Civil Writ – PIL - Right to Education – Safe Learning Environment – Article 21A – Enforceability – In light of the Kumbakonam school fire tragedy which killed 93 children due to lack of fire safety and building code compliance, the Court emphasized that the right to education under Article 21A includes the right to study in a safe and secure environment – Held: ...
Taxation Law - CGST – Detention & Penalty under Section 129(3) – Rule 138 Violation via Loading-Point Mismatch – Petition Dismissed – Goods in transit intercepted on 09.03.2025; E-Invoice and E-Way Bill were generated but actual loading point (Rupnarayanpur, West Medinipur, West Bengal) differed from the declared dispatch point (Village-Sakui, Kharagpur) – GPS log...
Defection – Voluntarily giving up membership – Paragraph 2(1)(a) of Tenth Schedule – Contesting election as independent/Samajwadi Party candidate while elected as Congress MLC – Held: Such conduct amounts to voluntarily giving up membership of Congress – Formal resignation unnecessary – Disqualification validly incurred [Paras 11, 20, 21].
Disqualification Pr...
Validity of Delhi notification dated 31.12.1999 – Motor Vehicles – Section 67 (State power to fix fares) vs. Section 72(2) (permit conditions) – Notification largely upheld, but Paragraph 3(b) quashed – State validly revised service charges payable by private operators for use of DTC bus shelters/terminals per permit Condition 17; however, compelling private operators to ho...
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 ...
Civil Writ - PIL - Urban Traffic & Parking – Judicial Directions – Calibration by Supreme Court – Parking charges and one-way systems – High Court’s directions modified – Chandigarh Administration to fix quantum of parking charges considering relevant factors – One-way traffic to be introduced where needed; relaxation only with recorded special reasons...
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...
Civil Writ - Article 12 – BCCI’s status as “State” – Tests from Pradeep Kumar Biswas applied – Petition under Article 32 dismissed (majority) – The Court held BCCI is not created by statute, receives no financial assistance, is not under deep and pervasive governmental control, and its monopoly in cricket is not State-conferred or State-protected – M...
Writ – Territorial Jurisdiction - Article 226(2) – Cause of Action – Parliament’s Seat Irrelevant – Passing of Law Not Sufficient – Writ Jurisdiction Depends on Cause of Action – The Court held that territorial jurisdiction under Article 226(2) turns on where the cause of action, wholly or in part, arises – the mere fact that Parliament is seated in ...