Tender alterations after bid submission arbitrary and violative of Article 14: Calcutta High Court
Respondent authorities are instructed to proceed with the tender process based on the original tender document.
Article 14
‘Compassionate appointment not vested/hereditary right’, Calcutta High Court upholds rejection of compassionate appointment
Calcutta High Court denied the compassionate appointment due to the lack of credibility and failure to establish financial dependency.
Detention not unlawful or illegal; Calcutta High Court rejects request for compensation and reinvestigation following acquittal
“Though the Constitutional Courts have the power to order fresh, de novo or reinvestigation but such directions have to be issued sparingly depending upon the facts of the case.”
Calcutta High Court directs rectification of employee’s re-designation and retiral benefit calculation on violation of Article 14 of Constitution of India
“The High Court in exercise jurisdiction under Article 226 can even mould the relief or reliefs to meet the peculiar and complicated requirements of the country.”
Delhi High Court criticizes Authorities for abusing procedure of booking venue for Ramlila and Dussehra Mela
“The basic requirement of Article 14 of the Constitution is that any action of the State must be non-arbitrary in essence and substance. It is the heartbeat of fair play and State actions are amenable to judicial review to the extent that the State must act validly for a discernible reason and not whimsically.”
Delhi High Court upholds validity of Rule 8 of Chewing Tobacco and Unmanufactured Tobacco Packing Machines (Capacity Determination and Collection of Duty) Rules, 2010
“The fact that a particular packing machine is operated only for few days during the month does not result in the duty liability being proportionately reduced or enhanced.”
Delhi High Court upholds Centre decision to bring all medical devices under the ambit of ‘drug’ under Drugs and Cosmetics Act, 1940
The larger public interest, which concerns patient safety, requires that all medical devices be brought within a regulatory regime. One cannot quibble with the intent, purpose and object with which the impugned notifications have been issued.
‘Grant of Contract to construct flats for homeless without Inviting Tenders not Arbitrary’: Telangana HC
“No material was brought on record to show any financial loss to the public exchequer due to the payments made to the company, completing the construction, hence, the action of the Greater Hyderabad Municipal Corporation was just, fair and reasonable”.
Extension in service counts as qualifying service for pension, gratuity and increments; Himachal Pradesh HC imposes Rs. 10,000 cost on State
The State acts as a model employer that can’t discriminate among its employees and give a benefit that is conferred under the applicable rules/instructions to some, and deny the same to others.
Delhi High Court upholds constitutional validity of Centre notifications imposing GST on auto, buses booked through Uber
In Aashirward Films v. Union of India, (2007) 6 SCC 624, Supreme Court laid down that a taxing statute for the reasons of functional expediency and even otherwise, can pick and choose to tax some; so long as the classification is reasonable.
[District Police Constable Driver Recruitment] MAT| Clause prohibiting application for one and the same post in more than one unit in the advertisement notice not violative of Article 14, 16 and 19
The Tribunal observed that the act of filling in 2 applications for one and the same post in more than one Unit cannot be accepted to be an inadvertent or innocent act.
‘Right to property not absolute; can be regulated under Town Planning laws’; Supreme Court upholds Rule mandating reservation of Open Spaces in Development Projects
The Supreme Court observed that an owner of land may not have an absolute and unqualified right which is the idea which not unnaturally comes to mind when the idea of ownership is under consideration.
Mentally retarded persons are also entitled for tax exemption while purchasing motor cars; Kerala High Court set aside notification for being discriminatory
Kerala High Court held that the exclusion of mentally retarded persons from tax exemption while buying motor cars is discriminatory and they are also entitled to tax exemption.
Guideline excluding married daughter for issuance of I-cards to dependants of ex-servicemen, held violative of Art. 14; Karnataka High Court struck down the words “till married” from the impugned policy
In an impassioned ruling, the single Judge Bench of the Karnataka High Court observed that the word “men” in the impugned Guideline perpetrates gender bias and misogyny and urged that there is an imperative need of change of nomenclature from ‘ex-servicemen’ to that of ‘ex-service personnel’
Supreme Court | Denying similar benefits to similarly situated Government employees working under same employer amounts to discrimination
Supreme Court: In an appeal filed against the judgment of the Delhi High Court, wherein the Court has set aside
Meghalaya High Court | Selection processes should be transparent and not guided by Nepotism
“…that greater weightage is desirable to be given to the objective part of the assessment since the Indian psyche is such that the subjective part of the assessment, more often than not, is tainted, influenced or guided by nepotism or the usual uncle culture or even more disagreeable extraneous considerations.”
In absence of special category, transgenders should be allowed to participate in their self-perceived gender category; Kerala HC upholds transgenders’ right to equal participation in Sports
Kerala High Court: In a case where a transgender person was declined participation in District Judo Competition, V.G. Arun, J.,
Supreme Court upholds pre-arrest bail of actor-producer Vijay Babu in sexual assault case; certain bail conditions modified
Supreme Court: In a significant case, the Division Bench of Indira Banerjee and J.K. Maheshwari, JJ., upheld pre-arrest bail of actor-producer Vijay
Kerala High Court grants anticipatory bail to cine artist & producer Vijay Babu in a rape case
Kerala High Court: In a high-profile rape case that ignited controversy in the cine industry, Bechu Kurian Thomas, J., granted anticipatory bail
Chh HC | Art. 14 of the Constitution does not envisage negative equality; Grant of study leave to employees under probation, cannot be a ground for claiming negative parity in the teeth of R. 42 (5) of Chhattisgarh Civil Services (Leave) Rules, 2010
Chhattisgarh High Court: A Division Bench of Arup Kumar Goswami CJ. and Rajendra Chandra Singh Samant J. dismissed the appeal and remarked