Constitution of India 1950

14th Sep, 2018

Railways empowered to frame its own rules to lay down service conditions of its Employees

The Supreme Court has held that the Railways is not bound by the memorandum issued by the Department of Personnel and Training (DoPT) and are empowered to frame its own rules to lay down the […]
8th Apr, 2017

The scope of judicial review under Article 226 is limited to the deficiency in decision-making process and not the decision

Delhi High Court held that the Court should not interfere under A. 226, with the administrator’s decision unless it was illogical or suffers from procedural impropriety or was shocking to the conscience of the court, […]
11th Jan, 2017

Judicial interference in commercial matters of the government not warranted unless illegal/irrational #legalupdates

Supreme Court has cautioned that in commercial matters, judicial interference is warranted only when an administrative action of the Government is illegal, irrational or the process through which such action is taken is beyond procedural […]
10th Jan, 2017

HC does not have the power to punish for contempt of Supreme Court #legalupdates

There is, nothing in Contempt of Courts Act, 1971 or in Article 215 of Constitution which can be said to empower High Court to initiate proceedings suo-motu or otherwise for contempt of a superior Court […]
14th Dec, 2016

Court cannot decide disputed questions of fact under Art. 226 of the Constitution of India, #indianlaws

The Supreme Court has held that the bank guarantee is an independent contract between the guarantor-bank and the guarantee-appellant. The guarantee is unconditional. Though the performance guarantee is against the breach by the lead promoter, […]
20th May, 2016

Right to life include right to live with dignity; Human dignity is a constitutional value and a goal #indianlaws

The rights that are guaranteed to differently abled persons under the Equal Opportunities, Protection of Rights and Full Participation Act, 1995 are founded on the sound principle of human dignity which is the core value […]
16th May, 2016

Waiting period in divorce by mutual consent waived after considering educational background of parties #indianlaws

In this case, the Court after considering the educational background of the parties, and the entire facts and circumstances, held that the situation posed was peculiar where the Court should invoke its jurisdiction under Article […]
23rd Aug, 2015

Writ Court may entertain disputes arising out of contract in exceptional circumstances #indianlaws

A While entertaining an objection as to the maintainability of a writ petition under Article 226 of the Constitution, the court should bear in mind the fact that the power to issue prerogative writs under […]
21st Jun, 2015

High Court in exercise of writ jurisdiction cannot decide on whether property is encumbered or not #indianlaws

It was held as not within ken of the High Court in writ jurisdiction to declare any property as unencumbered one. Such rights between private parties cannot be made subject-matter of writ jurisdiction and to […]
21st Jun, 2015

Rights of convicts awarded with Death Penalty #indianlaws

The condemned prisoners also have a right to dignity and execution of death sentence cannot be carried out in an arbitrary, hurried and secret manner without allowing the convicts to exhaust all legal remedies.
2nd Jun, 2015

Freedom of speech and expression not absolute in the context of obscenity #indianlaws

Considering matter from the point of obscenity, contemporary community standards test is the main criterion and it has to be appreciated on the foundation of modern perception, regard being had to the criterion that develops […]
29th Mar, 2015

Minutes of meeting cannot override statutory regulation unless duly complied rules of business

Unless the minutes of meeting resulted in a final decision taken by the competent authority in terms of Article 77(3) of the Constitution and the decision so taken is communicated to the concerned person, the […]