.2017)

South Korea's Constitutional Court has upheld impeachment of President Park Geun Hye in a unanimous vote, removing her from office over a graft scanda.....

Tags : South Korea's Constitutional Court, Impeachment, President Park Geun Hye



Supreme Court Upholds Constitutional Validity of SC/ST Amendment Act, 2018(10.02.2020)

Supreme Court has upheld the constitutional validity of Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018 that ruled ou.....

Tags : Supreme Court, Constitutional Validity, SC/ST



SC Seeks WhatsApp, Facebook Response on Plea Seeking Data Protection on UPI Platforms(02.02.2021)

Supreme Court has held that Section 43¬D (5) of Unlawful Activities (Prevention) Act, 1967 (UAPA Act) per¬ se does not oust the ability of Constitutio.....

Tags : Supreme Court, Ability of Constitutional Courts to Grant Bail



SC: Section 43D (5) UAPA Act Does Not Oust Ability of Constitutional Courts to Grant Bail(02.02.2021)

Supreme Court has held that Section 43¬D (5) of Unlawful Activities (Prevention) Act, 1967 (UAPA Act) per¬ se does not oust the ability of Constitutio.....

Tags : Supreme Court, Ability of Constitutional Courts to Grant Bail



Choices of Sexual Preference Protected Under Scheme of Constitutional Morality: Calcutta HC(05.02.2019)

Calcutta High Court has observed that consensual cohabitation between two adults of same sex cannot be termed as illegal and also observed that such .....

Tags : Calcutta High Court, Sexual Preference Protected Under Scheme of Constitutional Morality



Deduction of 50% of Wages From Prisoners Unconstitutional: Madras HC(07.02.2019)

Madras High Court has held that Rule 481 of Tamil Nadu Prison Rules, 1983 is unconstitutional to the extent it provides for deduction of 50% of the wa.....

Tags : Madras High Court, Deduction of 50% of Wages From Prisoners Unconstitutional



Lok Sabha Passes Constitution (One Hundred and Twenty-Sixth Amendment) Bill, 2019(11.12.2019)

Lok Sabha has passed the Constitution (126th Amendment) Bill, 2019 to extend reservation to Scheduled Castes and Scheduled Tribes in Lok Sabha and Sta.....

Tags : Lok Sabha, Constitution



Rajya Sabha Passes Constitution (One Hundred and Twenty-Sixth Amendment) Bill, 2019(13.12.2019)

Rajya Sabha has unanimously passed a Constitution (Amendment) Bill to extend reservation for ten more years to Scheduled Castes and Scheduled Tribes i.....

Tags : Rajya Sabha, Constitution



SC: Article 32 is an Important & Integral Part of Basic Structure of Constitution(04.12.2020)

Supreme Court has reiterated that Article 32 is an important and integral part of the basic structure of the Constitution of India, 1949. Article 32 i.....

Tags : Supreme Court, Article 32 of Constitution of India



Constitution (105th Amendment) Act Has Come In Force From 15th August, 2021(04.10.2021)

The Constitution (One Hundred and Fifth Amendment) Act, 2021, which restores the power of the State Governments and Union Territories to identify and .....

Tags : Constitution (105th Amendment) Act, Enforcement



SC Dismisses Plea Challenging Constitutionality of Execution of Death Penalty by Hanging(02.03.2020)

Supreme Court has dismissed a Petition filed by an 88-year old freedom fighter challenging the constitutional validity of Section 354(5) of the Code o.....

Tags : Delhi Court, Constitutionality of Execution of Death Penalty



Madras HC to Suo Motu Test Constitutional Validity of Section 36B of Advocates Act, 1961(02.03.2020)

Madras High Court has decided to suo moto consider the validity of Section 36B of the Advocates Act, 1961, in as much as it stipulates that in case a .....

Tags : Madras High Court, Constitutional Validity of Section 36B of The Advocates Act



Madras High Court: Section 6 of MGNREGA Not Unconstitutional(05.03.2020)

Madras High Court has held that Section 6 of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), 2005 is not violative of Articles 1.....

Tags : Madras High Court, Constitutionality of MGNREGA



Lok Sabha Passes Constitution (Scheduled Castes) Order (Amendment) Bill, 2021(22.03.2021)

Lok Sabha has passed the Constitution (Scheduled Castes) Order (Amendment) Bill, 2021, that seeks to amend the Constitution (Scheduled Castes) Order, .....

Tags : Lok Sabha, Constitution (Scheduled Castes) Order (Amendment) Bill, 2021



Bombay High Court Orders Constitution of Medical Boards for Medical Termination of Pregnancy(04.01.2022)

Bombay High Court has directed the state Government to forthwith constitute medical boards based on the Amended Act on medical termination of pregnanc.....

Tags : Bombay High Court, Constitution of Medical Boards for Medical Termination of Pregnancy



Supreme Court: Tribunals Decision Can Be Examined Only By Territorial Jurisdiction High Court(07.01.2022)

Supreme Court has held that decision of a tribunal created under Article 323A and 323B of the Constitution can only be examined by a Division Bench of.....

Tags : Supreme Court, Article 323A and 323B of Constitution, Tribunals



Supreme Court Rejects Plea Seeking to Review Working of Constitution(26.04.2017)

Supreme Court has declined to entertain a PIL filed by BJP spokesperson and advocate Ashwini Upadhyay for a direction to Government to review the work.....

Tags : Supreme Court, Constitution



SC Upholds Constitutional Validity of Section 43B(f) of Income Tax Act(27.04.2020)

Supreme Court has upheld the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, reversing the judgment of the Calcutta .....

Tags : Supreme Court, Constitutional Validity of Section 43B(f) of Income Tax Act



SC Directs UOI to Compensate Former RAW Employee(27.04.2020)

Supreme Court has directed the Union of India to pay "constitutional compensation" to the tune of Rs. 1 Lakh for impugning upon the Fundamental rights.....

Tags : Supreme Court, Constitutional Compensation



WB Taxation Tribunal: State Cannot Establish Entry Tax Subsequent to Constitutional Amendment(29.03.2022)

West Bengal Taxation Tribunal has stated that the State lacks legislative authority to make legislation in the field of goods entry into the local are.....

Tags : West Bengal Taxation Tribunal, Entry Tax, Constitution, GST



Allahabad HC Issues Contempt Notice to Man for Making Offensive Statements Against Judges(01.04.2022)

Allahabad High Court has issued a contempt notice to the man who wrote a letter alleging that in the District Court, all the Officers, Judges and empl.....

Tags : Allahabad High Court, contempt notice, District Court, Constitution of India



Madras High Court Strikes Down Section 32(2) Of Benami Transaction Act as Unconstitutional(05.04.2022)

Madras High Court has declared that Section 32(2) of the Prohibition of Benami Property Transactions Act, 1988 as unconstitutional and directed the go.....

Tags : Madras High Court, Section 32(2) of the Prohibition of Benami Property Transactions Act, 1988, unconstitutional.



Delhi HC: Petition Under Article 227 Based on Violation of Legal Provisions Can't Be Allowed(08.04.2022)

Delhi High Court has ruled that a petition under Article 227 of the Constitution of India, 1949 cannot be allowed against an order passed under Sectio.....

Tags : Delhi High Court, Section 16(3), Arbitration and Conciliation Act, 1996, Article 227, Constitution, Tribunal, Jurisdiction



Supreme Court Upholds Constitutional Validity of Amendments Related to Charitable Trust Registration(11.04.2022)

Supreme Court has upheld the constitutional legality of the recent amendments made in the Finance Act, 2020 with regard to the new provisions regardin.....

