Constitution of India 1950

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 […]
1st Feb, 2015

BCCI is amenable to the writ jurisdiction under Article 226 of Constitution of India

An important question, amongst other, that arose before the Court was to determine as to whether BCCI is ‘State’ within the meaning of Article 12 and if 19 of the Constitution of India and if […]
11th Oct, 2014

Goverment cannot withdraw its assurance even if it is a party in a contract #indianlaws

Cancellation of allotment of land was the subject matter of challenge in the present writ petition filed under Article 226 of the Constitution of India. The allotments were stated to be made without inviting public […]
10th Jul, 2014

Alternative remedy to filing of appeal under Section 53T of Competition Act not an absolute bar # indianlaws

The issue before Court in the present appeal was of the maintainability of a writ petition under Article 226 of the Constitution of India against the order of the Competition Appellate Tribunal (Tribunal), otherwise is […]
30th May, 2014

Writ jurisdiction not meant to decide claim arising out of non-statutory contracts #indianlaws

A writ of Mandamus was sought in the present matter pertaining to alleged non-payment of dues under a contract of supply of goods. High Court held that in matter of such nature it would neither […]
10th Apr, 2014

Restriction on power of High Court to interfere in finding of facts under Article 226 and 227 of Constitution #indianlaws

 In the absence of mixed question of law and fact or question of law, the High Court cannot alter the finding under Articles 226 and 227 of the Constitution of India
21st Feb, 2014

Challenging the orders of Subordinate Courts under Article 226 and 227 of the Constitution of India

The writ jurisdiction of the High Court under Article 226 and 227 of the Constitution of India is a very effective and powerful remedy available in law
21st Feb, 2014

Distribution of State largesse by Public Authority

While a Public Authority cannot distribute State largesse arbitrarily, and all the eligible persons have to be allowed level playing field
29th Jan, 2014

Whether entertainment tax on DTH is the levy on “broadcasting service” inviting Service Tax?

In case of Direct-to-Home (DTH) broadcasting, service is on account of activity of transmission of signals which is received by the dish antenna for which “service tax” is levied
28th Nov, 2013

Judicial Review of the process of Grant of Contract

The Supreme Court of India after considering several authorities elaborated the law of tender as under:
23rd Oct, 2013

Hospital vicariously liable for its doctors and their conduct – whether on the panel of hospital or associated as visiting doctors.

Right to Health of a citizen is a fundamental right as guaranteed under Article 21 of the Constitution of India.