Delhi LG not bound by aid & advice of State Government for appointment of aldermen: Supreme Court
The Court upheld the appointment of ten aldermen to the MCD by the Lieutenant Governor without consultation of the State Cabinet.
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Identify and exclude ‘creamy layer’ among SC/ STs from reservation: Supreme Court in Sub-classification of SC/STs Verdict
“The criteria for exclusion of the creamy layer from the SCs and STs for the purpose of affirmative action could be different from the criteria as applicable to the Other Backward Classes.”
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‘Indra Sawhney did not limit sub-classification to OBCs; Sub-classification of SC/STs permissible’: A point wise breakdown of Majority Ruling in SC’s 6:1 Verdict
“Article 341 does not create an integrated homogenous class. Sub-classification within the Scheduled Castes does not violate Article 341(2) because the castes are not per se included in or excluded from the List.”
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SC calls for performance audit of Maharashtra Slum Areas Act; Emphasises on review of implementation of Statute to ensure Rule of Law
“Legal reform through legislative correction improves the legal system and it would require assessment of the working of the law, its accessibility, utility and abuse as well. Executive branch has a constitutional duty to ensure that the purpose and object of a statute is accomplished while implementing it, along with duty to closely monitor the working of a statute and must have a continuous and a real time assessment of the impact that the statute is having.”
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‘Sub-classification of SC/STs permissible’: SC overrules EV Chinnaiah ruling in 6:1 verdict; Justice Bela M. Trivedi dissents
In E.V. Chinnaiah v. State of A.P., (2005) 1 SCC 394, the Supreme Court five Judge Bench held that Scheduled Castes form homogenous classes and there cannot be any sub-division, and that such sub-classification of SC/STs is contrary to Article 341 of the Constitution.
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Supreme Court Roundup July 2024 | ‘Royalty’ as tax; GM mustard; NEET UG 2024; Kanwar Yatra; Section 125 CrPC Maintenance to Divorced Muslim Women; and more
July, just after the summer break, was the month of ground-breaking and landmark decisions. From long arguments on NEET-UG 2024 scam to landmark decisions on genetically modified crops, guidelines on portrayal of persons with disabilities in visual media, films, and maintainability of WB’s suit against misuse of CBI, this roundup revisits it all.
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‘State can deviate from advertised vacancies in exceptional cases’; Meghalaya HC upholds appointment of 3 judges made above number of advertised vacancies
The Court clarified that the deviations from number of vacancies and appointments on them are permissible in exceptional circumstances or emergent situation, for clear and anticipated vacancies and not future vacancies.
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NGT issues notice to CPCB & MoEFCC on recovery of 6 lakh fake EPR certificates from plastic-recycling companies in Gujarat, Maharashtra & Karnataka
The companies claimed to generate far more certificates than what their actual recycling capacity permitted for. It was also alleged that the recycling companies generated and sold fake Extended Producer Responsibility (EPR) certificates without actually recycling the plastic waste.
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Delhi Court denies bail to a man accused of sending legal notice with fake signature of Senior Adv. Sidharth Luthra
Senior Advocate Sidharth Luthra alleged that accused had created a forged legal notice and sent it to the Managing Director and CEO, IndusInd Bank Ltd. and other Senior dignitaries of the bank to release the funds.
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Requirement of proficiency in State’s local language for appointment in District Judicial Service is valid: Supreme Court
The imposition of such a requirement was manifestly proper, as judicial officers are required to appreciate the evidence in the State’s language.
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Supreme Court| No interim relief to Bihar Govt in plea against Patna HC ruling quashing 65% reservation for SC, ST & OBC in jobs and education
The Supreme Court refused to grant interim relief at this stage.
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HIGH COURT JULY 2024 WEEKLY ROUNDUP| Stories on age of superannuation; abortion of 28 weeks pregnancy; compassionate appointment; anti CAA protests and more
A quick legal roundup to cover important stories from all High Courts this week.
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’National Policy on Genetically Modified crops’: A breakdown of Justice Karol’s opinion upholding conditional approval to GM Mustard cultivation by Centre
“When a legislative body enacts a legislation there is a presumption of constitutionality unless proven otherwise, similarly, a policy decision when taken by the competent authority enters the fray of enforcement with a presumption in its favour of being in public interest, unless otherwise shown, demonstrated and proven to be among other grounds, manifestly arbitrary.”
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‘Non-consideration of adverse effect on health of humans, animals, plants’: Justice Nagarathna on Centre’s approval for Genetically Modified mustard cultivation
“The failure to adequately assess health and environmental impact of Genetically Modified crops seriously infringes upon intergenerational equity as it potentially endangers the ability of future citizens to enjoy the highest attainable standard of health.”
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Highlights of Budget 2024-2025: Focus on Employment & Skilling, MSMEs and Middle Class
Priorities for Viksit Bharat, revised tax structure, exemption of three cancer drugs from custom duty, abolishment of angel tax, simplification of capital gains taxation and more
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‘Similarly situated persons should not be left out; Manipur HC allows Veterinary Doctor’s plea seeking benefit of enhanced age of superannuation from 60 to 62 years
“In a welfare State, the hallmark in the action of the executive and legislature is the principle of equality embodied under Article 14 of the Constitution. There can be classification for the purpose of Article 14, but it should be reasonable and intelligible so that such classification forms a homogeneous group.”
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‘Love is blind but minor girl was made blind by intoxication to fulfil sexual desire’; Meghalaya HC upholds 20 yrs conviction for sexually assaulting minor girlfriend
In the guise of loving the minor girl, the boy had poured some intoxicating substance in the tea which made the girl unconscious and had aggravated sexual intercourse with her.
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Not mandatory for plaintiff in specific performance suit to seek cancellation of subsequent sale deed executed by seller in favour of informed third party: SC
Section 19(b) provides that a specific performance of a contract may be enforced against any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract.
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Supreme Court stays directive to Eateries along Kanwar yatra route to display names of owners and staff
The State of Uttar Pradesh, Uttarakhand and Madhya Pradesh issued the direction amidst preparations for the Kanwar Yatra, directing the shops and eateries to display the names, addresses, mobile numbers of owners and their staff.
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Watali Judgment not a precedent to deny bail to UAPA accused in long incarceration with no end to trial in sight: SC
In Zahoor Ahmad Shah Watali v. National Investigating Agency, 2018 SCC OnLine Del 11185, the accused under various provisions of IPC and UAPA was released on bail by the High Court, conducting a mini trial and determining admissibility of certain evidence which clearly exceeded the limited scope of a bail proceeding, hence, the Supreme Court in NIA v. Zahoor Ahmad Shah Watali, (2019) 5 SCC 1, cancelled the said grant of bail.
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