2023 SCC Vol. 6 Part 2
Power of Indian Courts to modify an Arbitral Award: This article submits that the courts ought to have power to modify the
Constitution of India
4 months’ illegal detention by police; Jharkhand High Court directs State to pay compensation of Rs 5 lakhs
Jharkhand High Court commented that the State Police’s lackadaisical attitude to arrest anyone and put him in custody made the petitioner suffer humiliation, who was having a bright career and completed SSC exam.
Explained | Supreme Court’s verdict on constitutionality of Section 327(7) of Companies Act vis-à-vis preferential payment of dues to workers after liquidation
The Supreme Court said that it cannot adopt a doctrinaire approach. Some sacrifices have to be always made for the greater good, and unless such sacrifices are prima facie apparent and ex facie harsh and unequitable as to classify as manifestly arbitrary, these would not be interfered with by the court. Thus, no priority can be given to workers’ dues after liquidation of the company under the IBC.
Circumscribing Non Obstante Clauses: Tracing the New Jurisprudence
by Tarun Jain†
Cite as: 2023 SCC OnLine Blog Exp 52
Gauhati HC answers whether extraordinary jurisdiction under Art 226 of the Constitution can be invoked for trivial causes
‘It is unfortunate to notice that a trend has been set to file applications under Article 226 of the Constitution at the drop of hat. Numerous cases has been filled with imaginary and very trivial causes of action. The court is of the opinion that such trend should be nipped in the bud and filling of writ petition of this nature has to be discouraged.’
Mandatory Minimum Sentence for a Child in Conflict with Law: Contrary to the Spirit of Juvenile Justice
by Maharukh Adenwalla* and Gayatri Virmani**
2023 SCC Vol. 5 Part 1
Constitution of India — Arts. 15(6) and 16(6) — Economic Disabilities or Economic Backwardness Criterion: Economic disabilities or economic backwardness, held (per
The Precedential Value of the Split Verdict in Rathi Steels
by Dormaan Jamshid Dalal†
Probing the Purpose Behind a Courtroom Practice
by Shubham Priyadarshi*
‘Petition appears to seek Court’s seal on second relation’; Punjab and Haryana High Court refuses Police Protection for Muslim Marriage
“Person who does not do equity with others and even to the life companion, cannot approach the Court to seek approval of his relation under the umbrella of Article 21 of the Constitution of India.”
2023 SCC Vol. 4 Part 5
Civil Procedure Code, 1908 — Or. 9 R. 13 r/w S. 17 of the Provincial Small Cause Courts Act, 1887 — Ex
2023 SCC Vol. 4 Part 4
Constitution of India — Art. 226 — Maintainability of writ petition: A writ under Art. 226 against a private educational institute would
Establishment and Constitution of Supreme Court under Article 124 of the Constitution
The makers of the Constitution of India advocated for Separation of Power and demarcated the limits, roles and functions of every organ
50 years of the unprecedented case of Kesavananda Bharati v. State of Kerala and the ‘Doctrine of Basic Structure’
Here is snippet on the evolution of ‘Doctrine of Basic Structure' in the Independent India and how the biggest legal battle continued between the Judiciary and the Legislature, as the landmark case of Kesavananda Bharati v State of Kerela (1973) 4 SCC 225 enters its Golden Jubilee year.
2023 SCC Vol. 4 Part 1
Constitution of India — Arts. 19(1)(a) & (2) and Pt. III, Preamble & Art. 51-A — Right to freedom of speech and
Karnataka High Court slams the State authorities for delaying the reconstruction of a village school demolished to widen the Mysore Highway
Coming down furiously over the respondents Karnataka High Court reprimanded them for indulging in red-tapism and being apathetic to the educational needs of the children.
Justice BR Gavai releases VD Mahajan’s Constitutional Law of India revised by Dr. Sanjay Jain
Eastern Book Company organized the book launch of VD Mahajan’s Constitutional Law of India revised by Sanjay Jain which was released by Supreme Court’s Justice BR Gavai in the presence of Professor Upendra Baxi, Professor MP Singh, Senior Advocate KV Viswanathan and Senior Advocate Gopal Sankaranarayanan and other legal luminaries.
Explained| The momentous Same Sex Marriage matter before the Supreme Court Constitution Bench
Petitioner contended that they were entitled to the Fundamental Right to marry which was entrenched in the Constitution which includes the choice of a marital partner. Neither the State nor Society could intrude into the domain of individual right to pursue a way of life which were central to their identity and autonomy.