Constitution of India

Constitution of India — Arts. 15(6) and 16(6) — Economic Disabilities or Economic Backwardness Criterion

Economic disabilities or economic backwardness, held (per majority), is a valid criterion for reservation or compensatory discrimination. Reservation structured singularly on economic criteria does not damage the basic structure of the Constitution. [Janhit Abhiyan v. Union of India (EWS Reservation), (2023) 5 SCC 1]

Constitution of India — Arts. 15(6) and 16(6) — Economic Disabilities or Economic Backwardness Criterion Read More »

Constitution of India — Art. 227 — Writ petition against order of Revisional Court rejecting plaint under Or. 7 R. 11 CPC

A Revisional Court while allowing the application filed under Or. 7 R. 11 CPC would in substance reject the plaint but since in such a case, the said decree is not passed by the court of original jurisdiction, namely, the trial court, the remedy by way of writ petition under Art. 227 of the Constitution

Constitution of India — Art. 227 — Writ petition against order of Revisional Court rejecting plaint under Or. 7 R. 11 CPC Read More »

Constitution of India — Art. 32

In this case, On October 3, 2021, eight people were killed after a vehicle belonging to and allegedly being driven by son of senior politician mowed down the protesting farmers, among others. There was incident of violence leading to multiple deaths and injuries involving son of senior politician/sitting Minister of the Union Government, which took

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Constitution of India — Arts. 226, 30 and 19(1)(g) — Maintainability of writ petition against private person or body

If action impugned before writ court has no nexus with public element, even though the private body in question may be discharging public function, held, writ jurisdiction cannot be invoked in such a case. Held, It must be consequently held that while a body may be discharging a public function or performing a public duty

Constitution of India — Arts. 226, 30 and 19(1)(g) — Maintainability of writ petition against private person or body Read More »

Constitution of India — Arts. 14, 12, 266, 136 and 32 — State action in a matter arising from non-statutory contract

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 is to be treated as arbitrary. The court must carefully attend to the facts and the circumstances of the case. It should find out whether

Constitution of India — Arts. 14, 12, 266, 136 and 32 — State action in a matter arising from non-statutory contract Read More »

Constitution of India — Art. 279-A: Directions issued regarding implementation of system for digital generation of Document Identification Number (DIN) for all communications sent by State Tax Officers to taxpayers

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 any matter relating to GST. The GST Council can also issue advisories to the respective States for implementation of the DIN system, which shall be

Constitution of India — Art. 279-A: Directions issued regarding implementation of system for digital generation of Document Identification Number (DIN) for all communications sent by State Tax Officers to taxpayers Read More »

Constitution of India — Art. 141 — Principles for determining if/which precedent is binding

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 pointed out to the High Court, the High Court instead following the binding decision of this Court in the case of Bijnor Urban Cooperative Bank

Constitution of India — Art. 141 — Principles for determining if/which precedent is binding Read More »

Constitution of India — Art. 14 — Right to equality — Requirement of Reasonable accommodation of disabled or differently-abled persons

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 discriminated, while substantive equality is aimed at producing equality of outcomes through different modes of affirmative action. Reasonable accommodation, held, one of the means for

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Constitution of India — Art. 144 — Compliance with orders of Supreme Court by High Court — Necessity of

In case of Supreme Court’s order to High Court to place before Supreme Court suggestions and road map formulated by High Court for early disposal of commercial disputes. Suggestions and road map formulated by High Court, held, should have been necessarily placed before Supreme Court well in advance so as to enable Supreme Court to

Constitution of India — Art. 144 — Compliance with orders of Supreme Court by High Court — Necessity of Read More »

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.

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 in the larger general public interest. However, if that has to be done, it has to be done strictly in accordance with law. If and

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. Read More »

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