Category: Constitution

HELD lotteries’ is a species of gambling activity and hence lotteries is within the ambit of ‘betting and gambling’ as appearing in Entry 34 List II. if lotteries are conducted by private parties or by instrumentalities or agencies authorized, by Government of India or the Government of State, it would come within the scope and ambit of Entry 34 of List II – State Legislatures have legislative competence to impose tax on the lotteries conducted by other States in their State

SUPREME COURT OF INDIA DIVISION BENCH STATE OF KARNATAKA AND ANOTHER ETC. — Appellant Vs. STATE OF MEGHALAYA AND ANOTHER ETC. — Respondent ( Before : M.R. Shah and B.V.…

Prevention of Cruelty to Animals Act, 1960 – Confiscation of the appellant’s truck when he is acquitted in the Criminal prosecution, amounts to arbitrary deprivation of his property and violates the right guaranteed to each person under Article 300A – Therefore, the  District Magistrate’s order of Confiscation (ignoring the Trial Court’s judgment of acquittal), is not only arbitrary but also inconsistent with the legal requirements

SUPREME COURT OF INDIA DIVISION BENCH ABDUL VAHAB — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ. ) Criminal Appeal No.…

University Grants Commission Act, 1956 – Issuance of writ of quo warranto to set aside the appointment of Vice Chancellor – Therefore, any appointment as a Vice Chancellor contrary to the provisions of the UGC Regulations can be said to be in violation of the statutory provisions, warranting a writ of quo warranto – This is a fit case to issue a writ of quo warranto and to quash and set aside the appointment of Vice Chancellor.

SUPREME COURT OF INDIA DIVISION BENCH GAMBHIRDAN K GADHVI — Appellant Vs. THE STATE OF GUJARAT AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Re-auction – re-auction of the entire properties by fixing the upset price higher than what has been fixed earlier, the auction purchaser who purchased the property in the year 1998- Valuation as on the date of auction is the relevant consideration and not the value after so many years

SUPREME COURT OF INDIA DIVISION BENCH K. KUMARA GUPTA — Appellant Vs. SRI MARKENDAYA AND SRI OMKARESWARA SWAMY TEMPLE AND OTHERS — Respondent ( Before : M.R. Shah and B.V.…

Constitution of India, 1950 – Article 15(1) and 19(1)(g) – Maharashtra Police Act, 1951 – Section 33(1)(w)(i) and 33(w)(ii) and 162(1) – Licensing and Performance for Public Amusement including Cabaret Performance, Melas and Tamashas Rules, 1960 – Rules 108A, 109, 118, 207 and 209- Condition limiting female performers in bars – Restriction directly transgresses Article 15(1) and Article 19(1)(g)-

  SUPREME COURT OF INDIA DIVISION BENCH HOTEL PRIYA, A PROPRIETORSHIP — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : K.M. Joseph and S. Ravindra Bhat,…

Kerala Motor Vehicle Rules,1989 – Rule 174(2)(c) – Under Rule 174(2)(c) of Kerala Motor Vehicle Rules,1989 – discretion will have to be exercised reasonably, fairly as the facts and circumstance would clearly demonstrate – For instance, where the vehicle sought to be substituted is marginally and inconsequentially older than the vehicle covered under the permit, the Authority may perhaps be justified in permitting such an application

SUPREME COURT OF INDIA DIVISION BENCH REGIONAL TRANSPORT AUTHORITY AND ANOTHER — Appellant Vs. SHAJU ETC. — Respondent ( Before : K.M. Joseph and Pamidighantam Sri Narasimha, JJ. ) Civil…

Reinstatement of woman Additional District Judge, who complained of sexual harassment against the judge of the Madhya Pradesh High Court and resigned in 2014 – Petitioner’s resignation from the post of Additional District & Sessions Judge, Gwalior dated 15th July 2014, cannot be construed to be voluntary – directed to re­instate the petitioner forthwith as an Additional District & Sessions Judge

SUPREME COURT OF INDIA DIVISION BENCH MS. X — Appellant Vs. REGISTRAR GENERAL, HIGH COURT OF MADHYA PRADESH AND ANOTHER — Respondent ( Before : L. Nageswara Rao and B.R.…

Benefit of parity or equality – A principle, axiomatic in this country’s constitutional lore is that there is no negative equality – In other words, if there has been a benefit or advantage conferred on one or a set of people, without legal basis or justification, that benefit cannot multiply, or be relied upon as a principle of parity or equality – Candidates could not claim the benefit of parity

SUPREME COURT OF INDIA FULL BENCH R. MUTHUKUMAR AND OTHERS — Appellant Vs. THE CHAIRMAN AND MANAGING DIRECTOR TANGEDCO AND OTHERS — Respondent ( Before : Uday Umesh Lalit, S.…

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