2024 SCC Vol. 3 Part 2
Central Goods and Services Tax Act, 2017 — Ss. 127 and 129 — Penalty imposed for transportation of consignment without proper e-way
Fundamental Rights
Obligation to insert fingerprints into the storage medium of ID cards is compatible with objectives of combatting the production of false ID cards: ECJ
The ECJ stated that obligation to insert fingerprints into the storage medium of identity cards constitutes a limitation of the fundamental right to privacy and protection of personal data, which are guaranteed by the ECHR.
Can Court impose bail condition restricting involvement in political activities? – Supreme Court answers
Supreme Court quashed and set aside the condition imposed by the Orissa High Court restricting involvement in political activities.
‘Pardanashin Woman is not religious but legal concept’; Delhi High Court upholds police authority and women’s dignity beyond veil
In a landmark ruling, the Delhi High Court unequivocally dismissed the antiquated notion of ‘pardanashin,’ affirming that a woman’s dignity transcends cultural stereotypes like the veil. Upholding fundamental rights, the court emphasized that dignity is intrinsic to every individual, irrespective of religious practices.
Delhi HC refuses concerns against Anant Ambani-Radhika Merchant wedding venue, says ‘pure apprehension that injury may be caused to animals’
“It is submitted that a one-time private, and non-commercial event is being held at various locations in the complex and there is no provision contained in any law, that prohibit Respondents 3 and 4 from inviting guests to view their facilities, especially for non-commercial purposes.”
Supreme Court strikes down Electoral Bonds Scheme for being violative of right to information under Art. 19(1)(a) of Constitution
The 5-Judge Constitution Bench heard a batch of cases challenging the controversial electoral bonds scheme over three days, before reserving the verdict in November.
75 Landmark Constitutional Law Judgments in 2023 by the Supreme Court of India [Part II of III]
by Siddharth R. Gupta*
Cite as: 2024 SCC OnLine Blog Exp 10
Delay in issuance of advertisement will not create any right/legitimate expectation to seek relaxation in upper age limit for an examination: Patna HC reiterates
“It is a policy decision and the criteria prescribed by the advertisement, whether it is relating to age and/or the essential qualification, cannot be interfered with.”
75 Landmark Constitutional Law Judgments in 2023 by the Supreme Court of India [Part I of III]
by Siddharth R. Gupta*
Cite as: 2024 SCC OnLine Blog Exp 2
Gauhati High Court holds State liable to compensate an advocate for handcuffing him without just cause
The High Court observed that Rule 214 of Assam Police Manual has rendered itself archaic and needs to be amended in accordance with the laws laid down by the Supreme Court.
Deprivation of livelihood violates Article 21 of Constitution; employer must circumspect before taking away livelihood on stigmatic grounds: Rajasthan High Court
“Even otherwise, trite law it is in service jurisprudence that a stigmatic order passed on ground of alleged misconduct cannot be sustained unless a proper enquiry in accordance with law has been conducted.”
Supreme Court Verdict on Same Sex Marriage: Breakdown of the Agreements and Disagreements
In a verbose verdict running into 366 pages, the 5-judge Constitution Bench of Dr DY Chandrachud, CJI and Sanjay Kishan Kaul, S. Ravindra Bhat, Hima Kohli, PS Narasimha, JJ wrote 4 opinions on the Same Sex Marriage matter where they agreed on some points and disagreed on others.
Supreme Court dismisses PIL praying for declaring Manual Scavengers Act unconstitutional; Grants liberty to move to High Court
A PIL on the implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 is pending before the Supreme Court.
Supreme Court of Mauritius decriminalises sodomy between two consenting adult males
S. 250(1) of Criminal Code Act, 1838, is discriminatory in effect, and breaches Section 16 of the Constitution inasmuch as it criminalises the only natural way for homosexual men to have sexual intercourse.
Home Ministry to prepare a comprehensive manual on media briefings by police personnel: Inside Supreme Court verdict
Supreme Court directed the Ministry of Home Affairs to complete the manual on media briefings by 31-12-2023
‘Not violative of Articles 19(1)(g), 300-A of Constitution’; Patna High Court upholds constitutionality of Section 16(4) of CGST Act, 2017 and BGST Act, 2017
“Fiscal legislation having uniform application to all registered persons, cannot be said to be violative of Article 19(1)(g) of the Constitution and the question of such statutory provision being violative of Article 302 of the Constitution and in teeth of Article 13 of the Constitution of India does not arise at all.”
Creating separate classification in appointments for better qualification will not violate fundamental rights of a person: Delhi High Court
“The Central Public Sector Enterprises are entrusted to work efficiently and generate profits for the government. For the same, the Public Enterprises Selection Board needs to appoint better qualified candidates to run and oversee the operations of the said entities.”
Does refusing paternity leave to father violate a newborn child’s right to life? Madras High Court answers
The Central Civil Services (Leave) Rules, 1972 provides with paternity leave. But such a welfare measure is not provided by the various states in India, including the state of Tamil Nadu. This case marks the need for paternity leave legislation in India.
Test Identification Parade does not violate Article 20(3) of Constitution: Supreme Court upholds conviction order of murder convict
The Supreme Court viewed that after the introduction of Section 54A in CrPC, an accused is under an obligation to stand for Test identification parade.
Madras High Court dismisses lawyers’ pleas praying to participate as eligible candidates in direct recruitment to the post of Civil Judge
“If the plea of the petitioners is accepted, it would amount to opening a Pandora box and several other similarly candidates would start knocking at the doors of this Court with the similar demand and in that case, recruitment will turn out to be a never-ending process as the examination is scheduled on 19-08-2023.”