Category: Constitution

Maradu Flats Case – This Court direct that the amount of Rs.6.12 crores + 1.50 crores lying in deposit to the account of M/s.Jain Housing & Constructions Ltd. be disbursed on pro rata basis to the flat owners and agreement holders of M/s. Jain Housing & Constructions Ltd.

SUPREME COURT OF INDIA DIVISION BENCH THE KERALA STATE COASTAL ZONE MANAGEMENT AUTHORITY MEMBER SECRETARY — Appellant Vs. MARADU MUNICIPALITY AND OTHERS — Respondent ( Before : Navin Sinha and…

Maharashtra State Reservation (of seats for admission in educational institutions in the State and for appointments in the public services and posts under the State) for Socially and Educationally Backward Classes (SEBC) Act, 2018 as amended in 2019 granting 12% and 13% reservation for Maratha community in addition to 50% social reservation is not covered by exceptional circumstances as contemplated by Constitution Bench in Indra Sawhney v. Union of India, (1992) Sup3 SCC 217.

SUPREME COURT OF INDIA CONSTITUTION BENCH DR. JAISHRI LAXMANRAO PATIL — Appellant Vs. THE CHIEF MINISTER AND OTHERS — Respondent ( Before : Ashok Bhushan, S. Abdul Nazeer, L. Nageswara…

Held If the remand is absolutely illegal or the remand is afflicted with the vice of lack of jurisdiction, a Habeas Corpus petition would indeed lie. Equally, if an order of remand is passed in an absolutely mechanical manner, the person affected can seek the remedy of Habeas Corpus. Barring such situations, a Habeas Corpus petition will not lie.

  Thus, we would hold as follows: If the remand is absolutely illegal or the remand is afflicted with the vice of lack of jurisdiction, a Habeas Corpus petition would…