unconstitutional

bulldozer action
Case BriefsSupreme Court

“For an average citizen, the construction of a house is often the culmination of years of hard work, dreams, and aspirations. A house is not just a property but embodies the collective hopes of a family or individuals for stability, security, and a future. Having a house or a roof over one’s head gives satisfaction to any person. If this is to be taken away, then the authority must be satisfied that this is the only option available.”

Chhattisgarh High Court
Case BriefsHigh Courts

Considering the Rule 4(1)(d)(i) of the Chhattisgarh Ayush Graduate Course Admission Rules, 2023 is ultra vires, the Court directed the State Government to issue necessary instructions with respect to admission in Bachelor of Ayurvedic Medicine and Surgery course in unaided minority institution.

Madras High Court
Case BriefsHigh Courts

“Amendment to the TNPP Act, `1975 in the year 2010, bringing within its realm the Waqf properties, would be a dead letter, inoperative and non-est. Any action taken by the Estate Officer in respect of the Waqf property, resorting to the TNPP Act, 1975, would be coram non judice, non est and void.”

Personal Guarantors in IBC
Case BriefsSupreme Court

“The principle aims of IBC are to promote investment, and resolution of insolvencies of corporate persons, firms, and individuals in a time bound manner. The IBC consolidated and amended a web of laws which had led to an ineffective and inefficient mechanism for resolution of insolvencies marked with significant delay”

rich tapestry of constitutional jurisprudence
Case BriefsSupreme Court

The alleged non-compliance with statutory and Election Commission mandated regulations, and their legal effect, cannot be examined through a summary proceeding under Order VII Rule 11, CPC, or even under Order XII Rule 6, CPC.

telangana high court
Case BriefsHigh Courts

“Constitutional morality impacts upon any law which deprives the LGBT individuals of their entitlement to a full and equal citizenship. LGBT individuals living under threats of conformity grounded in cultural morality have been denied basic human existence. Constitutional morality does not permit such discrimination and must supersede cultural morality.”

wholesale reservation
Case BriefsSupreme Court

Supreme Court said that the State Government may examine the data of last few years, to come to a realistic finding as to what should be the extent of these reservations. A wholesale reservation is not serving any purpose, rather it frustrates the very purpose of the reservation

Madras High Court
Case BriefsHigh Courts

Madras High Court said that Rule 55-A is delegated legislation which cannot go beyond the scope of the Parent Act viz., the Registration Act as well the Transfer of Property Act which is the substantive law governing the transfer of immovable properties. Hence, it is held that the first proviso is clearly ultra vires and unconstitutional.

Delhi High Court
Case BriefsHigh Courts

The Delhi High Court dismissed a Public Interest Litigation (PIL) challenging the Government’s notification which allowed the Sikh travellers to carry a Kirpan on their person while on domestic flights. The Court further held that the notification was issued after due deliberations and the issue raised was entirely a matter of policy decision.