Tag: Constitutional Law

Supreme Court Strikes Down Kerala’s Preventive Detention Order: A Win for Personal Liberty
18Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Strikes Down Kerala’s Preventive Detention Order: A Win for Personal Liberty

The Supreme Court of India, in Dhanyam v. State of Kerala & Ors., set aside a preventive detention order, emphasizing that such extraordinary power must be used sparingly and only in situations affecting "public order," not merely "law and order". The Court reiterated that if a detenu is on bail and allegedly violating conditions, the State should seek bail cancellation rather than resorting to preventive detention. Facts Of The Case: The appeal originated from a High Court of Kerala judgment dated September 4, 2024, which affirmed a preventive detention order issued on June 20, 2024, by the District Magistrate, Palakkad. The detenu, Rajesh, the appellant's husband, runs a registered lending firm named 'Rithika Finance'. The detention order, issued under Section 3(1) of the Kerala ...
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Supreme Court Upholds Right to Shut Business, Orders ₹15 Crore Compensation for Workers
14Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Right to Shut Business, Orders ₹15 Crore Compensation for Workers

This judgment primarily interprets Section 25-O of the Industrial Disputes Act, 1947, regarding deemed closure. The Court examined if an application for closure was complete and if the State's communication constituted a valid refusal within the statutory 60-day period for deemed permission. It also considered the "appropriate Government's" role and Article 19(1)(g) (freedom of trade) implications. Facts Of The Case: The case originated from an application by Harinagar Sugar Mills Ltd. (Biscuit Division) seeking permission to close its undertaking, as required under Section 25-O of the Industrial Disputes Act, 1947. The company sought closure due to various reasons, including financial viability issues. The central dispute revolved around whether the State of Maharashtra, as the appropri...
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Supreme Court Protects Victim’s Rights: No Jail for Accused in POCSO Case
12Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Protects Victim’s Rights: No Jail for Accused in POCSO Case

The Supreme Court overturned a High Court ruling, reinstating convictions under the POCSO Act and IPC, emphasizing that Section 482 CrPC cannot quash serious offenses even with victim settlement. The Court underscored the State's constitutional duty under Article 21 and the JJ Act to protect and rehabilitate POCSO victims and their children. Facts Of The Case: The case involves a criminal appeal by the State of West Bengal against a Calcutta High Court judgment from October 18, 2023. The High Court had set aside the conviction of an accused person under Section 6 of the POCSO Act and Sections 363 and 366 of the Indian Penal Code (IPC). The Supreme Court, in a judgment dated August 20, 2024, set aside the High Court's impugned judgment and restored the Special Court's verdict of convictio...
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Big Relief for Mothers: Supreme Court Backs Woman’s Right to Benefit After Remarriage
11Jun By The Legal ChamberNo Comments
Supreme Court

Big Relief for Mothers: Supreme Court Backs Woman’s Right to Benefit After Remarriage

The Supreme Court ruled that K. Umadevi is entitled to maternity leave under FR 101(a), setting aside the High Court Division Bench's decision. The Court emphasized a purposive and liberal interpretation of maternity benefit provisions, aligning with reproductive rights under Article 21 of the Constitution and international conventions, irrespective of prior children not in the mother's custody or born from a previous marriage. Facts Of The Case: K. Umadevi, the appellant, married A. Suresh in 2006, having two children from this wedlock in 2007 and 2011. Their marriage was dissolved in 2017, and the children remained in the custody of her former husband. In December 2012, she joined government service as an English Teacher in Tamil Nadu. On September 12, 2018, the appellant remarried M...
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Grounds for Arrest: The Supreme Court’s Latest Verdict on Constitutional Safeguards
11Jun By The Legal ChamberNo Comments
Supreme Court

Grounds for Arrest: The Supreme Court’s Latest Verdict on Constitutional Safeguards

The Supreme Court addressed the legality of arrest and compliance with constitutional mandates under Article 22, specifically concerning the prompt furnishing of grounds for arrest. The judgment deliberated on the application of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Prevention of Corruption Act, affirming adherence to due process in arrest procedures. Facts Of The Case: This appeal originated from a writ petition filed before the High Court of Andhra Pradesh, seeking a writ of habeas corpus on the grounds of alleged illegal arrest and unlawful detention of Kessireddy Raja Shekhar Reddy, the appellant's son. He was arrested by the CID in connection with offenses purportedly committed under the Indian Penal Code and the Prevention of Corruption Act. The core contention in t...
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Supreme Court Split Verdict: When Can Schools Be Held Accountable Under Article 226?
6Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Split Verdict: When Can Schools Be Held Accountable Under Article 226?

