November 23, 2025 9:08 am

Constitution Consumer

Advocates Not Liable Under Consumer Protection Act For Deficiency Of Services

Bysclaw

May 26, 2024

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Constitution Service

Constitution of India, 1950 — Articles 233, 235, 309, 32, 141, 142 — Higher Judicial Services (HJS) — Determination of Seniority — Source of Recruitment — Recruitment to HJS is through Regular Promotees (RP), Limited Departmental Competitive Examinations (LDCE), and Direct Recruits (DR) — Supreme Court has jurisdiction under Article 142 and other provisions to lay down uniform guidelines for judicial services across the country, independent of High Courts’ control under Article 235, to ensure a unified and robust judiciary — Overarching guidelines framed do not foreclose powers of High Courts but establish a homogenous framework for superintendence over judicial services.

Nov 22, 2025 sclaw

Constitution of India, 1950 — Articles 14, 32, 136, 141, 142, 226, 227, 323-A, 323-B, 368 — Separation of powers — Judicial Independence — Constitutional Supremacy — Judicial Review — Tribunals Reforms Act, 2021 (Impugned Act) — Challenge to vires — The Impugned Act, which reproduces provisions previously struck down in Madras Bar Association v. Union of India (MBA) cases, is unconstitutional as it constitutes an impermissible legislative override of binding judicial pronouncements and violates the doctrine of constitutional supremacy, separation of powers, and judicial independence; the repetition of invalidated provisions without removing the underlying constitutional defects is impermissible; the principles of separation of powers and judicial independence are structural pillars of the Constitution and justiciable, not merely abstract ideas, especially concerning adjudicatory bodies.

Nov 22, 2025 sclaw

Public Interest Litigation (PIL) — Environmental Protection — Monitoring Committee — Powers and Scope — A PIL was filed concerning environmental issues in Delhi, leading to the appointment of a Monitoring Committee. The Supreme Court clarified that the committee was appointed to prevent misuse of residential premises for commercial purposes and not to interfere with residential premises used as such. Their power was limited to making suggestions to a Special Task Force regarding encroachments on public land, not to summarily seal premises.

Nov 2, 2025 sclaw

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Arbitration and Conciliation Act, 1996 — Section 37 read with Section 34 — Scope of Interference — Concurrent Findings — Statutory prohibition against re-appreciation of evidence — Challenges to arbitral award upholding 24% interest rate based on loan agreement terms dismissed by Single Judge and Division Bench; Supreme Court upholds affirmation — Re-appreciation of evidence on genuineness of loan agreements or terms, including interest rate, is prohibited under Section 34(2A) proviso, particularly when Arbitrator’s findings are concurrently upheld.

Nov 22, 2025 sclaw

Environmental Law — Environmental Clearance (EC) — Ex Post Facto Clearance — Environment (Protection) Act, 1986, Section 3 — While EC should ordinarily be prior, the EP Act does not entirely prohibit ex post facto EC — Grant of ex post facto clearance is permissible in exceptional circumstances, in strict compliance with rules, upon imposition of heavy penalties, where denial of approval would result in adverse consequences outweighing regularisation, and where project complies with or can be made to comply with environmental norms — Adopting a ‘balanced approach’ is necessary to protect economy and livelihood.

Nov 22, 2025 sclaw

National Green Tribunal Act, 2010 — Section 16(h) — Limitation period for appeal against Environmental Clearance (EC) — Communication of EC to “any person aggrieved” — The date of commencement of the 30-day limitation period (extendable by 60 days) starts from the earliest date on which the order granting EC is “communicated” to the aggrieved person by any of the duty bearers (MoEF&CC, project proponent, or Pollution Control Boards).

Nov 22, 2025 sclaw

Constitution Service

Constitution of India, 1950 — Articles 233, 235, 309, 32, 141, 142 — Higher Judicial Services (HJS) — Determination of Seniority — Source of Recruitment — Recruitment to HJS is through Regular Promotees (RP), Limited Departmental Competitive Examinations (LDCE), and Direct Recruits (DR) — Supreme Court has jurisdiction under Article 142 and other provisions to lay down uniform guidelines for judicial services across the country, independent of High Courts’ control under Article 235, to ensure a unified and robust judiciary — Overarching guidelines framed do not foreclose powers of High Courts but establish a homogenous framework for superintendence over judicial services.

Nov 22, 2025 sclaw