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

Jan
11
2017


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 propriety. A court of law ought to limit itself in only assessing infirmities in “decisions making process” on touchstone of reasonableness and rationality and should ensure that it is not arbitrary or violative of Article 14 of Constitution of India.




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

Jan
10
2017


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 like the Supreme Court of India. As a matter of fact, Supreme Court under Article 129 and High Court under Article 215 of Constitution are both declared to be Courts of Record. One of recognised attributes of a Court of record is power to punish for its contempt and contempt of courts subordinate to it. Use of expression "including" in said provisions is explanatory in character.




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

Dec
14
2016


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, viz., the first Respondent, but between the bank and the Appellant, the specific condition incorporated in the bank guarantee is that the decision of the Appellant as to the breach is binding on the bank.




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

May
20
2016


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 of human right and is treated as a significant facet of right to life and liberty. Such a right, now treated as human right of the persons who are disabled, has its roots in Article 21 of the Constitution. Article 21 provides for right to life and liberty. Right to life include right to live with dignity. Human dignity is a constitutional value and a constitutional goal.




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

May
16
2016


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 142 of the Constitution in order to ensure justice to the parties. With the above observation, the statutory period of six months was waived and the marriage between the parties was dissolved.




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

Aug
23
2015


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 Article 226 of the Constitution is plenary in nature and is not limited by any other provisions of the Constitution. The High Court having regard to the facts of the case has discretion to entertain or not to entertain a writ petition.




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

Jun
21
2015


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 a direction of maintaining status quo on such properties. 




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

Jun
2
2015


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 the literature




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

Mar
29
2015


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 same was not capable of being enforced by issuing a direction in a writ petition.




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

Feb
1
2015


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 it is not, whether it is amenable to the writ jurisdiction of the High Court under Article 226 of the Constitution of India? 




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

Oct
11
2014


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 tenders and the concluded agreements were void on the thrust of Section 23 of the Contract Act, 1872 being opposed to the public policy and also in violation of Article 14 of the Constitution of India.




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

Jul
10
2014


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 appealable to the Supreme Court under Section 53T of the Competition Act, 2002.




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

May
30
2014


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 be prudent nor judicious for the Court to grant relief in exercise of its writ jurisdiction under Article 226 of the Constitution as in substance the relief sought was for obtaining a money decree, more so when contracts are purely non-statutory in nature.




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

Apr
10
2014


 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




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

Feb
21
2014


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




Distribution of State largesse by Public Authority

Feb
21
2014


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




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

Jan
30
2014


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




Judicial Review of the process of Grant of Contract

Nov
29
2013


The Supreme Court of India after considering several authorities elaborated the law of tender as under:




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

Oct
24
2013


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




Court Fee (Delhi Amendment) Act, 2012 held invalid and ultra vires the Constitution and therefore struck down

Oct
9
2013


In a set of writ petitions filed before the Delhi High Court, validity of Court Fee (Delhi Amendment) Act, 2012 was questioned and the same was sought to declared ultra vires and thus liable to be struck down




The terms of tender/guidelines, being in the realm of contract, cannot be open to judicial scrutiny

May
10
2013


Government is free to enter into any contract with citizens, The Court may interfere only where the Government Acts arbitrarily or contrary to public interest.




Victory to Local and Global Environmentalist- Niyamgiri Judgement

Apr
18
2013


Stage II clearance for the Bauxite Mining Project – Apex Court’s landmark Judgment on Mining in Niyamagiri Hills








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