Establishment and Constitution of Supreme Court under Article 124 of the Constitution
The makers of the Constitution of India advocated for Separation of Power and demarcated the limits, roles and functions of every organ
Constitution
Delhi High Court upholds constitutional validity of Centre notifications imposing GST on auto, buses booked through Uber
In Aashirward Films v. Union of India, (2007) 6 SCC 624, Supreme Court laid down that a taxing statute for the reasons of functional expediency and even otherwise, can pick and choose to tax some; so long as the classification is reasonable.
Suggestions to witness by defence and reply to the same forms part of evidence to determine guilt of accused; SC upholds conviction in murder case
Supreme Court was quick to clarify that if prosecution was unable to prove its case on its own legs, then it won’t be able to derive advantage from the weakness of the defence and the Court would not be able to convict the accused on the strength of the evidence in the form of reply to the suggestions made by the defence counsel to a witness.
Know Thy Judge | Justice Pritinker Diwaker: The 50th Chief Justice of Allahabad High Court
Prior to being appointed as Allahabad High Court’s 50th Chief Justice, Justice Pritinker Diwaker had been working as the High Court’s Acting Chief Justice after elevation of former Chief Justice, Rajesh Bindal
Why Section 34 (A&C Act) Challenge is Not Efficacious for MSME Awards? Making a Case Exercise of Article 227
by Tahir Ashraf Siddiqui*, Shireen F. Khan** and Sameer Mishra***
Compensatory Taxes are Dead: Long Live Compensatory Taxes
by Tarun Jain†
Cite as: 2023 SCC OnLine Blog Exp 20
Supreme Court’s Constitution bench directs appointment of CEC and EC on advise of the committee consisting of the PM, leader of opposition and the CJI
Supreme Court directs appointment of Chief Election Commissioner and Election Commissioners on advise of the committee consisting of the Prime Minister, leader of opposition and the Chief Justice of India
Decriminalisation of Adultery| Applicability of 2018 Joseph Shine judgment to defence personnels: Supreme Court reserves judgment
Applicant submitted that the 2018 judgment may cause instability within the defence personnel’s services since they function in peculiar conditions who are separated from their families for long durations when posted on borders under challenging conditions, in view of the 2018 judgment, there will always be a concern in their minds about the family indulging in untoward activity.
Explained| Justice LC Victoria Gowri appointment case vis-à-vis scope of judicial review in matters relating to appointment of High Court judges
Supreme Court said that the conduct of the judge and her/his decisions must reflect and show independence, adherence to the democratic and constitutional values. This is necessary as the judiciary holds the centre stage in protecting and strengthening democracy and upholding human rights and the Rule of law.
Know Thy Judge| Justice Surya Kant
Born on 10-02-1962 in Hisar, Justice Surya Kant, has the distinction to be appointed as the youngest Advocate General of Haryana. Before being elevated as a Supreme Court Judge, Justice Surya Kant served as a Judge in the Punjab and Haryana High Court and as Chief Justice of Himanchal Pradesh High Court.
Yardstick for parliamentary elections cannot be applied ipse dixit to every local election; Bombay High Court holds imposition of prohibitory ban on sale of liquor as violative of Article 21
Imposing a prohibitory ban on merchant establishments and establishments that provide livelihood is contrary to the enshrined principles under Article 21.
Free for All
by K. Vaitheeswaran*
Life and liberty of a person not on the shore of India, cannot be invoked when the individual himself is not in India; Gujarat High Court dismisses petition of foreigner to enter India
Gujarat High Court denied entry to an American Passport holder who has been convicted as a sex offender and held that petition filed by the petitioner's father on petitioner's behalf, invoking Articles 14 and 19 of the Constitution of India, is not maintainable because life and liberty of a person not on the shore of India, cannot be invoked on his behalf when the individual himself is not in India
Classification of retirees of BSNL VRS-2019 as distinct from those superannuating in normal course is a clear violation of Article 14 and 16 of the Constitution: Delhi High Court
The Delhi High Court held that the engagement of BSNL VRS-2019 retirees in any Central Public Sector Enterprises/Government department on contractual/consultancy basis, for which the retired employees on superannuation in due course were eligible for consideration, was not in violation of Clause 8 (iii) of BSNL Voluntary Retirement Scheme-2019.
Madras High Court| Prison administration needs to be reformed to create a better environment and prison culture to ensure that prisoners enjoy their right to dignified life
Madras High Court said that, while dealing with the issue involved in this public interest litigation, the following words of the South African anti-apartheid activist, Nelson Mandela resonate in their mind – “No one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones”.
Exploration of Extraterritorial Service of Summons under Customs Law
by Nupur Maheshwari†, Harshdeep Khurana†† and Siddhant Indrajit†††
Cite as: 2023 SCC OnLine Blog Exp 2
Madras High Court directs authorities to impose strict laws on consumption and distribution of alcohol and to curtail accessibility of alcohol, especially to younger generation
Statutory warnings are intended to instill a sense of fear, but they have had very little effect on human attitudes and behaviour towards alcohol consumption. It is also a sorry state of affairs that persons under 21 years, who are specifically prohibited from drinking alcohol, are in fact addicted to it. Therefore, it is incumbent on the State Government to reduce alcohol dependence and addiction as a public health measure by restricting and effectively regulating its sale and consumption.
Guideline excluding married daughter for issuance of I-cards to dependants of ex-servicemen, held violative of Art. 14; Karnataka High Court struck down the words “till married” from the impugned policy
In an impassioned ruling, the single Judge Bench of the Karnataka High Court observed that the word “men” in the impugned Guideline perpetrates gender bias and misogyny and urged that there is an imperative need of change of nomenclature from ‘ex-servicemen’ to that of ‘ex-service personnel’