Category: Constitution

High Court shall not pass order of not to arrest and/or “no coercive steps” either during the investigation or till the investigation is completed and/or till the final report/chargesheet is filed under Section 173 Cr.P.C., while dismissing/disposing of the quashing petition under Section 482 Cr.P.C. and/or under Article 226

SUPREME COURT OF INDIA FULL BENCH M/S NEEHARIKA INFRASTRUCTURE PRIVATE LIMITED — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, M.R. Shah…

Conspiracy to Destabilize Judiciary – Phone call conspiracy against the High Court Chief Justice and a senior sitting Judge of the Supreme Court – Investigation- Authenticity and genuineness of the transcript having been admitted to the extent as contained in audio tape – Direction by the High Court calling for report from Justice R.V. Raveendran need not be allowed to continue – Order accordingly.

SUPREME COURT OF INDIA DIVISION BENCH JUSTICE V. ESWARAIAH (RETD.) — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Ashok Bhushan and R. Subhash Reddy, JJ.…

Constitution of India-But the right not to be deported, is ancillary or concomitant to the right to reside or settle in any part of the territory of India guaranteed under Article 19(1)(e). Rohingyas in Jammu, on whose behalf the present application is filed, shall not be deported unless the procedure prescribed for such deportation is followed

SUPREME COURT OF INDIA FULL BENCH MOHAMMAD SALIMULLAH AND ANOTHER — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : S.A. Bobde, CJI, A.S. Bopanna and V.…

Jurisdiction of the High Court to examine the correctness, legality and propriety of determination of any dispute by the Tribunal is reserved with the High Court – Nomenclature of the proceedings as a petition under Article 226 or a petition under Article 227 is wholly inconsequential and immaterial.

SUPREME COURT OF INDIA FULL BENCH KIRAN DEVI — Appellant Vs. THE BIHAR STATE SUNNI WAKF BOARD AND OTHERS — Respondent ( Before : Ashok Bhushan, S. Abdul Nazeer and…

Permanent Commission for Women Officers (Army) – Evaluation criteria set by the Army constituted systemic discrimination against the petitioners – Pattern of evaluation deployed by the Army, to implement the decision in Secretary, Ministry of Defence v. Babita Puniya, (2020) 7 SCC 469 disproportionately affects women – This disproportionate impact is attributable to the structural discrimination against women, by dint of which the facially neutral criteria of selective ACR evaluation and fulfilling the medical criteria to be in SHAPE-1 at a belated stage, to secure PC disproportionately impacts them vis-à-vis their male counterparts.

SUPREME COURT OF INDIA DIVISION BENCH LT. COL. NITISHA AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.…

Loan moratorium case – There shall not be any charge of interest on interest/compound interest/penal interest for the period during the moratorium from any of the borrowers and whatever the amount is recovered by way of interest on interest/compound interest/penal interest for the period during the moratorium, the same shall be refunded and to be adjusted/given credit in the next instalment of the loan account – There is no rational to restrict such relief with respect to loans up to Rs. 2 crores only

SUPREME COURT OF INDIA FULL BENCH SMALL SCALE INDUSTRIAL MANUFACTURES ASSOCIATION (REGD.) — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy…

Nature of modification which has been made by the High Court order in the form of an ad-hoc interim arrangement is exceeding its jurisdiction, and not within the realm of power of judicial review to be exercised under Article 226 of the Constitution. It is well settled that by an interim order, even the final relief ordinarily should not be granted.

SUPREME COURT OF INDIA DIVISION BENCH PUNE METROPOLITAN REGIONAL DEVELOPMENT AUTHORITY (PMRDA) — Appellant Vs. PRAKASH HARKACHAND PARAKH AND OTHERS — Respondent ( Before : Indu Malhotra and Ajay Rastogi,…