Constitution of India 1950

4th Dec, 2023

Writ Petitions are maintainable if insurer disallows claim de hors specific policy terms

In the matter of Mohit Kumar and Anr. v. Office of the Insurance Ombudsman and Ors., W.P.(C) 8916/2020 decided on 07.11.2023 by the Hon’ble Delhi High Court FACTS: The Petitioners in the case are a […]
28th Nov, 2021

Article 227 powers can be exercised to interfere with perverse, unreasonable orders of trial court

The Delhi High Court while deciding the matter of Sneha Ahuja v Satish Chander Ahuja on 15.11.2021 held that even though Article 227 does not provide it with powers to sit as an appellate court […]
29th Sep, 2021

Educational Qualification is a valid ground for classification between persons of same class in matters of promotion

Factual Matrix: The Hon’ble Supreme Court in its judgment dated 21.09.2021 in the matter of “Chandan Bannerjee & Ors. vs. Krishna Prosad Ghosh & Ors. (Civil Appeal No. 5582 of 2021)” had the occasion to […]
27th Aug, 2021

THE RIGHT TO BE FORGOTTEN – REDACTION OF NAMES FROM JUDICIAL ORDERS NOT PERMISSIBLE IN THE ABSENCE OF STATUTORY PROVISIONS

Introduction: In a significant judgment, in the case of Karthich Theodore v. The Registrar General, Madras High Court and Ors. [W.P.(MD) No.12015 of 2021], the Madras High Court has held that the right to be […]
14th Jun, 2021

Courts have no power to deal with the question as to whether a particular caste, sub-caste, a group or part of tribe or sub-tribe is included in any of the entries mentioned in Constitution (Scheduled Tribes) Order 1950

In the matter of Shri Anandra Vithoba Adsul vs. State of Maharashtra & Ors. in Writ Petition no. 3370 of 2018 decided on 08.06.2021 decided by the Bombay High Court. Facts: The Petitioner impugned the […]
1st Jun, 2021

Judicial approach of Courts towards tax legislations during extraordinary times

In the matter of Gurcharan Singh Vs. Ministry of Finance (Department of Revenue), Government of India in Writ Petition (Civil) No. 5149/ 2021 decided on 21.05.2021 by the Delhi High Court. Facts: The Petitioner challenged […]
22nd May, 2021

Courts have limited scope of judicial review in economic policy matters which is ordinarily in the domain and purview of the Government unless the economic policy decision is patently arbitrary, mala fide and /or violative of law, statute and Constitution of India

Small Scale Industrial Manufacturers Association (Regd.) Vs Union of India& Ors. decided on 23.03.2021 by the Hon’ble Supreme Court FACTS: The present writ petition was preferred under Article 32 of the Constitution of India by […]
16th May, 2021

Existence of an arbitration clause does not debar the Court from entertaining a writ petition.

In the matter of Uttar Pradesh Power Transmission Corporation Ltd. and Anr Vs. CG Powe and Industrial Solutions Limited and Anr. in SLP (C) No. 8630/2020 decided on 12.05.2021 General Conditions of the composite contract […]
25th Mar, 2020

Every child has a right to bear a name and via her or his name preserve her or his identity and individuality

The Delhi High Court in the matter of Deepak and Anr. vs Central Board of Secondary Education (CBSE) [W.P. (C) 7146 & 7147/2016] decided on 20.03.2020, allowed the plea for surname change in the CBSE […]
25th Mar, 2020

No Bar In Considering Subsequent Events For Testing Legality Of Order Impugned In Writ Petition

The Supreme Court in the matter of Ram Chandra Prasad Singh vs Sharad Yadav (Civil Appeal 2004 of 2020) decided on 19.03.2020 has observed that there is no bar in considering a subsequent event for […]
24th Feb, 2020

An election cannot be challenged in a writ petition under Article 226 but only by way of an election petition

The Supreme Court in the matter of Gulabrao Ananda Patil vs. State of Maharashtra in Civil Appeal No. 1623 OF 2020 (Arising out of SLP (Civil) NO. 20814 OF 2019) decided on 14.02.2020 held that […]
4th Nov, 2019

The State cannot enact a legislation providing an appeal directly to the Supreme Court.

The Supreme Court in its latest decision held that State Legislature cannot make law which takes away the supervisory jurisdiction of the High Court and provides an appeal directly to the Supreme Court. The Court […]