Tags : Supreme Court, constitutional legality, Finance Act, 2020, Income Tax Act, 1961, religious trusts



Punjab & Haryana HC: Appointment on Contractual Basis Without Public Advertisement Not Regularized(11.04.2022)

Punjab and Haryana High Court has observed that employees appointed on contractual basis sans any advertisement and contrary to the provisions of Arti.....

Tags : Punjab and Haryana High Court, contractual basis, advertisement, Article 14, Article 16, Constitution of India



Bombay HC: Petitions on Ground of Exceptional Circumstances by Arbitral Tribunal Not Maintainable(11.04.2022)

Bombay High Court has held that remedy under Section 16 of the Arbitration and Conciliation Act, 1996 lies elsewhere and the petitioners cannot file W.....

Tags : Bombay High Court, Arbitration and Conciliation Act, 1996, Article 226, Article 227, Constitution of India, exceptional circumstances



Delhi HC: Transgender Person to Produce Gender Re-Assignment Certificate, Violates Article 21(12.04.2022)

Delhi High Court has held that the Passport Rules, 1980 as they require a Transgender person to produce Gender Re-assignment certificate Surgery, is p.....

Tags : Delhi High Court, Passport Rules, Transgender person, Gender Re-assignment certificate, Article 21 of the Constitution



Allahabad HC Declares "Triple Talaq" Unconstitutional, Upholds Constitutional Sovereignty(08.12.2016)

Allahabad High Court, while declaring “triple talaq" as unconstitutional, has said that it violates rights of Muslim women and has observed that "No.....

Tags : Allahabad HC, Triple Talaq, Unconstitutional, Constitution



Delhi HC: When Provision Declared Unconstitutional, It Does Not Get Repealed or Wiped Out(02.08.2021)

Delhi High Court has held that when a provision is declared unconstitutional, it does not get repealed or wiped out; if the defects are cured through .....

Tags : Delhi High Court, Provision Declared Unconstitutional



Delhi HC: High Court's Supervisory Jurisdiction Over Orders Under Order 39 Rules 1&2 Restricted(26.04.2022)

Delhi High Court has ruled that the scope of interference in exercise of its supervisory jurisdiction of the High Court under Article 227 of the Const.....

Tags : Delhi High Court, Article 227, Constitution of India, Code of Civil Procedure, 1908, Order XXXIX, supervisory jurisdiction



Kerala HC: Amounts Collected From Persons Based on Unconstitutional Levy Entitled to Refund(28.04.2022)

Kerala High Court has held that persons from whom a fee was collected under a State Circular calling for applications for use of unnotified land for o.....

Tags : Kerala High Court, fee, State Circular, unconstitutional



Kerala HC: Rule of Alternative Remedy is Rule of Discretion, Not Rule of Jurisdiction(29.04.2022)

Kerala High Court has observed that just because the court may not exercise its discretion under Article 226 of the Constitution since the availabilit.....

Tags : Kerala High Court, Article 226 of the Constitution, jurisdiction



Delhi HC: Writ Remedy Cannot be Invoked in Tax Matters(02.05.2022)

Delhi High Court has held that the writ remedy under Article 226 of the Indian Constitution cannot be invoked in tax matters as the Income Tax Act, 19.....

Tags : Delhi High Court, article 226, Indian Constitution, Income Tax Act, 1961



SC: Section 43D (5) UAPA Act Does Not Oust Ability of Constitutional Courts to Grant Bail(02.02.2021)

Supreme Court has held that Section 43D (5) of Unlawful Activities (Prevention) Act, 1967 (UAPA Act) per¬ se does not oust the ability of Constitution.....

Tags : Supreme Court, Ability of Constitutional Courts to Grant Bail



SC: Section 43D (5) UAPA Act Does Not Oust Ability of Constitutional Courts to Grant Bail(02.02.2021)

Supreme Court has held that Section 43D (5) of Unlawful Activities (Prevention) Act, 1967 (UAPA Act) per se does not oust the ability of Constitutiona.....

Tags : Supreme Court, Ability of Constitutional Courts to Grant Bail



Karnataka High Court Issues Notice on Plea Challenging Constitutionality of Sections 99 & 100 of IBC(10.12.2021)

Karnataka High Court has issued notice to the Union of India and two others on a petition seeking to declare section 99 and 100 of the Insolvency and .....

Tags : Karnataka High Court, Constitutionality of Sections 99 & 100 of IBC



Supreme Court Issues Directions to Enforce Shreya Singhal Judgment(13.10.2022)

Supreme Court while directing that no one should be prosecuted under Section 66A of Information Technology Act 2000, which was struck down as unconsti.....

Tags : Supreme Court, Shreya Singhal, Unconstitutional



Bombay HC Rejects Plea Challenging Vires of Section 56 of CPC on Arrest of Women(10.11.2016)

Bombay High Court has dismissed a plea seeking scrapping of Section 56 of CPC, which prohibits arrest or detention of women in execution of decree for.....

Tags : Bombay High Court, Section 56, CPC, Constitution



SC Upholds Constitutionality of State Legislations on Entry Tax on Goods Coming into its Territory(11.11.2016)

Supreme Court has upheld constitutional validity of State Legislations with regard to levy of Entry Tax on goods coming into its territory.

Tags : Supreme Court, Entry Tax, Constitutionality



Bombay HC: Pre-Constitutional Documents Have Higher Probative Value While Considering Caste Claim(09.10.2017)

Bombay High Court has held that pre-constitutional documents have a higher degree of probative value while considering the caste claim of a candidate.

Tags : Bombay High Court, Pre-Constitutional Documents



SC Declines Plea Challenging Constitutional Validity of Provisions of CGST Act, 2017(08.01.2021)

Supreme Court has declined to entertain a writ petition challenging constitutional validity of various provisions of the Central Goods Service Tax Act.....

Tags : Supreme Court, Constitutional Validity of Provisions of CGST Act, 2017



Madras High Court Issues Notice on Plea Challenging Constitutional Validity of RP Act(11.01.2021)

Madras High Court has issued notices to the Centre and Election Commission of India (ECI) on a Petition challenging the constitutional validity of Sec.....

Tags : Madras High Court, Constitutional Validity of Representation of Peoples Act, 1951



Raj. HC: Setting Different Retirement Age for Allopathic & Ayurvedic Doctors Unconstitutional(04.10.2022)

Rajasthan High Court has held that distinction created between Allopathic and Ayurvedic doctors by setting different retirement ages, is unconstitutio.....

Tags : Rajasthan High Court, Unconstitutional, Retirement Age



SC Astounded by Plea to Declare Fundamental Rights as Unconstitutional(11.10.2022)

Supreme Court while rejecting a petition seeking a declaration that the Fundamental Rights enshrined in Part III of the Constitution were ultra vires .....

Tags : Supreme Court, Fundamental Rights, Unconstitutional



Calcutta HC Issues Notice on Challenge Against Constitutionality of Rule 86A of CGST Rules(30.06.2021)

Calcutta High Court has issued notice to Union as well as State Government in plea challenging the constitutional validity of Rule 86A of the Central .....

Tags : Calcutta High Court, Constitutionality of Rule 86A of CGST Rules



Delhi HC: Party Can't Exhaust Alternate Remedy in SC Before Approaching HC U/Art. 227(03.05.2022)

Delhi High Court has ruled that a party cannot be bound for exhausting the alternate remedy available before the Supreme Court before approaching the .....

