Compensatory Taxes are Dead: Long Live Compensatory Taxes
by Tarun Jain†
Cite as: 2023 SCC OnLine Blog Exp 20
Constitution
Supreme Court’s Constitution bench directs appointment of CEC and EC on advise of the committee consisting of the PM, leader of opposition and the CJI
Supreme Court directs appointment of Chief Election Commissioner and Election Commissioners on advise of the committee consisting of the Prime Minister, leader of opposition and the Chief Justice of India
Decriminalisation of Adultery| Applicability of 2018 Joseph Shine judgment to defence personnels: Supreme Court reserves judgment
Applicant submitted that the 2018 judgment may cause instability within the defence personnel’s services since they function in peculiar conditions who are separated from their families for long durations when posted on borders under challenging conditions, in view of the 2018 judgment, there will always be a concern in their minds about the family indulging in untoward activity.
Explained| Justice LC Victoria Gowri appointment case vis-à-vis scope of judicial review in matters relating to appointment of High Court judges
Supreme Court said that the conduct of the judge and her/his decisions must reflect and show independence, adherence to the democratic and constitutional values. This is necessary as the judiciary holds the centre stage in protecting and strengthening democracy and upholding human rights and the Rule of law.
Know Thy Judge| Justice Surya Kant
Born on 10-02-1962 in Hisar, Justice Surya Kant, has the distinction to be appointed as the youngest Advocate General of Haryana. Before being elevated as a Supreme Court Judge, Justice Surya Kant served as a Judge in the Punjab and Haryana High Court and as Chief Justice of Himanchal Pradesh High Court.
Yardstick for parliamentary elections cannot be applied ipse dixit to every local election; Bombay High Court holds imposition of prohibitory ban on sale of liquor as violative of Article 21
Imposing a prohibitory ban on merchant establishments and establishments that provide livelihood is contrary to the enshrined principles under Article 21.
Free for All
by K. Vaitheeswaran*
Life and liberty of a person not on the shore of India, cannot be invoked when the individual himself is not in India; Gujarat High Court dismisses petition of foreigner to enter India
Gujarat High Court denied entry to an American Passport holder who has been convicted as a sex offender and held that petition filed by the petitioner's father on petitioner's behalf, invoking Articles 14 and 19 of the Constitution of India, is not maintainable because life and liberty of a person not on the shore of India, cannot be invoked on his behalf when the individual himself is not in India
Classification of retirees of BSNL VRS-2019 as distinct from those superannuating in normal course is a clear violation of Article 14 and 16 of the Constitution: Delhi High Court
The Delhi High Court held that the engagement of BSNL VRS-2019 retirees in any Central Public Sector Enterprises/Government department on contractual/consultancy basis, for which the retired employees on superannuation in due course were eligible for consideration, was not in violation of Clause 8 (iii) of BSNL Voluntary Retirement Scheme-2019.
Madras High Court| Prison administration needs to be reformed to create a better environment and prison culture to ensure that prisoners enjoy their right to dignified life
Madras High Court said that, while dealing with the issue involved in this public interest litigation, the following words of the South African anti-apartheid activist, Nelson Mandela resonate in their mind – “No one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones”.
Madras High Court directs authorities to impose strict laws on consumption and distribution of alcohol and to curtail accessibility of alcohol, especially to younger generation
Statutory warnings are intended to instill a sense of fear, but they have had very little effect on human attitudes and behaviour towards alcohol consumption. It is also a sorry state of affairs that persons under 21 years, who are specifically prohibited from drinking alcohol, are in fact addicted to it. Therefore, it is incumbent on the State Government to reduce alcohol dependence and addiction as a public health measure by restricting and effectively regulating its sale and consumption.
Guideline excluding married daughter for issuance of I-cards to dependants of ex-servicemen, held violative of Art. 14; Karnataka High Court struck down the words “till married” from the impugned policy
In an impassioned ruling, the single Judge Bench of the Karnataka High Court observed that the word “men” in the impugned Guideline perpetrates gender bias and misogyny and urged that there is an imperative need of change of nomenclature from ‘ex-servicemen’ to that of ‘ex-service personnel’
‘No authority or person should intervene in the enjoyment of live-in-relationship of two consenting adults’; Allahabad High Court directs State to ensure protection of their life & liberty
In the case at hand, the date of birth of both the petitioners showed them to be major and they claim their decision live together to be based upon voluntarily will/option.
No reservation for OBC should be provided in Urban Local Body elections; Allahabad High Court directs State to notify elections immediately and to include women quota
It is inclusion not exclusion, equality not inequality and democracy not executive fiat that runs as a common thread throughout our Constitution. In a society as diverse as ours it has been the endeavour of our Constitutional Courts to further strengthen this thread.
Bail should not be granted only when person was in the condition of dying; Delhi High Court direct authorities for avoid giving long dates for medical check-up
The Delhi High Court held that grant of bail should not be considered only when the person was in the condition of dying and the authorities should not give long dates to the prisoners for their medical check-up and instead act with promptness, so that check-up could be conducted early.
What is the legal validity of an unregistered agreement for adoption entered between biological parents of an unborn child and the adoptive parents? Karnataka HC answers
A curious case presented itself before the Karnataka HC wherein they deliberated over an agreement for adoption entered between the biological parents and adoptive parents, when the child was still unborn.
Reflections on India’s Preventive Detention Laws: Need for Judicial Scrutiny of the Administratively Steered Mechanism
by Pooja Rajawat† and Jayam Jha††