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Month: August 2023

Constitution of India

Constitution of India — Art. 226 r/w Arts. 12 and 14 — Maintainability of writ petition: In a petition, challenging clauses of a contract entered into with public sector undertaking, mere existence of alternative remedy is not sufficient by itself, for relegating parties to civil remedy.

Aug 30, 2023 Advocate Raji Nathani

Held, we find that the writ petition challenging the clauses was maintainable. It is not disputed that GAIL is a Public Sector Undertaking and thus qualifies under the definition of ‘State’…

Constitution of India

Constitution of India — Art. 19(1)(g), 19(6), 26 and 30 — Establishment of educational institutions — Regulatory measures that may be imposed: Principles summarized regarding regulatory measures for establishment of educational institutions and interplay of Arts. 19(1)(g), 19(6), 26 and 30 in this regard.

Aug 29, 2023 Advocate Raji Nathani

Held, Before parting, we may observe that there could indeed be a necessity to impose certain restrictions so as to prevent mushrooming growth of pharmacy colleges. Such restrictions may be…

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