Tags : Delhi High Court, Supreme Court, High Courts, Articles 226, Articles 227, Constitution



SC Strikes Down Law Allowing Kerala to Annul Arbitration Clause and Arbitration Awards(05.05.2022)

Supreme Court has struck down the Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998, saying it was “unconstitutional” as it v.....

Tags : Supreme Court , separation of powers, unconstitutional, arbitral awards, arbitration clause



P&H HC: Public Morality Cannot Overshadow Constitutional Morality(11.05.2022)

Punjab and Haryana High Court while dealing with a petition seeking protection of life and personal liberty, has ruled that the Constitutional right o.....

Tags : Punjab and Haryana High Court, life and personal liberty, Constitutional right



Delhi HC Criminalizes Marital Rape; Holds Exception 2 Of Section 375 IPC Unconstitutional(11.05.2022)

Delhi High Court has passed a split verdict challenging the Exception 2 of Section 375 of Indian Penal Code, 1860, exempting forceful sexual intercour.....

Tags : Delhi High Court, Section 375 , sexual intercourse, marital rape, unconstitutional



Mad. HC: Punishing Person Without Proper Identification Directly Impinges Personal Liberty(01.06.2023)

Madras High Court while setting aside conviction of man charged for robbery has highlighted need for Test Identification Parade (TIP) and observed tha.....

Tags : Madras High Court, Test Identification Parade, Article 21 of the Constitution, Personal Liberty



SC Rejects Plea Seeking Codification of Constitutional Immunity to Lawmakers(18.10.2016)

Supreme Court has refused to entertain plea seeking codification of constitutional immunity from prosecution granted to lawmakers for their statements.....

Tags : Supreme Court, constitutional immunity



CIC: Constitution Club Public Authority under RTI Act(19.10.2016)

Central Information Commission (CIC) has held that Constitution Club which is a "platform for interaction amongst past and present member of Parliamen.....

Tags : Central Information Commission, Constitution Club,RTI Act



President Gives Assent to 105th Constitutional Amendment to Restore States' Power to Identify SEBCs(20.08.2021)

President of India, Mr. Ram Nath Kovind has given assent to the Constitution (One Hundred and Fifth Amendment) Act, 2021 which restores the power of S.....

Tags : President of India, 105th Constitutional Amendment



SC Stays Cg. HC’s Order Declaring 58% Reservation in Jobs & Admissions as Unconstitutional(02.05.2023)

Supreme Court has stayed Chhattisgarh (Cg) High Court’s order declaring the state government’s move of giving 58 per cent reservation as ‘unconstituti.....

Tags : Supreme Court, Reservation, Jobs & Admissions, Unconstitutional



SC Upholds Constitutional Validity of Section 140(5) Companies Act 2013(04.05.2023)

Supreme Court while upholding the constitutional validity of Section 140(5) of the Companies Act, 2013, and observed that application/proceedings unde.....

Tags : Supreme Court, Constitutional Validity, Companies Act



SC Refuses to Restore Uddhav Thackeray Government(11.05.2023)

Supreme Court constitution bench while observing that it can’t restore Uddhav Thackeray Government since he resigned without facing floor test, has he.....

Tags : Supreme Court, Constitution Bench, Uddhav Thackeray



Delhi HC Directs Education Ministry to File Response Over St Stephen's Constitution(24.12.2015)

Delhi HC has sought response from Ministry of Human Resource Development and University Grants Commission to a plea against the move by St Stephen's C.....

Tags : Delhi HC , St Stephen's Constitution



Missionary Activities not Prohibited in India as Rights Under Art. 25 Available to All: Delhi HC(11.01.2019)

Delhi High Court has observed that missionary activities are not prohibited as fundamental right to religion is not restricted to citizens, but is ava.....

Tags : Delhi High Court, Constitution of India, Article 25



SC Asks Madras HC to Decide Constitutional Validity of Section 40(a)(iib) of Income Tax Act(26.11.2020)

Supreme Court has directed the Madras High Court to decide the constitutional validity of Section 40(a)(iib) of the Income Tax Act, 1961.

Tags : Supreme Court, Constitutional Validity of Section 40(a)(iib) of Income Tax Act



Madras HC Recommends Constitution of Quasi-Judicial Appellate Tribunal(02.11.2021)

Madras High Court has observed that fraudulent registration of sale deeds in the State have only reduced and not stopped completely and has recommend.....

Tags : Madras High Court, Constitution of Quasi-Judicial Appellate Tribunal



SC Upholds the Validity of EWS Reservation in Education & Public Employment(07.11.2022)

Supreme Court has by 4:1 majority upheld the validity of the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker S.....

Tags : Supreme Court, EWS Reservation, Constitutional



SC to Solicitor General: Provide Data on No. of People Benefitted from S.6A of Citizenship Act(06.12.2023)

Supreme Court while hearing pleas challenging the constitutional validity of Section 6A of the Citizenship Act, 1955, has asked Solicitor General of I.....

Tags : Supreme Court, Citizenship Act, Section 6A, Constitutional Validity



Supreme Court Refers Arunachal Political Crisis Issue to Constitution Bench(14.01.2016)

SC has referred to Constitution bench petitions arising out of orders passed by Gauhati High Court over the ongoing political issue in Arunachal Prade.....

Tags : Supreme Court, Constitution bench, Arunachal Political Crisis



SC Upholds Validity of Haryana Sikh Gurudwara (Management) Act 2014(20.09.2022)

Supreme Court has upheld the validity of the Haryana Sikh Gurudwara (Management) Act 2014 and dismissed the petitions challenging the constitutionalit.....

Tags : Supreme Court, Constitutionality, Gurudwara



SC Upholds Validity of Section 50(a) Delhi Land Reforms Act, 1954(21.09.2022)

Supreme Court while upholding the constitutional validity of Section 50(a) of the Delhi Land Reforms Act, 1954, has observed that State enactment rela.....

Tags : Supreme Court, Constitutionality, Land Reform



Meghalaya HC: Interviews Mostly Guided by Nepotism in India(22.09.2022)

Meghalaya High Court while observing that favouritism and nepotism are affecting government's recruitment drives, has held that the selection process .....

Tags : Meghalaya High Court, Selection Process, Constitutional Ethos



SC Appoints Former Judge L Nageswara Rao for Amending IOA’s Constitution(23.09.2022)

Supreme Court has appointed its former Judge L. Nageswara Rao, to take over the process of amending the Indian Olympic Association’s (IOA) constitutio.....

Tags : Supreme Court, Indian Olympic Association, Constitution



SC: For an Arbitration Clause to be Legally Binding it has to be in Consonance with Constitution(07.11.2023)

Supreme Court has held that for arbitration clause to be legally binding it has to be in consonance with “operation of law” which includes the Grundno.....

Tags : Supreme Court, Constitution, Arbitration Clause



Any Harassment of Innocent Citizen is Against the Guarantee of Constitution: Supreme Court(21.03.2018)

Supreme Court has observed that any harassment of an innocent citizen, irrespective of caste or religion, is against the guarantee of the Constitution.....

Tags : Supreme Court, Constitution



Allahabad High Court: Section 164(2) of Companies Act is Constitutionally Valid(21.01.2020)

Allahabad High Court has upheld the constitutional validity of Section 164(2) of the Companies Act, 2013, which stipulates that a Director whose compa.....

Tags : Allahabad High Court, Constitutional Validity, Section 164 (2) Companies Act, 2013



Karnataka HC: Obligation of State Government to Constitute JJ Boards(18.02.2021)

Karnataka High Court has said that it is the obligation of the State Government to constitute for every district one or more Juvenile Justice Boards (.....

