Judicial Review

Case BriefsHigh Courts

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

Case BriefsSupreme Court (Constitution/Larger Benches)

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

Case BriefsHigh Courts

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,

Op EdsOP. ED.

Judicial Review of Personal Law: Will the Phoenix (of Judicial Review) Rise from the Ashes (of Narasu Appa)

by Devanshu Sajlan*

Case BriefsSupreme Court

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?

Case BriefsSupreme Court

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.”

Case BriefsSupreme Court

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.”

Case BriefsSupreme Court

‘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.”

Case BriefsSupreme Court

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

Case BriefsHigh Courts

Madras HC | Is writ petition maintainable against Asset Reconstruction Co. which is assigned debts by nationalised banks? Is there element of public duty and obligation to follow RBI Circulars? HC decides

Madras High Court: V. Parthiban, J., expressed that plea of public interest in a private loan transaction is only a mask to

Case BriefsSupreme Court

“Objective of Milk Federations is not to give employment but increase milk production”; SC reverses HC order favouring employees in a revised pay scale dispute

Supreme Court: The Division Bench comprising of Sanjay Kishan Kaul and Hemant Gupta*, JJ., overruled the decision of Punjab & Haryana High

Case BriefsHigh Courts

Jha HC | Jharkhand Public Service Commission is a constitutional body, but its actions and decisions are not immune from judicial review

Jharkhand High Court: Sanjay Kumar Dwivedi, J., allowed the writ petitions and held the merit list prepared by the JPSC as illegal,

Case BriefsSupreme Court

Judicial review or judicial restraint? Supreme Court explains where the virtue itself turns into vice

Supreme Court: The Division Bench comprising of Rohinton Fali Nariman* and B.R. Gavai, JJ., addressed the issue of overstepping of review jurisdiction

Case BriefsHigh Courts

Bom HC | Is Navi Mumbai Municipal Corporation entitled in law to impose pre-qualification criteria “contractors whose contract was terminated for unsatisfactory services are ineligible to participate in tender”? Judicial Review, Blacklisting & more. Read on

“Government must have freedom of contract.”

Case BriefsHigh Courts

Ori HC | Power of judicial review will not be permitted to be invoked to protect private interest at the cost of public interest or to decide contractual disputes

Orissa High Court: B.P. Routray J. dismissed the petition on the ground that cancellation of the tender cannot be said to have

Case BriefsHigh Courts

HP HC | Whether a dispute relating to an election of a local body maintainable before High Court under Art. 226 of Constitution of India? HC explains in light of settled position of law

Himachal Pradesh High Court: Jyotsna Rewal Dua J., dismissed the petition being non-maintainable. The petitioner by way of this instant petition has

Case BriefsHigh Courts

P&H HC | “It’s a matter of recruitment policy”; HC denies adjudicating question of equivalence of qualifications, directs State to determine

Punjab and Haryana High Court: In an interesting case Anil Kshetarpal, J., addressed the question of equivalence of qualifications for the purpose

Case BriefsHigh Courts

Del HC | Grant of study leave to a Doctor: Can a Court in exercise of its ‘Judicial Review’ sit as an Appellate Authority over the administrative decision? Read on

Delhi High Court: V. Kameswar Rao, J., while addressing an issue wherein a doctor sought for a study leave for pursuing MD/MS

Op EdsOP. ED.

Judicial Review over Speaker’s Inaction under the Tenth Schedule – Has the Controversy been Put to Rest

by Akshit Sachdeva*

Case BriefsHigh Courts

Pat HC | Entire examination process of Bihar Public Service Commission does not deserve to be derailed only because some candidates perceive injustice have been caused to them by an erroneous question or an erroneous answer

Patna High Court: The Division Bench of Shivaji Pandey and Partha Sarthy, JJ., addressed the demand of Bihar Public Service Commission to