Delhi Municipal Corporation Act, 1957; Section 3(3)(b)(i)- The Lieutenant Governor of National Capital Territory of Delhi shall nominate 10 persons with special knowledge in municipal administration to the DMC -Whether the Lt. Governor can exercise that power of nomination as a statutory duty attached to his office or he is bound by the aid and …
Constitution Of India, 1950; Article 226 – Pension – Pension is a right and not a bounty. It is a constitutional right for which an employee is entitled on his superannuation. However, pension can be claimed only when it is permissible under the relevant rules or a scheme. If an employee is covered under the …
Constitution of India, 1950; Article 32, 226 – Judicial Review of the decision taken by the bodies concerned in the matter of Genetically Modified Organisms is permissible- Directions issued: The respondent-Union of India is directed to evolve a National Policy with regard to GM crops in the realm of research, cultivation, trade and commerce in …
Gene Campaign vs Union of India 2024 INSC 545 – GM Corps – Judicial Review Read More »
Compassionate Appointment – Fraud vitiates all proceedings. Compassionate appointment is granted to those persons whose families are left deeply troubled or destitute by the primary breadwinner either having been incapacitated or having passed away. So when persons seeking appointment on such ground attempt to falsely establish their eligibility, as has been done in this case, …
Constitution of India, 1950; Article 15,16– The judgment in EV Chinniah v. State of Andhra Pradesh [[2004] Supp. (5) S.C.R. 9722004 INSC 644], which held that sub-classification amongst the Scheduled Castes for the purpose of giving more beneficial treatment to a group in the larger group of the Scheduled Castes is not permissible, does not …
Constitution of India, 1950; Article 341- The list specified under the Notification under Clause-1 can be amended, altered only by law made by Parliament and, second, it prohibits that but for a law made by Parliament a notification issued under sub-Clause-1 cannot be varied by any subsequent notification. That is to say that neither the …
Constitution of India, 1950; Article 19(1)(a)- The freedom under Article 19(1)(a), that is the creative freedom of the filmmaker cannot include the freedom to lampoon, stereotype, misrepresent or disparage those already marginalised – if the overall message of the work infringes the rights of persons with disabilities, it is not protected speech, obviating the need …
Chartered Accountants Act, 1949 – Guideline restricting the number of tax audits that a Chartered Accountant could carry out which was initially thirty and later raised to forty-five and thereafter to sixty in an assessment year- Clause 6.0, Chapter VI of the Guidelines dated 08.08.2008 and its subsequent amendment is valid and is not violative …
Constitution of India, 1950; Article 300A – Right To Property -The binary reading of the constitutional right to property must give way to more meaningful renditions, where the larger right to property is seen as comprising intersecting sub-rights, each with a distinct character but interconnected to constitute the whole. These sub-rights weave themselves into each …
Constitution of India, 1950; Article 227 – No intra-court appeal could have been preferred against an order passed by the Single Judge on a petition filed under Article 227 of the Constitution of India. (Para 11)