The Supreme Court examined whether Air Force Schools qualify as a "State" under Article 12 or an "authority" amenable to writ jurisdiction under Article 226 of the Constitution. The majority held that despite partial government control and funding, the schools lacked pervasive state dominance, relegating disputes to private contract law. However, the dissenting opinion emphasized their public function, deep administrative control by the Indian Air Force, and indirect public funding, making them subject to writ jurisdiction. The split verdict clarifies the distinction between regulatory control and pervasive state authority in educational institutions Facts Of The Case: The case involved two civil appeals before the Supreme Court concerning the Air Force School, Bamrauli, Allahabad. In Ci...
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Ex-MLA’s Plea Rejected: Supreme Court Rules Against Fraud Claims in Rs. 2426 Crore Irrigation Scheme
5Jun By The Legal ChamberNo Comments
Supreme Court

Ex-MLA’s Plea Rejected: Supreme Court Rules Against Fraud Claims in Rs. 2426 Crore Irrigation Scheme

The Supreme Court dismissed the Special Leave Petition challenging the High Court's rejection of a PIL alleging fraudulent revision of costs in the Palamuru-Ranga Reddy Lift Irrigation Scheme. The Court held that factual adjudication cannot be pursued under Article 226 and upheld the High Court's discretion in refusing a CBI probe, citing prior findings by the Central Vigilance Commission and constructive res judicata. The ruling reaffirmed judicial restraint in interfering with discretionary orders absent jurisdictional errors. Facts Of The Case: The petitioner, Nagam Janardhan Reddy, a former MLA and Minister in Andhra Pradesh, filed a Public Interest Litigation (PIL) before the High Court of Telangana and Andhra Pradesh, alleging fraudulent revision of cost estimates for the Palamuru-...
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Supreme Court Upholds Teacher’s Dismissal Over Fake Transfer Order – Natural Justice Principles Explained
4Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Teacher’s Dismissal Over Fake Transfer Order – Natural Justice Principles Explained

The Supreme Court held that natural justice violations must cause actual prejudice to invalidate disciplinary proceedings. Technical non-compliance with procedural rules doesn't automatically vitiate departmental action. Courts assess whether different outcomes would emerge if procedures were followed. Preponderance of probability standard applies in disciplinary cases, not criminal proof standards. Facts Of The Case: S. Janaki Iyer was appointed as a Hindi trained graduate teacher at Kendriya Vidyalaya Sanghathan, Bangalore on probation from January 11, 1989, and became permanent from April 16, 1992. Since her husband worked in Mumbai, she sought transfer from Bangalore to Mumbai or Pune. A transfer order dated October 1, 1991, allegedly signed by VK Jain, Assistant Commissioner (Headqu...
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Supreme Court Upholds Strict Environmental Laws: Prior Clearance Must for Projects, No Retrospective Approvals
26May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Strict Environmental Laws: Prior Clearance Must for Projects, No Retrospective Approvals

The Supreme Court ruled that ex post facto environmental clearances (ECs) violate environmental jurisprudence and are alien to the Environment (Protection) Act, 1986, and the EIA Notification, 2006. Stressing the precautionary principle and Article 21 (right to a pollution-free environment), the Court struck down the 2017 notification and 2021 OM permitting retrospective ECs, holding them arbitrary and illegal. It reiterated that prior EC is mandatory, and no regularization of violations is permissible, aligning with its earlier judgments in Common Cause and Alembic Pharmaceuticals. The Court barred future exemptions but spared already granted ECs. Facts Of The Case: The case involved multiple writ petitions and a civil appeal challenging the legality of the 2017 notification and 2021 ...
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Who Pays for Poor Students?:Supreme Court Stops Kerala’s Extra Fee on NRI Medical Students
25May By The Legal ChamberNo Comments
Supreme Court

Who Pays for Poor Students?:Supreme Court Stops Kerala’s Extra Fee on NRI Medical Students

The Supreme Court held that the Kerala government's directive to create a corpus fund from NRI student fees lacked legislative backing, violating the principle that fees cannot be levied without statutory authority. It ruled that unaided institutions retain autonomy over fee structures, subject only to anti-profiteering regulations, and emphasized that welfare measures must be enacted through proper legislation. The Court allowed colleges to retain collected funds but mandated their use for subsidizing economically weaker students. Facts Of The Case: The case arose from a dispute over the Kerala government's directive requiring self-financing medical colleges to contribute a portion of fees collected from Non-Resident Indian (NRI) students towards a corpus fund. This fund aimed to subs...
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