Category: Constitution

Evidence Act, 1872 – Section 8 – Constitution of India, 1950 – Article 226 – Additional evidence – HELD any event subsequent to the passing of the said order cannot be a consideration for this Court to test the legality of the said order” may be generally correct but there can be exception if the above statement is treated as statement of law. In a writ petition under Article 226 subsequent events can be taken note of for varied purposes.

  SUPREME COURT OF INDIA DIVISION BENCH RAM CHANDRA PRASAD SINGH — Appellant Vs. SHARAD YADAV — Respondent ( Before : Ashok Bhushan And M.R. Shah, JJ. ) Civil Appeal…

Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservations (to the Posts in the Civil Services of the State) Act 2018 – Constitutional validity HELD The present MAs are, in effect, a substantive challenge to the actions of the State government in implementing the Reservation Act 2018 through the GO dated 15 May 2019 and the circular dated 24 June 2019. If the applicants are aggrieved by the steps which have been taken by the State government, it is open to them to pursue a substantive remedy for challenging the steps taken by the State government in independent proceedings

  SUPREME COURT OF INDIA DIVISION BENCH B K PAVITHRA AND ORS. — Appellant Vs. UNION OF INDIA AND ORS. — Respondent ( Before : Uday Umesh Lalit and Dr.…

Public Interest Also Shall Be Demonstrated Before Writ Remedy Is Sought In Tender Matters: SC HELD “In addition to arbitrariness, illegality or discrimination under Article 14 or encroachment of freedom under Article 19(1)(g), public interest too is demonstrated before remedy is sought.”

Public Interest Also Shall Be Demonstrated Before Writ Remedy Is Sought In Tender Matters: SC [Read Judgment] LIVELAW NEWS NETWORK 18 March 2020 5:38 PM “In addition to arbitrariness, illegality…

Unreasoned Decisions Delivered On Technical Grounds Without Entering Into Merits Are Not Binding Precedents: SC HELD “It can never be in a summary manner, much less be rendered in a decision delivered on technical grounds, without entering into the merits at all. “dismissal of a case by it on the ground of delay in filing/non-filing is not a binding precedent.

Unreasoned Decisions Delivered On Technical Grounds Without Entering Into Merits Are Not Binding Precedents: SC [Read Judgment] LIVELAW NEWS NETWORK 12 March 2020 10:31 AM “It can never be in…

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