2023 SCC Vol. 9 Part 2
Civil Procedure Code, 1908 — Or. 21 R. 95: Starting point of limitation application under Or. 21 R. 95, by auction-purchaser for
Constitution of India
75% quota for Haryana residents in private sector jobs unconstitutional: Punjab and Haryana High Court
Punjab and Haryana High Court opined that the restrictions imposed through the 2020 Act have far reaching effect and cannot be held to be reasonable in any manner.
‘Compassionate appointment not vested/hereditary right’, Calcutta High Court upholds rejection of compassionate appointment
Calcutta High Court denied the compassionate appointment due to the lack of credibility and failure to establish financial dependency.
2023 SCC Vol. 9 Part 1
Administrative Law — Subordinate/Delegated Legislation — Judicial Review/Validity of Subordinate/Delegated Legislation — Specific Pleadings — Necessity: For striking down statutory provision or
Executing Court having jurisdiction to execute award, can be any Court anywhere in the country, where decree can be executed: Allahabad HC reiterates
Allahabad High Court noted that the issue regarding the jurisdiction of the Executing Court was neither doubted nor was referred.
2023 SCC Vol. 8 Part 5
Chandigarh Estate Rules, 2007 — R. 16 and second proviso thereto: Fragmentation/division/bifurcation/apartmentalisation of residential units in Phase I of Chandigarh is not
Bail under PMLA-Presumed Guilty Until Proven Guilty
by Aashish Gupta†, Aditya Mukherjee†† and Puneeth Ganapathy†††
‘Irretrievable break down of marriage’ not a straight-jacket formula for divorce under Article 142: Supreme Court
The Supreme Court considered an appeal seeking divorce for husband and wife aged 87 years and 82 years respectively, on the ground of irretrievable breakdown of marriage.
Calcutta High Court directs rectification of employee’s re-designation and retiral benefit calculation on violation of Article 14 of Constitution of India
“The High Court in exercise jurisdiction under Article 226 can even mould the relief or reliefs to meet the peculiar and complicated requirements of the country.”
2023 SCC Vol. 8 Part 3
Animals, Birds and Fish — Fishing and Fisheries — Purse seine fishing (PSF), a pernicious form of fishing that harms all marine life.
Orissa Association for Blind not ‘State’ within meaning of Article 12 of the Constitution: Orissa HC
The tests laid down in Ajay Hasia v. Khalid Mujib Sehravardi, (1981) 1 SCC 722 were not fulfilled, hence, the Association is not ‘State’ within Article 12.
2023 SCC Vol. 8 Part 2
Applicability of judgment in N.N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd., (2023) 7 SCC 1: In this article the
2023 SCC Vol. 8 Part 1
Advocates — Senior Advocates — Designation of: Guidelines issued by Supreme Court in Indira Jaising, (2017) 9 SCC 766 for greater objectivity
RGNUL National Seminar on RTI in collaboration with Punjab State Information Commission [Register by October 5, 2023]
ABOUT RGNUL The Rajiv Gandhi National University of Law (RGNUL), Punjab, was established by the State Legislature of Punjab by passing the
2023 SCC Vol. 7 Part 5
Advocates Act, 1961 — Ss. 7(1)(g), (h), (l), (m), 24, 49(1)(ah): Bar Council of India, held, has jurisdiction and power to introduce
Calcutta High Court directs Governor’s office to submit Affidavit-in-Opposition on West Bengal University Laws (Amendment) Bill, 2022’s status
The subject matter of the instant matter is a PIL concerning the West Bengal University Laws (Amendment) Bill, 2022 which was passed by the State legislature on 07-06-2022 and was sent to the Governor for assent, but the same is still pending.
2023 SCC Vol. 7 Part 4
Constitution of India — Arts. 14, 15 and 16 — Reservation — Sub-classification: T.N. Special Reservation of Seats in Educational Institutions including
Supreme Court Ruling on the Principles governing issuance of Writ of Certiorari: All you need to know
“The purpose of certiorari is only to confine the inferior tribunals within their jurisdiction, so as to avoid the irregular exercise, or the non-exercise or the illegal assumption of it and not to correct errors of finding of fact or interpretation of law committed by them in the exercise of powers vested in them under the statute”.
2023 SCC Vol. 7 Part 2
Arbitration and Conciliation Act, 1996 — Ss. 8 and 11: Application seeking reference to arbitration in pending civil suit is not acceptable
Maternity leave is inherent Right of every Woman Employee and cannot be denied on Technical Grounds: Orissa HC
Denying a woman employee her basic human right to maternity leave would be an assault on her dignity as an individual and thereby offend her fundamental right to life guaranteed under Article 21 of the Constitution.