Tags : Karnataka High Court, Constitution of JJ Boards



Kerala High Court Issues Notice to Centre on Plea Challenging Constitutionality of S.144B of IT Act(06.12.2021)

Kerala High Court has admitted a batch of writ petitions challenging the constitutional validity of the Faceless Assessment Procedure under Section 14.....

Tags : Kerala High Court, Constitutionality of S.144B of IT Act



Del. HC Upholds Validity of Section 115BBE of Income Tax Act(29.12.2023)

Delhi High Court while observing that Statutory Acts and their provisions are not to be declared unconstitutional on the fanciful theory that power wo.....

Tags : Delhi High Court, Constitutional Validity, Income Tax Act



Delhi HC Upholds Constitutional Validity Of Chapter II Of SARFAESI Act(17.10.2022)

Delhi High Court has upheld the constitutional validity of Chapter II of the Securitisation and Reconstruction of Financial Assets and Enforcement of .....

Tags : Delhi High Court, Constitution, SARFAESI



Canadian SC: Mandatory and Lifetime Registration on Sex Offender Registry is Unconstitutional(31.10.2022)

Supreme Court of Canada has held the country's mandatory and lifetime registration on the sex offender registry is unconstitutional.

Tags : Supreme Court of Canada, Sex Offender Registry, Unconstitutional



SC: Article 30 Not an Enabling Provision but an Obligation on State While Granting Minority Status(24.01.2024)

Supreme Court while hearing the issue of granting minority status to Aligarh Muslim University, has observed that Article 30 of the Constitution of In.....

Tags : Supreme Court, Article 30 of Constitution, Enabling Provision, Minority Status



Calcutta HC: Cannot Excommunicate Person from Community Due to Matrimonial Dispute in Family(24.01.2024)

Calcutta High Court while setting aside an order of excommunication of person from Sikh Community has held that excommunication due of matrimonial dis.....

Tags : Calcutta High Court, Excommunicate, Matrimonial Dispute, Article 21 of Constitution of India



Rajasthan High Court: Fully Developed Foetus Has Right to Life Under Article 21 of Constitution of In(25.01.2024)

Rajasthan High Court while denying minor rape survivor to terminate thirty one weeks pregnancy has held that fully developed foetus has the right to l.....

Tags : Rajasthan High Court, Article 21 of Constitution, Fully Developed Foetus, Termination of Pregnancy



Del. HC: South Asian University an International Organization, Not Amenable to Writ Jurisdiction(25.01.2024)

Delhi High Court has held that South Asian University is not amenable to the writ jurisdiction under Article 226 of the Constitution of India as it en.....

Tags : Delhi High Court, South Asian University, Writ Jurisdiction, International Organization, Article 226 of Constitution



SC: Power U/S 319 CrPC Has to be Exercised Before Pronouncement of Sentence in Case of Conviction(06.12.2022)

Supreme Court Constitution Bench has held that power under Section 319 of CrPC is to be invoked and exercised before pronouncement of order of sentenc.....

Tags : Supreme Court, CrPC, Constitution Bench



SC: Direct Evidence of Bribe Demand Not Necessary for Conviction Under POCA(15.12.2022)

Supreme Court Constitution Bench has held that direct evidence of demand of bribe is not necessary to convict a public servant under the Prevention of.....

Tags : Supreme Court, Constitution Bench, Prevention of Corruption Act, Bribe Demand



SC: Testimony of Hostile Witness Can be Considered to Convict Accused(16.12.2022)

Supreme Court Constitution bench while observing that witness turning hostile does not result in automatic rejection of evidence has held that there i.....

Tags : Supreme Court, Constitution bench, Hostile Witness, Reliable Evidence



Kar. HC: Can’t Stretch Protection u/a 21 to Those Posing Threat to Nation’s Sovereignty & Integrity(27.02.2024)

Karnataka High Court has held that Article 21 of Constitution of India cannot be stretched too long to afford protection to persons who have least con.....

Tags : Karnataka High Court, Article 21 of Constitution, Sovereignty



Cal. HC: Cannot Differentiate Between Contractual and Permanent Employees For Maternity Leave(27.02.2024)

Calcutta High Court has held that, for the purpose of maternity leaves any differentiation done between permanent and contractual employees shall be p.....

Tags : Calcutta High Court, Maternity Leaves, Article 14 of Constitution



Ker. HC: No Member of Hindu Public Can Claim to Perform Services That Only Archakas Can Perform(29.02.2024)

Kerala HC has held that no member of Hindu public could claim as part of rights protected by Article 25(2)(b) of Constitution of India, that a temple .....

Tags : Kerala High Court, Performing Services, Archakas, Article 25(2)(b) of Constitution



Madras HC Issues Notices on Plea for Constitution of High Powered Committee(06.04.2020)

Madras High Court has issued notice to the State Government on a Writ Petition seeking immediate constitution of a High Powered Committee, to determin.....

Tags : Madras High Court, Constitution of High Powered Committee



Bombay HC Seeks Constitution of Lok Adalats Across Zones of Railway Claims Tribunal(27.12.2021)

Bombay High Court has sought constitution of Lok Adalats across various zones of the Railway Claims Tribunal (RCT) to clear the huge pendency of cases.....

Tags : Bombay High Court, Constitution of Lok Adalats



SC: Restrictions Not Found in Article 19(2) Can’t be Imposed on Right to Free Speech(03.01.2023)

Supreme Court Constitution Bench while observing that the grounds mentioned in Article 19(2) are exhaustive, has by 4:1 majority held that additional .....

Tags : Supreme Court, Constitution Bench, Free Speech



SC Upholds Constitutional Validity of Section 3A(3) HPMVT Act(16.01.2023)

Supreme Court has upheld the constitutional validity of levy of additional special road tax under Section 3A(3) of Himachal Pradesh Motor Vehicles Tax.....

Tags : Supreme Court, Constitutional Validity, HPMVT Act



SC Strikes Down Section 10(26AAA) Income Tax Act as Unconstitutional(16.01.2023)

Supreme Court while striking down exemption provision under Section 10(26AAA) Income Tax Act as unconstitutional for excluding Sikkimese woman because.....

Tags : Supreme Court, Section 10(26AAA) Income Tax Act, Unconstitutional, Sikkimese woman



SC Quashes Notification Exempting Earth Extraction For Linear Projects From Environmental Clearance(26.03.2024)

Supreme Court while quashing Center’s Notification has set aside an amendment that eliminated the requirement of environmental clearance for extractin.....

Tags : Supreme Court, Article 14, Constitution, environmental clearance



President Gives Assent to 123rd Constitution Amendment(13.08.2018)

President Ram Nath Kovind has given assent to Constitution (One Hundred Twenty-third Amendment) Bill, 2018 giving constitutional status to the Nation.....

Tags : Constitution, OBC Commission



Manipur HC Orders Constitution of Expert Committees to Advise Govt on COVID Action Plan(17.07.2020)

Manipur High Court has directed the State Government to constitute a "Committee of Experts" that may advise the Government as to the course of action .....

Tags : Manipur High Court, Constitution of Expert Committees



SC Dismisses Centre's Review Petition Against Interpretation of 102nd Constitution Amendment(02.07.2021)

Supreme Court has dismissed the review petition filed by the Central Government against the 5-judge bench judgment of the Supreme Court which held tha.....

