Bringing you the Best Analytical Legal News
“The approach of the High Court is like a visually impaired person looking for a black cat in a dark room when the cat itself is not there.”, observed the Supreme Court.
The petitioner, being a highly intelligent and educated person and a medical officer at that, is expected to exhibit prudence, discipline and common sense in his attitude to life and work.
This roundup revisits the analyses of Supreme Court’s judgments/orders on constitutionality of EWS Quota and dissent; Juvenility of Kathua gangrape-murder accused; acquittal of all Chhawla gangrape-murder accused; why Rajiv Gandhi assassination convicts were set free, and more. It also covers reports on Justice Chandrachud’s appointment as the 50th CJI and his to-do-list; CJI UU Lalit’s retirement; explainers on important law points; some Never Reported Judgments; and career trajectory and important decision of Justice BR Gavai.
On 10.02.2020, a division bench had come to the conclusion that the view taken by this Court in Preetam Singh’s case needs reconsideration after it prima facie found that the functions of the Board contemplated under Section 15 of the 1965 Act were wide enough even to cover the act of fixing service conditions of its employees. Hence, the matter was referred to a larger bench.
The requirement of the members to contribute at the rate of 1.16 per cent of their salary to the extent such salary exceeds Rs.15000/- per month as an additional contribution under the amended scheme has, however, been held to be ultra vires the provisions of the 1952 Act. The Court has given 6 months’ breather to the authorities make adjustments in the scheme.
Supreme Court: In a case where a member of the Indian Forest Services (IFS) had alleged that his junior was promoted to the post of Principal Chief Conservator of Forests while his candidature was kept in
Jammu and Kashmir and Ladakh High Court: While deliberating over the instant writ petition concerning reservation provided to Pahari Speaking People, the
Supreme Court: In a case where a married daughter of the deceased was claiming compassionate appointment, the bench of MR Shah* and
This roundup revisits the analyses of Supreme Court’s judgments/orders on Unmarried persons’ right to safe abortion, Inclusion of ‘marital rape’ under Abortion laws, Journalist Sidhique Kappan’s bail; Constitution Bench’s opinion on Doctrine of Precedents; Reference of question relating to Pre-sentence hearing of death row convicts; Explainers on important law points; Collegium Recommendation; and more
Supreme Court: While dealing with a case relating to termination of a CRPF probationer for suppressing material information relating to his criminal
“When the legislature acts within its power to usher in a valid law and rectify a legal error, even after a court ruling, the legislature exercises its constitutional power to enact the law and does not overrule an earlier court decision.”
Supreme Court: In a case where the Ahmednagar Mahanagar Palika/ Municipal Corporation was giving appointment to the heirs of the employees on
“Gendered roles assigned to women and societal expectations mean that women are always pressed upon to take a disproportionate burden of childcare work.”
“Individual wrongs or breach of mutual contracts without having any public element as its integral part cannot be rectified through a writ petition under Article 226.”
Supreme Court: The bench of MR Shah* and BV Nagarathna, JJ has held that the financial crunch/financial constraint due to additional financial
Himachal Pradesh High Court: In a petition related to family pension, Jyotsna Rewal Dua, J has held that the second
“A business practice that requires workers to assume the appearance of an independent business entity — a company in name only — could give rise to an inference that such a practice was intended to obscure the employer’s responsibility to remit its fund contributions as mandated by the State’s employee protections statutes”
Uttaranchal High Court: The Division bench of Vipin Sanghi, C.J., and R.C. Khulbe, J., had held that merely because the
Supreme Court: In the case where a candidate appearing for examination for recruitment to the post of Constables in Railway Protection Force
Jharkhand High Court: S.N. Pathak, J., allowed the writ petition directing Central Coalfields Limited (‘CCL') to modify the monetary compensation