Municipal Elections – Two-Child Norm – Disqualification – Clarificatory Amendment – Retrospective Effect – First Amendment (Act 3 of 1994) inserted Section 13A(1)(c) disqualifying persons with more than two living children; proviso (faultily drafted) used “after one year” from commencement – Second Amendment (Act 15 of 1994) substituted “after&...
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...
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...
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 ...
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 ...
Banking Law - SARFAESI – Possession of Secured Asset – Tahsildar’s Competence – ARC filed writ petition challenging Ext. P10 order passed by the Tahsildar on the complaint that property unconnected with loan transaction was taken possession of under SARFAESI proceedings – Held: Tahsildar has no authority to interfere in matters already adjudicated by the Chief Judicia...