Category: Constitution of India

There are two facets of right to equality: Formal equality and substantive equality. Formal equality means that every person, irrespective of attributes must be treated equally and must not be…

Para 17– Though the decision of this Court in the case of Bijnor Urban Cooperative Bank Limited (supra) was specifically pressed in service on behalf of the Bank and was…

Para 11-  In view of the implementation of the GST and as per Article 279A of the Constitution of India, the GST Council is empowered to make recommendations to the States on…

Scope of judicial review of State action in a matter arising from non-statutory contract on ground of arbitrariness, explained. Held, We would, therefore, sum up as to when an act…

Supreme Court judgment directing all trial courts and Magistrates to act independently of interim/interlocutory orders, even of High Court, in circumstances specified in the said Supreme Court judgment. In such…

Ratio of Neeharika, (2021) 19 SCC 401, clarified and reiterated, that grant of any stay of investigation and/or any interim relief while exercising powers under S. 482 CrPC/Art. 226 of…

Scope of rights of “victim” of crime, to participate in criminal proceedings, at various stages, including at stage of bail proceedings, particularly after insertion of S. 2(wa) vide CrPC Amendment…

There is primacy of orders of High Court over those of statutory tribunals in case of conflicting orders. Law declared by the High Court in the State is binding on…

Independent income, younger age and/or bigger family of maternal aunt cannot be sole criteria to tilt balance and deny custody to grandparents when capacity and/or ability of grandparents to take…

In order to protect women victims of domestic violence occurring in a domestic relationship, the expression “joint family” in the DV Act, held, cannot be restricted to its meaning as…