Madras HC dismisses plea praying for dissolving National Commission for Scheduled Caste
“NCSC is a Constitutional body and functionary. It is constituted with an avowed object for the benefit of the Scheduled Caste people”
Constitution of India
‘Excommunication from entire community violates right to live with dignity under Article 21’; Calcutta High Court orders costs of Rs. 1,50,000/-
The Calcutta High Court recognised the issue involved in the present matter transcendence beyond a mere legal dispute, as it involved the petitioner’s fundamental rights.
The Vision of a Republic: How the Indian Constitution Came Into Being
The Constitution of independent India was the result of a fervent desire for Swaraj. The Constitution as we know it, was born from a massive struggle to assert India’s right to exist without foreign trespass and govern her own destiny.
2023 SCC Vol. 10 Part 3
Central Vigilance Commission Act, 2003 — S. 25 r/w FR 56 — Tenure of Director of Enforcement: Permissibility of continuation of tenure
2023 SCC Vol. 10 Part 2
Penal Code, 1860 — Ss. 302 and 201 — Circumstantial evidence — Last seen theory and recovery of weapon: In this case,
‘Right to property is a constitutional right under Article 300-A’; Calcutta High Court grants Compensation for land utilisation without due process
Calcutta High Court acknowledged the delay but emphasised that delay cannot deprive an individual of legitimate claims arising from expropriation.
Article 370| “Whatever has been, has been…”: Justice Sanjay Kishan Kaul calls for “Truth and Reconciliation” in Kashmir
Calling for a collective understanding of the human rights violations perpetrated both by State and non-State actors, against the people of Kashmir, Justice Sanjay Kishan Kaul recommended the setting up of a Truth and Reconciliation Commission.
2023 SCC Vol. 9 Part 3
Liquidated Damages: In this article, the author clarifies misconceptions which have arisen about Section 74 of the Contract Act because of certain
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
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†††
Cite as: 2023 SCC OnLine Blog Exp 77
‘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.