Tags : Supreme Court, Interpretation of 102nd Constitution Amendment



Delhi HC Issues Notice on Plea Challenging Constitutional Validity of IT Rules(08.07.2021)

Delhi High Court has issued a notice to the Central Government on a plea moved by Press Trust of India (PTI), challenging the constitutional validity .....

Tags : Delhi High Court, Constitutional Validity of IT Rules



PIL on Stray Dog Issue Refused by Supreme Court(17.07.2024)

Supreme Court has refused to entertain a Public Interest Litigation (PIL) filed regarding prevention of accidents arising due to stray dogs issue and .....

Tags : Supreme Court, Public Interest Litigation, Constitutional Courts



Centre Introduces Constitutional Amendment Bill to Restore States' Power to Identify SEBCs(10.08.2021)

Central Government has introduced in the Lok Sabha the Constitution (One hundredth and twenty seventh amendment) Bill 2021 to restore the power of Sta.....

Tags : Central Government, Constitutional Amendment Bill



Bombay HC: Mandatory Pre-Deposit U/S 129E of the Customs Act Is Constitutional(14.07.2022)

Bombay High Court has held that the fiscal legislation can very well stipulate as a requirement of law a mandatory pre-deposit as a condition preceden.....

Tags : Bombay High Court, Customs Act, Mandatory Pre-Deposit, Constitutional



Telangana HC Strikes Down Ennuchs Act as Unconstitutional(10.07.2023)

Telangana High Court while striking down the Telangana Eunuchs Act, 1329 Fasli, as unconstitutional, observed that the statute is an intrusion into pr.....

Tags : Telangana High Court, Ennuchs Act, Unconstitutional



Meg. HC: HC/SC Can’t Interfere with Views of Specialized Body Unless Grossly Inappropriate(10.07.2023)

Meghalaya High Court has held that body that deals with a particular type of matters is expected to have greater command over law applicable in the fi.....

Tags : Meghalaya High Court, Specialized Body, Constitutional Court



Supreme Court: Constitutional Validity of Section 6A of Citizenship Act, 1955 Upheld(17.10.2024)

Supreme Court has upheld the constitutional validity of Section 6A of Citizenship Act, 1955 that grants citizenship to immigrants who entered India be.....

Tags : Supreme Court, Constitutional Validity, Citizenship Act, Section 6A



SC Recalls Judgement Striking Down S. 3(2) and 5 of the Benami Transactions (Prohibition) Act, 1988(21.10.2024)

Supreme Court has recalled its judgement which struck down Sections 3(2) and 5 of the Benami Transactions (Prohibition) Act, 1988 as unconstitutional.

Tags : Supreme Court, Unconstitutional, Section 3(2)



Supreme Court: Constitution to Lose Importance if Fundamental Rights are Breached(21.11.2019)

Supreme Court has observed that the Constitution will "lose its importance" if there is no redressal for breach of fundamental rights, such as right t.....

Tags : Supreme Court, Constitution



Madras HC issues Notice on Plea Challenging Constitutional Validity of Faceless Assessment Scheme(28.10.2021)

Madras High Court has issued the notice to the Centre on plea challenging the constitutional validity of the Faceless Assessment Scheme.

Tags : Madras High Court, Constitutional Validity of Faceless Assessment Scheme



SC: Court Can’t Issue Writ to Legislature to Enact a Particular Law(14.08.2023)

Supreme Court while setting aside the direction of Madras High Court that directed the Central government to codify tort law has held that no Constitu.....

Tags : Supreme Court, Legislature, Tort Law, Constitutional Court



Kar. HC: Contents of Azan Don't Violate Rights of Other Faiths Under Article 25/26 Constitution(23.08.2022)

Karnataka High Court has held that Article 25 and 26 of Constitution embraces principle of religious tolerance and contention that content of Azan vio.....

Tags : Karnataka High Court, Azan, Other Faith, Constitution



SC Declares Section 3(2) of Benami Transactions Prohibition Act as Unconstitutional(23.08.2022)

Supreme Court has held that Section 3(2) of the Benami Transactions (Prohibition) Act 1988 as unconstitutional on the ground of being manifestly arbit.....

Tags : Supreme Court, Benami Transaction, Unconstitutional



Mad. HC: Continuance of Senthil Balaji as Minister w/o Portfolio Against Constitutional Ethos(06.09.2023)

Madras High Court while observing that continuance of V. Senthil Balaji as a Minister without Portfolio does not augur well with Principles of Constit.....

Tags : Madras High Court, V. Senthil Balaji, Constitutional Ethos



SC: 2014 Judgment Declaring Section 6A of DSPE Act as Unconstitutional has Retrospective Effect(11.09.2023)

Supreme Court has held that declaration made in Subramanian Swamy v. Union of India (MANU/SC/0417/2014), as to the unconstitutionality of Section 6A o.....

Tags : Supreme Court, Section 6A, DSPE Act, Unconstitutional, Retrospective Effect



Supreme Court Calls Repromulgation of Ordinance a ‘Fraud’ on Constitution(03.01.2017)

Supreme Court has said that repromulgation of an ordinance was a fraud on Constitution as it was never meant to be an independent source of law.

Tags : Supreme Court, Ordinance, Constitution



Delhi HC Asks J&K: Do J&K HC Judges Takes Oath Under Indian Constitution(03.01.2017)

Delhi High Court sought to know from State of Jammu and Kashmir if its High Court judges take oath owing allegiance to Indian Constitution.

Tags : Delhi High Court, Jammu and Kashmir, Indian Constitution



Telangana HC Holds Telangana Value Added Tax (Second Amendment) Act, 2017 to be Unconstitutional(15.07.2022)

Telangana High Court has held that the Telangana Value Added Tax (Second Amendment) Act, 2017 is unconstitutional.

Tags : Telangana High Court, Value Added Tax, Unconstitutional



Allahabad HC: Food and Food Habits Part of Right To Life(05.04.2017)

Allahabad High Court while hearing a petition filed by retail meat shop owner to renew his licence has held that food, food habits and vending thereof.....

Tags : Allahabad High Court, Constitution of India, Right to life



Raj HC to State: Provide Details of Curriculum & Management of Madrasas(18.07.2023)

Rajasthan High Court while hearing a PIL to declare the enactment of Rajasthan Madarsa Board Act, 2020, as unconstitutional, has directed State Govern.....

Tags : Rajasthan High Court, Madrasa, PIL, Unconstitutional



Kar. HC: Right to Associate and Association are Constitutionally Guaranteed(19.07.2023)

Karnataka High Court while observing that Right to associate and association are constitutionally guaranteed, has held that people gathering to pay ho.....

Tags : Karnataka High Court, Right to Associate, Constitutional Guarantee



SC Refers Delhi Government's Challenge Against Centre's Ordinance on Services to Constitution Bench(21.07.2023)

Supreme Court while observing that the extent of the powers of Parliament under Article 239AA(7) were not considered in either of the earlier Constitu.....

Tags : Supreme Court, Ordinance, Services, Constitution Bench



Kerala High Court Directs State to Speed Up Reconstitution of Selection Committee(31.08.2021)

Kerala High Court has directed the State to speed up the reconstitution of the selection committee and finalise the selection to the post of Chief Inv.....

Tags : Kerala High Court, Reconstitution of Selection Committee



Delhi HC: Person Invoking Article 226 Must Come With Clean Hands, Disclose Correct Facts(25.05.2022)

Delhi High Court has observed that a person approaching the High Court under Article 226 of the Constitution must come with a pair of clean hands, add.....

Tags : Delhi High Court, Article 226, Constitution



Mad. HC: Developing Hatredness Towards Trans-Genders in Locality is Unconstitutional(18.08.2023)

Madras High Court has observed that the act of Panchayat president seeking cancellation of land granted by Government to transpersons in the locality .....

