Sub-classification of SCSTs (2)
Case BriefsSupreme Court (Constitution/Larger Benches)

“State has neither executive nor legislative power to sub-classify or sub-divide or re-group the castes, races or tribes specified as the “Scheduled Castes” in the Presidential List notified under Article 341. Under the guise of providing reservation or under the pretext of taking affirmative action for the weaker of the weakest sections of the society, the State cannot vary, nor tinker the Presidential List.”

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appointment of aldermen by LG
Hot Off The PressNews

The Court upheld the appointment of ten aldermen to the MCD by the Lieutenant Governor without consultation of the State Cabinet.

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exclude creamy layer SC/ST
Case BriefsSupreme Court (Constitution/Larger Benches)

“The criteria for exclusion of the creamy layer from the SCs and STs for the purpose of affirmative action could be different from the criteria as applicable to the Other Backward Classes.”

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sub-classification of SCSTs
Case BriefsSupreme Court (Constitution/Larger Benches)

“Article 341 does not create an integrated homogenous class. Sub-classification within the Scheduled Castes does not violate Article 341(2) because the castes are not per se included in or excluded from the List.”

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Maharashtra Slum Areas Act
Case BriefsSupreme Court

“Legal reform through legislative correction improves the legal system and it would require assessment of the working of the law, its accessibility, utility and abuse as well. Executive branch has a constitutional duty to ensure that the purpose and object of a statute is accomplished while implementing it, along with duty to closely monitor the working of a statute and must have a continuous and a real time assessment of the impact that the statute is having.”

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Sub-classification of SCSTs
Hot Off The PressNews

In E.V. Chinnaiah v. State of A.P., (2005) 1 SCC 394, the Supreme Court five Judge Bench held that Scheduled Castes form homogenous classes and there cannot be any sub-division, and that such sub-classification of SC/STs is contrary to Article 341 of the Constitution.

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Supreme Court Roundup July 2024
Legal RoundUpSupreme Court Roundups

July, just after the summer break, was the month of ground-breaking and landmark decisions. From long arguments on NEET-UG 2024 scam to landmark decisions on genetically modified crops, guidelines on portrayal of persons with disabilities in visual media, films, and maintainability of WB’s suit against misuse of CBI, this roundup revisits it all.

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Meghalaya High Court
Case BriefsHigh Courts

The Court clarified that the deviations from number of vacancies and appointments on them are permissible in exceptional circumstances or emergent situation, for clear and anticipated vacancies and not future vacancies.

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National Green Tribunal
Case BriefsTribunals/Commissions/Regulatory Bodies

The companies claimed to generate far more certificates than what their actual recycling capacity permitted for. It was also alleged that the recycling companies generated and sold fake Extended Producer Responsibility (EPR) certificates without actually recycling the plastic waste.

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Senior Adv. Sidharth Luthra
Case BriefsDistrict Court

Senior Advocate Sidharth Luthra alleged that accused had created a forged legal notice and sent it to the Managing Director and CEO, IndusInd Bank Ltd. and other Senior dignitaries of the bank to release the funds.

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District Judicial Service
Case BriefsSupreme Court

The imposition of such a requirement was manifestly proper, as judicial officers are required to appreciate the evidence in the State’s language.

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65% reservation
Hot Off The PressNews

The Supreme Court refused to grant interim relief at this stage.

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High Court weekly Round Up
High Court Round UpLegal RoundUp

A quick legal roundup to cover important stories from all High Courts this week.

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GM mustard
Case BriefsSupreme Court

“When a legislative body enacts a legislation there is a presumption of constitutionality unless proven otherwise, similarly, a policy decision when taken by the competent authority enters the fray of enforcement with a presumption in its favour of being in public interest, unless otherwise shown, demonstrated and proven to be among other grounds, manifestly arbitrary.”

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GM mustard
Case BriefsSupreme Court

“The failure to adequately assess health and environmental impact of Genetically Modified crops seriously infringes upon intergenerational equity as it potentially endangers the ability of future citizens to enjoy the highest attainable standard of health.”

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Budget 2024-2025
Hot Off The PressNews

Priorities for Viksit Bharat, revised tax structure, exemption of three cancer drugs from custom duty, abolishment of angel tax, simplification of capital gains taxation and more

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Manipur High Court
Case BriefsHigh Courts

“In a welfare State, the hallmark in the action of the executive and legislature is the principle of equality embodied under Article 14 of the Constitution. There can be classification for the purpose of Article 14, but it should be reasonable and intelligible so that such classification forms a homogeneous group.”

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Meghalaya High Court
Case BriefsHigh Courts

In the guise of loving the minor girl, the boy had poured some intoxicating substance in the tea which made the girl unconscious and had aggravated sexual intercourse with her.

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S. 19(b) Specific Relief Act
Case BriefsSupreme Court

Section 19(b) provides that a specific performance of a contract may be enforced against any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract.

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Kanwar yatra
Case BriefsSupreme Court

The State of Uttar Pradesh, Uttarakhand and Madhya Pradesh issued the direction amidst preparations for the Kanwar Yatra, directing the shops and eateries to display the names, addresses, mobile numbers of owners and their staff.

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