Environmental Protection – Taj Trapezium Zone – Brick Kilns – Committee Mechanism – Pursuant to Court’s order dated 11.09.2003, a Special Committee comprising representatives of CPCB, ASI, MoEF and UPPCB was constituted to decide applications for restarting kilns – Applications pending before Court dismissed as withdrawn with liberty to approach Committee &ndash...
Competition Commission – Selection of Chairperson/Members – Rule 3 of the 2003 Rules – Separation of Powers – Judicial Primacy Sought – Adjudication Deferred - Petitioner (advocate) assailed Rule 3 as unconstitutional, urging CJI-led selection and a judicial Chair; Union described CCI as an expert/regulatory body and placed on record proposed amendments to provide a C...
Administrative Tribunals – Abolition of State Administrative Tribunal – Section 74(1) of M.P. Reorganisation Act – Constitutionality Upheld – Petitioners challenged the abolition of the M.P. State Administrative Tribunal and questioned the vires of Section 74(1) of the M.P. Reorganisation Act, 2000 – Held: Parliament was competent to enact the provision empowering suc...
Medical Education – Post-Graduate Admissions – All-India Quota – Prospective Application of Judgment – Clarification Allowed – Following the Constitution Bench judgment in Saurabh Chaudhary (2003), which increased the All-India PG quota from 25% to 50%, applications were filed seeking clarity on its applicability to ongoing admissions – Held: The judgment shall ...
Judicial Service Law – Pay Revision – Assistant Registrars – Writ of Mandamus – Jurisdiction of Chief Justice of High Court – Scope of Article 229 of Constitution – Approval Requirement – Judicial Review
Mandamus – Issuance Against Union of India – High Court directed Union of India to revise pay scale of Assistant Registrars from Rs. 2000-3...
Labour Law - Industrial Tribunal – Jurisdiction to recall award – Tribunal retains jurisdiction until award becomes enforceable (30 days after publication under Section 17A ID Act) – Application for recall made prior to enforceability – Tribunal not functus officio – Correct view taken by High Court relying on Grindlays Bank [Paras 15–16].
Review powers &ndas...
Right to Information – Article 19(1)(a) – Fundamental right recognised – subject to reasonable restrictions under Article 19(2) – Court affirms that the right to information is a facet of freedom of speech and expression – international instruments (UDHR, ICCPR, ECHR) noted – but the right is not absolute and yields to security and public interest exceptions &nd...
Taxation Law - Excise Exemption – North East Industrial Policy – Notification No. 32/99-CE dated 08.07.1999 – Retrospective withdrawal of benefit for cigarettes by Section 154, Finance Act 2003 – Upheld – Parliament has plenary competence to amend or withdraw exemptions prospectively or retrospectively – Exemption suspends liability; no vested right accrues &nda...
Service Law - BSF – Termination on misconduct – Rule 20 BSF Rules – Scope of “as the case may be” – Both Central Government and Director General competent at the satisfaction stage – High Court erred in holding only Central Government could be “satisfied” under Rule 20(2) – Scheme: DG/CG, as the case may be, records satisfaction of inexpe...
Limitation Law – Applicability of Articles 58 vs. 113 – Suit for Refund – Declaration of Excess Freight by Tribunal – Special Leave Petition filed and dismissed by Supreme Court – Held: Limitation begins from final appellate order and not Tribunal’s order – Article 113 applies, not Article 58 – Time spent in bona fide writ proceedings and pendency be...