Tags : Madras High Court, Trans-Genders, Land, Unconstitutional



Delhi HC Declares Section 22(3) of Competition Act Unconstitutional(15.04.2019)

Delhi High Court has declared Section 22(3) of the Competition Act, 2002 as unconstitutional and void.

Tags : Delhi High Court, Competition Act, Unconstitutional



Karnataka HC Directs State to File Response on PIL About Constitution of Ward Committees(23.02.2021)

Karnataka High Court has directed the State government to file its response on a Public Interest Litigation petition complaining about non-constitutio.....

Tags : Karnataka High Court, Constitution of Ward Committees



SC: Larger Bench Judgment Will Prevail Regardless of Number of Judges in Majority(19.09.2022)

Supreme Court Constitution Bench has held that a judgment delivered by a larger bench will prevail irrespective of the number of judges constituting t.....

Tags : Supreme Court, Constitution Bench, Larger Bench



JKL HC: Detention Orders on Irrelevant Grounds are Violative of Constitutional Rights(27.10.2023)

Jammu and Kashmir and Ladakh High Court has held that inclusion of an irrelevant, non-existent, obscure, or vague ground is an invasion of the constit.....

Tags : Jammu and Kashmir and Ladakh High Court, Detention Orders, Constitutional Rights



SC: Question of Constitutional Validity Cannot be Dealt in a Casual/Cryptic Manner(29.07.2022)

Supreme Court while setting aside Karnataka High Court judgment which held Section 20 of Karnataka Slum Areas (Improvement and Clearance) Act, 1973 as.....

Tags : Supreme Court, Karnataka High Court, Unconstitutional



SC: 100% Reservation for Local Residents in Scheduled Areas Unconstitutional(03.08.2022)

Supreme Court has held that 100% reservation provided for the local residents in scheduled area would be violative of Article 16(2) of the Constitutio.....

Tags : Supreme Court, Reservation, Unconstitutional



Karnataka HC: Constitutional Functionaries Can't be Summoned as Witnesses on Mere Asking(05.08.2022)

Karnataka High Court has held that in civilised jurisdictions functionaries of constitutional bodies are not subjected to subpoena since they have to .....

Tags : Karnataka High Court, Civilised Jurisdiction, Constitutional Functionaries, Subpoena



SC Upholds Validity of IBC Provisions Relating to Personal Guarantors(09.11.2023)

Supreme Court has upheld the constitutional validity of IBC provisions (Section 95 to Section 100) relating to Personal Guarantors Insolvency Resoluti.....

Tags : Supreme Court, IBC, Constitutional Validity, Personal Guarantors



Mad. HC: Punishing Person Without Proper Identification Directly Impinges Personal Liberty(01.06.2023)

Madras High Court while setting aside conviction of man charged for robbery has highlighted need for Test Identification Parade (TIP) and observed tha.....

Tags : Madras High Court, Test Identification Parade, Article 21 of the Constitution, Personal Liberty



Del. HC Uphelds Constitutional Validity of Rule 4 of Delhi High Court (Original Side) Rules, 2018(27.08.2024)

Delhi High Court has upheld the constitutional validity of Rule 4, Chapter VII of the Delhi High Court (Original Side) Rules, 2018 which makes it mand.....

Tags : Delhi High Court, Constitutional Validity, Written Statement



SC: Cannot Delay Implementation of Bail Order After Finding Accused Entitled To Bail(03.09.2024)

The Supreme Court has ruled that once a court concludes that an accused is entitled to bail, it cannot postpone the implementation of the bail order, .....

Tags : Supreme Court, bail,, Article 21 of the Constitution



SC: Can’t Direct Legislature to Enact Law for Enforcement of Fundamental Duties(12.09.2024)

SC while hearing a plea seeking enforcement of the Fundamental Duties under the Constitution of India, has observed that duties are very important but.....

Tags : Supreme Court, Fundamental Duties, Constitution of India



Supreme Court: In Matters of Personal Liberty, Each Day’s Delay Matters(13.09.2024)

Supreme Court has held that in the matters pertaining to personal liberty of the citizens, the Authorities are enjoined with a constitutional obligati.....

Tags : Supreme Court, Personal Liberty, Constitutional Obligation



Supreme Court: Private Parties are Free to Change their Party Loyalties(23.09.2024)

SC has held that private citizens are free to change their party loyalties, there is no bar on a private citizen professing loyalty to any political p.....

Tags : Supreme Court, Constitutional Amendment, Private Citizens



SC: Bar of limitation Can’t be Eluded by Taking Recourse of Art. 136 When Statutory Appeal Available(04.01.2024)

Supreme Court while observing that bar of limitation cannot be avoided by taking recourse of proceedings under Article 136 of the Constitution when a .....

Tags : Supreme Court, Limitation, Constitution, Statutory Appeal



SC Rules in Favor of Central Government in batch of pleas challenging the Abrogation of Article 370(11.12.2023)

Supreme Court Constitution Bench has unanimously held that Jammu and Kashmir does not hold any internal sovereignty after accession to Union of India .....

Tags : Supreme Court, Article 370, Constitution Bench



Rajya Sabha Passes GST Bill(04.08.2016)

Rajya Sabha has passed the Constitution (One Hundred and Twenty-Second Amendment) (GST) Bill, 2014.

Tags : Rajya Sabha , Constitution (One Hundred and Twenty-Second Amendment) (GST) Bill, 2014



SC Issues Notice in Plea Challenging Constitutional Validity of S. 18 of Transgender Act(21.01.2022)

Supreme Court has issued notice to the Union Government in a writ petition filed challenging the Constitutional validity of Section 18 of the Transgen.....

Tags : Supreme Court, Constitutional Validity of S. 18 of Transgender Act



Mad HC: Lawyers Enlisted by Banks Don’t Hold Civil Post; Not Entitled to Reservation Under Art. 16(06.02.2024)

Madras High Court has held that the lawyers who are empanelled by the banks to represent them in cases do not hold a civil post and thus, the law of r.....

Tags : Madras High Court, Article 16 of Constitution, Reservation, Appointment



Madras HC: Participation in Funeral of Immediate Family Member Part of Article 25 of Constitution(12.02.2024)

Madras High Court while paving way for an undertrial to attend his father’s funeral, has held that right to attend funeral of the parent/spouse/child .....

Tags : Madras High Court, Article 25 of Constitution



Ker HC: Writ Jurisdiction Under Article 226 of Constitution Can’t Be Invoked For Execution of Decree(16.02.2024)

Kerala High Court has held that for execution of a decree, writ jurisdiction under Article 226 of the Constitution of India cannot be invoked when the.....

Tags : Kerala High Court, Writ Jurisdiction, Article 226 of Constitution, Execution of Decree



MP HC: Provision Requiring Inter-Faith Couples to Declare Conversion Before DM is Unconstitutional(18.11.2022)

Madhya Pradesh High Court has held that Section 10 of MP Freedom of Religion Act, 2021 which requires a person desiring to convert religion to give a .....

Tags : Madhya Pradesh High Court, Freedom of Religion, Unconstitutional



Madras HC: Proceedings U/S 12 of DV Act Can Be Challenged Only Under Article 227(18.11.2022)

Madras High Court has held that proceedings under Section 12 of Domestic Violence Act can be challenged in High Court only under Article 227 of Consti.....

