Constitution Of India

Ramji Lal Jat vs State Of Rajasthan CA 2744 Of 2024 – Candidate Disqualification For Having More Than Two Children Non-Discriminatory

Constitution Of India, 1950; Article 14,15- Rajasthan Various Service (Amendment) Rules, 2001-“no candidate shall be eligible for appointment to the service who has more than two children on or after 01.06.2002″-Classification, which disqualifies candidates for having more than two living children, was non-discriminatory and intra-vires the Constitution, since the objective behind the provision was to …

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Salim Vaillisserry vs Authorized Officer, HDFC Ltd – Article 226 Constitution – Writ Petition – Alternative Remedy

Constitution of India, 1950; Article 226 – Where the action taken is ex-facie violative of the statutory mandate, the High Court can entertain a writ petition without relegating the aggrieved person to avail the alternative remedy. However, the existence of power is one thing, and the exercise thereof is altogether different -It goes without saying …

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Sudha Bhalla @ Sudha Punchi vs Rakesh Kumar Singh Cont. Petition (C) 1278 Of 2023 – Constitutional Right To Property

Constitution of India, 1950; Article 300A – Though, the Right to Property is no more a Fundamental Right, still it is recognized as a Constitutional Right under Article 300A of the Constitution of India. Depriving a citizen of his Constitutional Right to use the land for 20 years and then showing graciousness by paying the …

Sudha Bhalla @ Sudha Punchi vs Rakesh Kumar Singh Cont. Petition (C) 1278 Of 2023 – Constitutional Right To Property Read More »

Ganpat @ Ganatpat vs State Of Uttar Pradesh WP(Crl) 75 Of 2024 – Judiciary – Supreme Court and High Courts -Expeditious Disposal

Judiciary – Supreme Court and High Courts– Writ Petition seeking direction to HC to expeditiously dispose criminal appeal -There is no provision in Chapter-IV (titled The Union Judiciary) under Part-V (The Union) of the Constitution of India which, in terms similar to Article 227 of the Constitution (Power of superintendence over all courts by the …

Ganpat @ Ganatpat vs State Of Uttar Pradesh WP(Crl) 75 Of 2024 – Judiciary – Supreme Court and High Courts -Expeditious Disposal Read More »

Lucknow Nagar Nigam vs Kohli Brothers Colour Lab Pvt Ltd 2024 INSC 135 – Enemy Property – Article 285 Constitution

Enemy Property – The Custodian for Enemy Property in India, in whom the enemy properties vest including the subject property, does not acquire ownership of the said properties. The enemy properties vest in the Custodian as a trustee only for the management and administration of such properties -The Central Government may, on a reference or …

Lucknow Nagar Nigam vs Kohli Brothers Colour Lab Pvt Ltd 2024 INSC 135 – Enemy Property – Article 285 Constitution Read More »

Manoj Kumar vs Union Of India 2024 INSC 126 :: [2024] 2 S.C.R. 409 – Article 226 Constitution – Writ Jurisdiction – Arbitrariness In Executive Action

Constitution of India, 1950; Article 14,226– When a citizen alleges arbitrariness in executive action, the High Court must examine the issue, of course, within the context of judicial restraint in academic matters. While respecting flexibility in executive functioning, courts must not let arbitrary action pass through – while the primary duty of constitutional courts remains …

Manoj Kumar vs Union Of India 2024 INSC 126 :: [2024] 2 S.C.R. 409 – Article 226 Constitution – Writ Jurisdiction – Arbitrariness In Executive Action Read More »

Union Of India vs Ex.Lt. Selina John – CA 1990 OF 2019 – Gender Bias -Military Nursing Service

Constitution of India, 1950; Article 14,15 –Laws and regulations based on gender-based bias are constitutionally impermissible. Rules making marriage of women employees and their domestic involvement a ground for disentitlement would be unconstitutional- Referred to Anuj Garg and Others v. Hotel Association of India and Others (2008) 3 SCC 1 and C.B. Muthamma v. Union …

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Haalesh @ Haleshi @ Kurubara Haleshi vs State Of Karnataka 2024 INSC 81 – Ss 149,302 IPC – A 136 Constitution – Criminal Trial

Indian Penal Code, 1860; Section 149, 302 – An overt act of some of the accused persons of an unlawful assembly with the common object to kill the deceased and to cause grievous hurt to the other family members is enough to rope in all of them for an offence under Section 302 IPC in …

Haalesh @ Haleshi @ Kurubara Haleshi vs State Of Karnataka 2024 INSC 81 – Ss 149,302 IPC – A 136 Constitution – Criminal Trial Read More »

Prakashchandra Joshi vs Kuntal Prakashchandra Joshi @ Kuntal Visanji Shah 2024 INSC 55 :: [2024] 1 S.C.R. 697- Article 142 Constitution -Irretrievable Breakdown Of Marriage

Constitution of India, 1950; Article 142- Exercise of jurisdiction under Article 142 (1) of the Constitution of India is clearly permissible to do ‘complete justice’ to a ‘cause or matter’ and this Court can pass an order or decree which a family court, trial court or High Court can pass and when such power is …

Prakashchandra Joshi vs Kuntal Prakashchandra Joshi @ Kuntal Visanji Shah 2024 INSC 55 :: [2024] 1 S.C.R. 697- Article 142 Constitution -Irretrievable Breakdown Of Marriage Read More »

Delhi Development Authority vs Hello Home Education Society 2024 INSC 33 :: [2024] 1 S.C.R. 454 – Art. 226 Constitution – Internal Notings – Public Land Transfer – Parity

Constitution of India, 1950; Article 226 – Litigant who is not diligent cannot invoke the extraordinary jurisdiction of the High Court under Article 226 of the Constitution of India – There is no justifiable or satisfactory explanation for the said period of inordinate delay of 11 years. The writ petition ought to have been dismissed …

Delhi Development Authority vs Hello Home Education Society 2024 INSC 33 :: [2024] 1 S.C.R. 454 – Art. 226 Constitution – Internal Notings – Public Land Transfer – Parity Read More »