Judicial Process in Maharashtra Assembly Defection Case
by Vijay K. Tyagi†
Judicial Review
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Supreme Court: On the issue of the scope of judicial review of action by the State in a matter arising from a
Prescribing minimum qualification, selection criteria exclusively fall in the realm of the employer and its judicial review is very limited, Allahabad High Court reiterates
Allahabad High Court: In a public interest litigation petition instituted under Article 226 of the Constitution of India challenging the
Tripura High Court | Employees of statutory organizations cannot claim pensionary benefits as a matter of right
Tripura High Court: In a batch of writ petitions filed for directing the State Government to provide similar Pension benefit as granted
Interpretation of Schedule X of the Constitution vis-à-vis Disqualification; Speaker/Governor’s powers; Judicial Review: CJI led 3-judge bench refers matter to 5-judge Constitution bench
Supreme Court: The 3-judge bench of NV Ramana, CJI and Krishna Murari and Hima Kohli, JJ has referred the question relating to
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“An opinion accompanied by inadequate reasoning would not satisfy the requirements of Section 432 (2), CrPC”, SC directs presiding officer to reconsider remission application
“Section 432 (2) of the CrPC would stand defeated if the opinion of the presiding judge becomes just another factor that may be taken into consideration by the government while deciding the application for remission.”
Acquitted in the criminal case but employer still going ahead with the disciplinary proceeding? Read the law laid down by Supreme Court
“The purpose of a disciplinary proceeding by an employer is to enquire into an allegation of misconduct by an employee which results in a violation of the service rules governing the relationship of employment.”
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Delhi High Court: The Division Bench of D.N. Patel, CJ and Jyoti Singh, J., held that the Chairman of Central Administrative Tribunal
SC allows RPSC to go ahead with RAS Mains Exam; Candidates challenging Pre exam result allowed to sit in Mains. Here’s how their result to be declared
Supreme Court: In a breather to the candidates challenging the RAS Pre-examination result, the bench of KM Joseph and Hrishikesh Roy, JJ
Raj HC | It would be open for RPSC to conduct written main examination on the rescheduled date, Single Judge bench order stayed
Rajasthan High Court: A Division Bench of Akil Kureshi CJ and Sudesh Bansal J. stayed the impugned judgment and left it open
Dr Subramanian Swamy’s plea that Air India’s Disinvestment is arbitrary, illegal, corrupt: 5-pointer report of Del HC decision
Delhi High Court: The Division Bench of D.N. Patel, CJ and Jyoti Singh, J., dismisses Dr Subramanian Swamy’s plea stating that any
Aadhaar| When 4:1 majority refused to review the Aadhaar-5 Judges verdict but Justice Chandrachud dissented
Supreme Court: In spite of going through several rounds of litigation and long hours consideration, the Adhaar Controversy had once again popped
Right to Demand Respect & Inter-Cadre Transfers | Significance of ‘cogent reason’ while declining inter-cadre transfer: Del HC explains
Delhi High Court: Addressing a grievance with regard to the denial of inter-cadre transfer Division Bench of Rajiv Shakdher and Talwant Singh,
Environmental Watchdog | NGT could act upon a letter written to it but cannot be triggered suo motu on learning about an environmental exigency? Supreme Court Verdict
Whether the National Green Tribunal has the power to exercise Suo Motu jurisdiction in discharge of its functions under the NGT Act, 2010?
Judicial craft entered the forbidden domain of legislative draft; SC sets aside Madras HC’s attempt to re-write Rule 29(4) of Copyright Rules
“Craftsmanship on the judicial side cannot transgress into the legislative domain by re-writing the words of a statute.”
Scope of the Court to enquire in decision of an Executive: Whether Court is concerned with decision-making process or ultimate decision? Supreme Court throws light
“While exercising powers of judicial review, the Court is not concerned with the ultimate decision but the decision-making process.”
‘Parliament entitled to make policy choices on fiscal issues’;Here’s why Supreme Court upheld constitutionality of Section 54(3) of CGST Act
“A claim to refund is governed by statute. There is no constitutional entitlement to seek a refund.”
Does State Employer has the choice on who should enter its service? Supreme Court decides
Supreme Court: The Bench of K.M. Joseph and S. Ravindra Bhat, JJ. while addressing the matter, observed that, Public service – like