Tags : Madras High Court, Domestic Violence, Constitution



SC: Armed Forces Personnel Liable to Face Disciplinary Action for Adultery(01.02.2023)

Supreme Court Constitution Bench has held that striking down of Section 497 of IPC which criminalized adultery will not impact court martial proceedin.....

Tags : Supreme Court, Constitution Bench, Adultery, Armed Forces, Disciplinary Action



SC to WhatsApp: Widely Publicise That Users Aren't Bound to Accept 2021 Privacy Policy(02.02.2023)

Supreme Court Constitution Bench has directed WhatsApp to widely publicise its stand that WhatsApp users in India don’t have to accept its 2021 privac.....

Tags : Supreme Court, Constitution Bench, WhatsApp, Data Protection Bill, Privacy Policy



SC: Art. 300A of COI Enshrining Right to Property Applicable on People Who Aren’t Citizens of India(26.02.2024)

Supreme Court has held that the expression person in Article 300-A of Constitution of India (COI) covers not only a legal or juristic person but also .....

Tags : Supreme Court, Article 300-A of Constitution, Right to Property



All. HC: Denying Pension by Applying Amended Rule Retrospectively Violates Arts. 14 & 16 of COI(25.01.2024)

Allahabad HC has held that denying pension to individual by retrospectively applying Uttar Pradesh Electricity Regulatory Commission (Appointment and .....

Tags : Allahabad High Court, Denying Pension, Article 14 of Constitution, Article 16 of Constitution



Allahabad High Court: Medical Grant A Fundamental Right Under Article 21 of Constitution of India(29.01.2024)

Allahabad High Court while directing the State to pay additional compensation to mother-son duo who suffered acid attack injuries, has held that medic.....

Tags : Allahabad High Court, Medical Grant, Article 21 of Constitution



Supreme Court Quashes Defamation Case Against Newspaper, States it as ‘Published in Good Faith’(31.01.2024)

SC while quashing a criminal defamation case against the owner of a newspaper over an article, has held that the news article in question was publishe.....

Tags : Supreme Court, Defamation, Good Faith, Article 19(1)(a) of Constitution



Tel. HC: Constitutional Validity of Section 38(2) of RP Act and Rule 5.7.1 of ECI’s Handbook Upheld(01.03.2024)

Telangana High Court has upheld the constitutional validity of Section 38(2) of the Representation of the People Act, 1951 (RP Act) and Rule 5.7.1 of .....

Tags : Telangana High Court, Section 38(2) of RP Act, Election Commission of India, Constitutional Validity



Supreme Court: MPs/MLAs Cannot Claim Immunity Under Constitution of India For Receiving Bribe(04.03.2024)

Supreme Court has held that Members of Parliament and Legislative Assemblies cannot claim immunity under Articles 105(2) and 194(2) of the Constitutio.....

Tags : Supreme Court, Members of Parliament, Legislative Assemblies, Article 105(2) of Constitution



SC: Article 20 Doesn’t Restrain Court from Imposing Lesser Punishment According to New Enforced Law(11.03.2024)

Supreme Court has held imposition of lesser punishment by courts, according to a new law that was enforced after the date of committing an offence, ca.....

Tags : Supreme Court, Lesser Punishment, Article 20 of Constitution



Supreme Court: Cannot Describe Criticizing Abrogation of Article 370 of Constitution, as an Offence(11.03.2024)

Supreme Court has held that every citizen of India has a right to be critical of the action of abrogation of Article 370 of the Constitution of India .....

Tags : Supreme Court, Article 370 of Constitution, Abrogation



Delhi High Court: Cannot Compromise Individual’s Right to Use His or Her Name for Own Goods(11.03.2024)

Delhi High Court has held that an individual’s right to use his/her name for their own goods cannot be compromised as it would result in infringement .....

Tags : Delhi High Court, Identity Marker, Unconstitutional



State of Kerala’s Suit Challenging Limits on State’s Borrowing Capacity Referred to Consti. Bench(01.04.2024)

Supreme Court while refusing to pass orders of interim relief in favor of the State of Kerala, has referred the suit challenging the limits on the Sta.....

Tags : Supreme Court, Borrowing Capacity, State of Kerala, Constitution Bench



Delhi HC: Virginity Test is Unconstitutional(08.02.2023)

Delhi High Court while observing that virginity test is “sexist” and violates human right to dignity has held that virginity test conducted on an accu.....

Tags : Delhi High Court, Virginity Test, Unconstitutional



SC: High Courts Not Subordinate to Supreme Court(15.02.2023)

Supreme Court while considering SLP seeking to direct Patna High Court to decide a pending writ petition within a time bound schedule, has observed th.....

Tags : Supreme Court, Subordinate Courts, Constitutional Courts



SC: Indian Association for the Cultivation of Science is a State(17.02.2023)

Supreme Court has held that the Indian Association for the Cultivation of Science (IACS) is a ‘State’ within the meaning of Article 12 of the Constitu.....

Tags : Supreme Court, State, Constitution



Supreme Court: Jurisdiction of HC Under Article 226 Explained When Alternate Remedies Available(12.04.2024)

SC has clarified that the High Court will not entertain a petition under Article 226 of the Constitution of India if an effective alternative remedy i.....

Tags : Supreme Court, Article 226 of Constitution, Alternate Remedies



Supreme Court Refers Plea for National Court of Appeals to Constitution Bench(13.07.2016)

SC has referred to the Constitution Bench a plea seeking setting up of National Court of Appeal with regional benches in major cities for deciding cas.....

Tags : SC , Constitution Bench , National Court of Appeal



Taiwan’s Constitutional Court Rules 'Illegal to Ban Marriages Between Two People of Same Sex'(25.05.2017)

Taiwan’s Constitutional Court, while paving the way for Asia’s first law allowing same-sex marriage, has ruled that it is illegal to ban marriages bet.....

Tags : Taiwan’s Constitutional Court, same-sex marriage



Chhattisgarh HC: 100% Reservation for Women is Unconstitutional(13.03.2023)

Chhattisgarh High Court has declared Note-2 under Schedule-III of Chhattisgarh Medical Education Service Recruitment Rules, 2013 & consequent advertis.....

Tags : Chhattisgarh High Court, Unconstitutional, Chhattisgarh Medical Education (Gazetted) Service Recruitment Rules



Constitution Bench Judgment Not Considered, Supreme Court Recalls Judgement Passed in 2022(20.05.2024)

Supreme Court while recalling its judgement passed in 2022, has observed that ignoring the law laid down by the Constitution Bench and taking a view t.....

Tags : Supreme Court, Constitution Bench, Material Error



Delhi HC: Transgender Person to Produce Gender Re-Assignment Certificate, Violates Article 21(12.04.2022)

Delhi High Court has held that the Passport Rules, 1980 as they require a Transgender person to produce Gender Re-assignment certificate Surgery, is p.....

Tags : Delhi High Court, Passport Rules, Transgender person, Gender Re-assignment certificate, Article 21 of the Constitution



Karnataka HC Upholds Constitutional Legality of Proviso (v) to S.14(1) SARFAESI Act(14.04.2022)

Karnataka High Court has upheld the Constitutional legality of proviso (v) Section 14(1) of the Securitization and Reconstruction of Financial Assets .....

Tags : Karnataka High Court, Constitutional legality, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002



SC: Arbitration Agreement in Unstamped Contract Which is Exigible to Stamp Duty Not Enforceable(25.04.2023)

Supreme Court Constitution Bench has held that instrument which is exigible to stamp duty may contain arbitration clause and which is not stamped can’.....

