Article 14 of Constitution Archives

[Noon Meal Scheme] Madras HC quashes Govt. Order excluding male heirs from compassionate appointment as illegal and violative of Art. 14 and 16 of Constitution

If 100% of the vacancies in a particular department is reserved only for women, then, the applications have to be forwarded to the District Collector or to the Personnel and Administrative Reforms Department as the case may be, to be considered under the general pool for being appointed in other suitable posts for compassionate appointment.

Case Briefs High Courts

‘Transgender is a gender identity; State should not have treated transgender as caste under MBC category’; Madras HC directs State to provide horizontal reservation to transgenders

“Once gender identity is given horizontal reservation, it follows that the transgender community, being a socially and educationally backward community discriminated based on gender identity, should also be entitled to similar reservation.”

Case Briefs Supreme Court

‘Rule 3(7) of IT Rules not iniquitous, draconian or harsh on taxpayers’; SC holds bank employees’ interest-free loans taxable as perquisites

“When there is certainty and clarity, there is tax efficiency which is beneficial to both the tax payer and the tax authorities. These are all hallmarks of good tax legislation.”

Case Briefs High Courts

Inside Madras HC verdict declaring CBDT Circular giving differential treatment to new trust having provisional approval u/s. 80G as unconstitutional

Madras High Court said that irrespective of whether petitioner trust have or do not have any vested right to claim the extension, the classification done by CBDT through the Circular have no reasoning for leaving out the regular registration of newly provisionally registered trust under Section 80G of the Act in respect of new trusts.

Case Briefs High Courts

Explained| Madras High Court verdict on constitutionality of Section 204 of the Insolvency and Bankruptcy Code

“Regulations and Byelaws framed under Section 204 IBC clearly provide checks and balances. Therefore, it cannot be said to be confirmation of excessive or unbridled power”

Case Briefs High Courts

Madras High Court grants relief to TNPSC aspirant who wrote “Jai Hind” while concluding her mains exam essay

“‘Jai hind’ or ‘victory to India’ is the most uttered slogan in India, whether it is at the end of the school prayers by children or at the end of a speech by eminent persons”

Case Briefs Supreme Court

Supreme Court| Procuring medicines only from IMPCL & not from others mentioned under National AYUSH Mission Operational Guidelines is arbitrary

Inviting tenders from the entities mentioned in paragraph 4(vi)(b) of the National AYUSH Mission Operational Guidelines is the most transparent and non-arbitrary method of allocation that can be undertaken. Hence, the appellant must henceforth purchase Ayurvedic medicines only through a free and transparent procedure such as tenders, and deviation from this rule to procure medicines by nomination can be done, only if exceptional circumstances exist.

Case Briefs High Courts

Madras HC | S. 142(2) of Negotiable Instruments Amendment Act, 2015 — not ultra vires of Art. 14 of Constitution; Legislation can take away the basis of a Judgment

Madras High Court: A Division Bench of A.P. Sahi, CJ and Subramonium Prasad, J., while deciding a petition filed in regard to

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | An order without reasons is violative of Article 14 of Constitution; appeal allowed in light of Clause 17 of the NSE Rules

Securities Appellate Tribunal (SAT), Mumbai : The Bench of Tarun Agarwala, J. (Presiding Officer) and C.K.G. Nair (Member) and M.T. Joshi, J.,