Constitution Of India

National Highway And Infrastructure Development Corporation Limited vs Chabou And Co – Article 226 Constitution – Judicial Review

Constitution of India, 1950; Article 226 – Judicial Review- Courts lack the expertise to correct administrative decisions and the intervention of the Courts should be limited to ensuring that the decision-making process is free from arbitrariness, bias, or mala fides. However, the Court cannot scrutinize whether the decision itself is sound or the most appropriate-The …

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Mrinmoy Maity vs Chhanda Koley 2024 INSC 314 – Article 226 Constitution – Writ Petition – Delay & Latches

Constitution of India,1950; Article 226 – Delay or latches is one of the factors which should be born in mind by the High Court while exercising discretionary powers under Article 226 of the Constitution of India. In a given case, the High Court may refuse to invoke its extraordinary powers if laxity on the part …

Mrinmoy Maity vs Chhanda Koley 2024 INSC 314 – Article 226 Constitution – Writ Petition – Delay & Latches Read More »

Association Of Engineers vs State Of Tamil Nadu 2024 INSC 306 – Article 136 Constitution – SLP

Constitution of India, 1950; Article 136- Quoted from Narpat Singh v. Jaipur Development Authority (2002) 4 SCC 666 : 2002 INSC 222: “The exercise of jurisdiction conferred by Article 136 of the Constitution on this Court is discretionary. It does not confer a right to appeal on a party to litigation; it only confers a …

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VVF Ltd.Employees Union vs VVF India Limited 2024 INSC 302 – Article 226 – Writ – Labour Law

Constitution of India, 1950; Article 226 -Labour Law -Wage Structure Fixing -Though the High Court ought not to reappreciate evidence and substitute its own finding for that of the Tribunal, it would not be beyond the jurisdiction of the High Court in its power of judicial review to altogether eschew such a process- The financial …

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PHR Invent Educational Society vs UCO Bank 2024 INSC 297 – Article 226 Constitution-Writ Petition- Alternative Remedy

Constitution of India, 1950 ; Article 226 – A writ petition under Article 226 of the Constitution be entertained in spite of availability of an alternative remedy (i) where the statutory authority has not acted in accordance with the provisions of the enactment in question; (ii) it has acted in defiance of the fundamental principles …

PHR Invent Educational Society vs UCO Bank 2024 INSC 297 – Article 226 Constitution-Writ Petition- Alternative Remedy Read More »

Delhi Metro Rail Corporation Ltd. vs Delhi Airport Metro Express Pvt. Ltd. 2024 INSC 292 – Curative Petition – Ss 34,37 Arbitration Act – Article 136 Constitution

Curative Petition – Curative Jurisdiction may be invoked if there is a miscarriage of justice- Jurisdiction of this Court, while deciding a curative petition, extends to cases where the Court acts beyond its jurisdiction, resulting in a grave miscarriage of justice. (Para 35) – the exercise of the curative jurisdiction of this Court should not …

Delhi Metro Rail Corporation Ltd. vs Delhi Airport Metro Express Pvt. Ltd. 2024 INSC 292 – Curative Petition – Ss 34,37 Arbitration Act – Article 136 Constitution Read More »

Navneet Kaur Harbhajansing Kundles @ Navneet Kaur Ravi Rana vs State of Maharashtra 2024 INSC 266 – Caste Scrutiny – Article 226 Constitution – Certiorari

Constitution of India, 1950; Article 32, 226 – The writ of certiorari being a writ of high prerogative, should not be invoked on mere asking. The purpose of a writ of certiorari for a superior Court is not to review or reweigh the evidence to adjudicate unless warranted. The jurisdiction is supervisory and the Court …

Navneet Kaur Harbhajansing Kundles @ Navneet Kaur Ravi Rana vs State of Maharashtra 2024 INSC 266 – Caste Scrutiny – Article 226 Constitution – Certiorari Read More »

Bharti Airtel Limited vs AS Raghavendra 2024 INSC 265 – Industrial Disputes Act – Workman – Article 226,227 Constitution – Facts Re-appraisal

Industrial Disputes Act, 1947 ; Section 2(s) – Whether a person would or would not come within the definitional stipulation of a “workman” – Mere absence of power to appoint, dismiss or hold disciplinary inquiries against other employees, would not and could not be the sole criterion to determine such an issue. Holding otherwise would …

Bharti Airtel Limited vs AS Raghavendra 2024 INSC 265 – Industrial Disputes Act – Workman – Article 226,227 Constitution – Facts Re-appraisal Read More »

Indian Oil Corporation Ltd vs Mitai Filling Station SLP(C) 6969 Of 2024 – A 136 Constitution – SLP – Equity

Constitution of India, 1950; Article 136 – Supreme Court is not only a court of law but a court of equity, as well -It is not the policy of this Court to entertain special leave petition and grant leave under Article 136 of the Constitution save in those cases where some substantial questions of law …

Indian Oil Corporation Ltd vs Mitai Filling Station SLP(C) 6969 Of 2024 – A 136 Constitution – SLP – Equity Read More »

State Of Kerala vs Union Of India 2024 INSC 253 – Suit Referred To Constitution Bench – Interim Relief Refused

State Of Kerala vs Union Of India – Suit Challenging Borrowing Limits Referred to Constitution Bench -Suit raises more than one substantial questions regarding interpretation of the Constitution, including: (a) What is the true import and interpretation of the following expression contained in Article 131 of the Constitution: “if and in so far as the …

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