Tags : Supreme Court, Constitution Bench, Arbitration Agreement, Unstamped Contract



SC: Court Can Dissolve Marriage Using Article 142 in Case of Irretrievable Breakdown of Marriage(01.05.2023)

Supreme Court Constitution Bench has held that it is possible for Supreme court to dissolve marriage on the ground of irretrievable breakdown of marri.....

Tags : Supreme Court, Constitution Bench, Marriage, Irretrievable Breakdown



SC: Const. Courts Can Impose Life Sentence for Fixed Term Without Remission(30.03.2023)

Supreme Court has held that even in case where capital punishment is not imposed, Constitutional Courts can impose fixed term sentence by directing th.....

Tags : Supreme Court, Life Sentence, Remission, Capital Punishment, Constitutional Courts



SC to IOA: Follow Draft Constitution Framed By Justice L.N. Rao Pending its Finalization(07.04.2023)

Supreme Court has directed Indian Olympic Association (IOA) that it is obligated to comply with a draft constitution framed under the supervision of t.....

Tags : Supreme Court, Indian Olympic Association, Draft Constitution



Constitutional Validity of S. 71(3A) of IT Act Upheld by Delhi High Court(03.06.2024)

Delhi High Court has upheld the constitutional validity of Section 71(3A) of the Income Tax Act, 1961 which was added by Section 31 of the Finance Act.....

Tags : Delhi High Court, Constitutional Validity, Income Tax Act, 1961



Ker. HC: High Degree of Diligence Required from Authorities in Matters of Preventive Detention(04.06.2024)

Ker. HC has held that diligence of a high degree is expected from authorities in cases of preventive detention as it involves curtailment of some of t.....

Tags : Kerala High Court, Preventive Detention, Constitutional Right



SC Refers Issue of Validity of GST on Lease/Rent Payments to 9 Judge Constitution Bench(20.04.2023)

Supreme Court while referring the issue of constitutional validity of GST on lease/rent payments to 9 judges constitution bench, has clarified that th.....

Tags : Supreme Court, Constitution Bench. GST, Lease/Rent



Himachal Pradesh High Court: Timeline Cannot be Imposed on Speakers to Decide Resignations of MLAs(19.06.2024)

Himachal Pradesh High Court has held that no timeframe can be fixed by the Constitutional Court for the Speaker to decide the issue of resignation ten.....

Tags : Himachal Pradesh High Court, Constitutional Court, Resignation, Legislative Assembly



Utt. HC: Conditional Liberty Must Override Statutory Embargo Under NDPS Act(21.06.2024)

Utt. HC has observed that prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 21 of the .....

Tags : Uttarakhand High Court, A. 21 of Constitution, Statutory Embargo, Prolonged Incarceration



Kar. HC: For Denial of Relief by Court, Political Influence in Transfer & Posting May be the Ground(25.06.2024)

Karnataka High Court has observed that the act of public servants causing political influence in matters of transfer & posting is a matter of deprecat.....

Tags : Karnataka High Court, Political Influence, Public Servants, Constitutional Jurisdiction



Bom. HC: Constitutional Validity of UGC Regulations on Open and Distance Learning, Upheld(09.07.2024)

Bom HC has upheld constitutional validity of UGC (Open & Distance Learning Programmes & Online Programmes) Regulations, 2020 that require universities.....

Tags : Bombay High Court, UGC Regulations, Constitutional Validity, Distance Learning



Gauhati HC Seeks Response on Constitution of State Mental Health Authority(16.07.2021)

Gauhati High Court has sought the response of State Government as to whether the State Mental Health Authority has been constituted under the mandate .....

Tags : Gauhati High Court, Constitution of State Mental Health Authority



SC: HCs Can Issue Additional Directions Under Article 226/227 While Considering Bail Pleas(16.05.2023)

Supreme Court has held that High Courts can issue directions by virtue of powers under Article 226/227 while considering bail pleas and observed that .....

Tags : Supreme Court, High Courts, Constitution, Bail, Directions



SC Upholds Practice of Jallikattu As Permitted by the 2017 Tamil Nadu Amendment(18.05.2023)

Supreme Court Constitution Bench while upholding practice of Jallikattu as permitted by the 2017 Tamil Nadu Amendment to the Prevention of Cruelty to .....

Tags : Supreme Court, Constitution Bench, Jallikattu, Prevention of Cruelty to Animals



Del. HC: Filing Piece-Meal Charge-sheet for Defeating Right to Default Bail is Against Article 21(22.05.2023)

Delhi High Court has held that picking one aspect of the investigation and filing a piecemeal charge-sheet to defeat the applicant’s right to default .....

Tags : Delhi High Court, Default Bail, Constitution



Supreme Court: Performance Audit of Maharashtra Slum Areas Act, Directed(01.08.2024)

SC while suggesting audit of Maharashtra Slum Areas Act, 1971 has stated that reviewing and assessing implementation of statute is an integral part of.....

Tags : Supreme Court, Performance Audit, Constitutional Courts



Supreme Court: It’s the Constitutional Duty of State to Protect Water Bodies(19.07.2024)

Supreme Court has held that it is the paramount duty of the State not only to protect the ponds/lakes/water bodies in the State but also to ensure tha.....

Tags : Supreme Court, Water Bodies, Constitutional Duty



Ker. HC: Response Sought from Govt. Regarding Tourism Dept. Vehicles Carrying Dignitaries(24.07.2024)

Ker. HC has sought response from the Government on a query regarding the vehicles owned by the Tourism Department, which are used for carrying constit.....

Tags : Kerala High Court, Tourism Department, Constitutional Dignitaries



SC Upholds Citizen's Right to Challenge Constitutional Amendment Affecting States' Power(21.07.2021)

Supreme Court has observed that when a citizen of India challenges a constitutional amendment as being procedurally infirm, it is the duty of the Cour.....

Tags : Supreme Court, Citizen's Right to Challenge Constitutional Amendment Affecting States' Power



Kerala HC: Constitutional Jurisdiction Cannot be Used for Deciding Disputes(21.07.2021)

Kerala High Court has held that its constitutional jurisdiction cannot be used for deciding disputes for which remedies under the civil law are availa.....

Tags : Kerala High Court, Constitutional Jurisdiction



Rajasthan High Court Issues SOP to Protect Constitutional Rights of Couples(05.08.2024)

Rajasthan High Court after taking notice of the unnecessary harassment and violence faced by couples by their families and others, has issued a Standa.....

Tags : Rajasthan High Court, Constitutional Rights, Standard Operating Procedure



Bombay HC: Constitutional Validity of Regulation Setting Out Qualification to Obtain CoP, Upheld(09.08.2024)

Bom. HC has upheld constitutional validity of Regulation 10 of Institute of Actuaries of India Regulations, 2017 that sets out the qualification requi.....

Tags : Bombay High Court, Constitutional Validity, Certificate of Practice



Raj. HC: Right To Live with Dignity Includes Being Able to Attend Once in a Lifetime Family Rituals(29.10.2024)

Rajasthan High Court, while allowing the interim bail application filed by the Accused’s son has ruled that right to life under Article 21 of Constitu.....

Tags : Rajasthan High Court, Article 21 of Constitution, right to life



Supreme Court Upholds Constitutional Validity of UP Madarsa Education Act, 2004(05.11.2024)

SC while setting aside Allahabad High Court’s judgement that struck down the UP Board of Madarsa Education Act, 2004, has upheld the constitutional va.....

Tags : Supreme Court, Madarsa Education Act, Constitutional Validity



Disclaimer | Copyright 2024 - All Rights Reserved