Digest Of Supreme Court Cases

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

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

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 »

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.

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’ as per Article 12 of the Constitution. At the time of entering into contract, GAIL was enjoying a monopolistic position with respect to the supply of natural

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. Read More »

Constitution of India — Arts. 19(1)(a) & (2) and Pt. III, Preamble & Art. 51-A — Right to freedom of speech and expression as protected under Art. 19(1)(a) — Regulation thereof by law

The petition dealt with the misuse of the right of freedom of speech and expression, as provided under Article 19(1)(a) of the Constitution, by public functionaries who made distasteful remarks against certain individuals who were the victims of a crime. The grounds lined up in Art. 19(2) for restricting the right to free speech are

Constitution of India — Arts. 19(1)(a) & (2) and Pt. III, Preamble & Art. 51-A — Right to freedom of speech and expression as protected under Art. 19(1)(a) — Regulation thereof by law Read More »

Criminal Procedure Code, 1973 — S. 482 — Quashment of proceedings: Principles summarized regarding when quashment of proceedings is warranted

The civil suit being the Original Suit No. 1343 of 2016 between the parties is pending wherein the contention of the complainant as a plaintiff is that no sale deed dated 29.12.2010 was executed, whereas the contention of the appellant herein as a defendant in the suit is that the sale deed had been executed

Criminal Procedure Code, 1973 — S. 482 — Quashment of proceedings: Principles summarized regarding when quashment of proceedings is warranted Read More »

Penal Code, 1860 — S. 302 or 304 Pt. II — Effect of Absence of intention to kill would amount to Murder or culpable homicide

In this case, deceased was assaulted by three accused including appellant (A-2) who attacked deceased with wooden log on his head and pushed him down. The cause of death of the deceased was due to shock and haemorrhage on account of head injuries and due to subdural haematoma on the left frontal parietal region with

Penal Code, 1860 — S. 302 or 304 Pt. II — Effect of Absence of intention to kill would amount to Murder or culpable homicide Read More »

Sign up for our newsletters

The best of Business news, in your inbox.

Terms & Conditions

The rules of the Bar Council of India prohibit law firms from soliciting work or advertising in any manner. By clicking on ‘I AGREE’, the user acknowledges that:

  1. The user wishes to gain more information about Re Legal, its practice areas for his/her own information and use.
  2. That the information provided in the website is only for personal use or reference of the visitor and is provided only on his/her specific request.
  3. That the material available for downloading on the website and other information provided on the website would not create any lawyer-client relationship.
  4. That we are not responsible for any consequence of any action taken by the user relying on material/information provided under this website.
  5. That in case the visitor has any legal issues; he or she should seek independent legal advice.

The information provided under this website is for informational purposes only and solely available at your request. It should not be interpreted as soliciting or advertising. I AGREE

Agree Decline