Arbitrariness Archives

remission of sentence conditions revocation

Remission of Sentence | Conditions must be reasonable; Remission can’t be revoked without following natural justice principles: SC

The Court further explained that Registration of a cognizable offence against the convict, per se, is not a ground to cancel the remission order. Every case of breach cannot invite cancellation of the remission order.

Case Briefs High Courts

Calcutta High Court directs fresh consideration of Insurance Claim due to ‘Arbitrariness and palpable illegality in repudiation process’

Calcutta High Court upheld the maintainability of the writ petition under Article 226, given the challenge is on the grounds of arbitrariness and illegality in the repudiation process.

Hot Off The Press News

Supreme Court upholds constitutional validity of provisions relating to Personal Guarantors in IBC; Holds IBC cannot operate in retroactive manner

“IBC does not suffer from any manifest arbitrariness to violate Article 14 of the Constitution”

Case Briefs High Courts

Jammu and Kashmir and Ladakh High Court sets aside VDG Scheme, 2022 insofar as it affects the powers and honorarium of the heads of the Village Defence Groups

Village Defence Guard Scheme- 2022 insofar as it denudes the petitioners of their status as SPOs and consequently reduces their remuneration/honorarium is an arbitrary and colourable exercise of power.

Case Briefs Supreme Court

“An Order of Externment is an extraordinary measure which should be used sparingly”. SC reiterates the duties of Competent Authority and Court while issuing and testing externment orders

Supreme Court: While deciding the instant appeal wherein the appellant challenged the externment order issued against him under Section 56(1)(a)(b) of the

Experts Corner Siddharth R Gupta

Article 14 and Arbitrariness vis-à-vis Legislative Action [Part II]

by Siddharth R. Gupta † and Divisha Dwivedi ††
Cite as: 2021 SCC OnLine Blog Exp 83

Case Briefs High Courts

[Public Trust Doctrine] Kar HC | State largesse should not be marred by any arbitrariness while dealing with alienation of natural resources

Karnataka High Court: A Division Bench of Satish Chandra Sharma CJ and Sachin Shankar Magadum J allowed the petition, quashed the initial

Experts Corner Siddharth R Gupta

Article 14 and Arbitrariness vis-à-vis Legislative Action

by Siddharth R. Gupta† and Kerti Sharma††
Cite as : 2021 SCC OnLine Blog Exp 76

Case Briefs High Courts

AP HC | “Court cannot be frightened by any malicious and contemptuous action by the State”; HC Judge takes an unyielding stance against high-handedness of Andhra Govt. || Detailed Report

Andhra Pradesh High Court: Taking a stern stand against several instances of abuse of power by the Andhra Pradesh State Government, the

Case Briefs High Courts

Pat HC | No arbitrariness by Public Service Commission where marks deducted for candidate’s failure to abide by its instructions

Patna High Court: The Division Bench of Amreshwar Pratap Sahi, CJ and Anjana Mishra, J. rejected an appeal filed by a candidate

Case Briefs Tribunals/Commissions/Regulatory Bodies

Penalizing innocent Telecom Service Providers at a shared site in the name of collective responsibility: a policy vexed with arbitrariness

Telecom Disputes Settlement & Appellate Tribunal (TDSAT): A Division Member Bench of Shiva Kirti Singh (Chairperson), J., A.K. Bhargava, Member, partly allowed