News Muncher - category judicial review

2 days, 19 hours ago

It is for historians to dig for tell-tale remains, not bigots

Normally, digging at historic sites is done by an archaeologist and historians in search of a lost civilisation or an ancient city or some signs of mythological events. It declares that the religious character of a place of worship existing on the 15th day of August 1947, shall continue to be the same as it existed on that day. The …

Religion India Religious Places Court Judicial Review Character

5 days, 6 hours ago

Inaction Not Mere Lethargy But 'Culpable Refusal' To Act Resulting In Actionable Wrong: Telangana HC Adjudges Contractual Dispute U/ Article 226

Live Law

Directing the Indian Oil Corporation Ltd to vacate the premises of certain persons for continuing to occupy it despite expiry of the lease, the Telangana High Court pulled up the public sector undertaking for "quietly continuing to squat on the petitioners' land" without having any right is an overt act requiring the court's interference under Article 226. In doing so …

Action Constitution Court Rights Judicial Review Lease Writ

5 days, 10 hours ago

75 Years Of The Constitution And The Court: A Fascinating Journey

Live Law

This year marks the 75th year of our Constitution which was finally approved by the Constituent Assembly and adopted with all fervour and enthusiasm on November 26, 1949. The limitations imposed by constitutional law on the actions of government are essential for the preservation of public and private rights, notwithstanding even the representative character of political institutions. But in countries …

Law India Human Rights Justice Supreme Court Constitutional Law Constitution

1 week, 5 days ago

Rajasthan HC Rejects Pleas Challenging Answer Key For Dental Medical Officers' Exam Due To Lack Of Palpable And Demonstrable Error

Live Law

" Therefore, it is abundantly made clear that a disputed question-answer shall only be treated as palpably and demonstrably wrong, if it is shown that in order to catch hold of the said error and/or notice the fallaciousness crept therein, one ought not to apply a process of reasoning. The Jaipur bench of the Rajasthan High Court rejected a bunch …

Court Judicial Review Process Ors Key Answer Objections

3 weeks, 6 days ago

Art. 311(2)(c) | Governor's Sanction To Delinquent's Dismissal Sans Inquiry Not Based On 'Subjective Satisfaction', Manipur HC Upheld Reinstatement

Live Law

Recently, the Manipur High Court upheld the reinstatement of the Sub-Inspector of Police who was dismissed from the service because of his alleged links with the banned organization the People's Liberation Army/Revolutionary People's Front. Affirming the Single Bench decision, the bench led by Chief Justice Siddharth Mridul and comprising Justices Ahanthem Bimol Singh and Golmei Gaiphulshillu Kabui objected to the …

Constitution Court Inquiry Judicial Review State Manipur Governor

4 weeks ago

Awarding Marks Is Selection Committee's Exclusive Domain, Court Can't Sit In Appeal Over Expert Committee's Assessment: Tripura HC Reiterates

Live Law

The Tripura High Court recently declined to intervene in a selection process where the applicant claimed arbitrariness in the awarding of marks, emphasizing that judicial review in expert assessments is limited unless there is clear evidence of bias, malfeasance, or statutory violations. The bench comprising Justice Arindam Lodh observed that awarding of marks is an exclusive domain of. The bench …

Court Selection Judicial Review Marks Petitioner Exclusive Domain Expert Committees

1 month ago

Telangana High Court Asks Assembly Speaker To Decide Disqualification Pleas Against MLAs Who Defected From BRS 'Within Reasonable Time'

Live Law

The Telangana High Court on Friday set aside a September order of the single judge which had directed the Secretary of the legislative Assembly to place the disqualification pleas pending against MLAs–who defected from Bharat Rashtra Samithi –before the Assembly Speaker to fix a schedule of hearing within four weeks.In doing so the high court said that Speaker of. The …

Supreme Court High Court Assembly Constitution Disqualification Petitions Judicial Review

Political Insularity Is Critical To Independence Of Judiciary : Justice BV Nagarathna

Live Law

Justice BV Nagarathna, Judge of the Supreme Court, in a recent public lecture, spoke about the importance of political insularity in ensuring judicial independence. "Political insularity is critical to the independence of the judiciary," she said while delivering the Justice Natarajan Centenary Memorial Lecture at Chennai on November 16. Justice Nagarathna defined judicial independence as the degree to which a …

Law Justice Judiciary Independence Constitution Judges Power

Political Insularity Is Critical To Independence Of Judiciary : Justice BV Nagarathna

Live Law

Justice BV Nagarathna, Judge of the Supreme Court, in a recent public lecture, spoke about the importance of political insularity in ensuring judicial independence. "Political insularity is critical to the independence of the judiciary," she said while delivering the Justice Natarajan Centenary Memorial Lecture at Chennai on November 16. Justice Nagarathna defined judicial independence as the degree to which a …

Law Justice Judiciary Independence Constitution Political Judges

1 month ago

Court Cannot Examine Correctness Of Policy Decision Which Is Supported By Sufficient Material And Complies With Article 14: Patna High Court

Live Law

The Patna High Court has reiterated that once it is found that there exists sufficient material supporting a particular policy decision and it falls within the scope of Article 14 of the Constitution, the power of judicial review does not extend to determine the correctness of that policy decision or finding out an alternative. However, once it is found that …

India Policy Court Judicial Review Counselling Round Seat

3 months ago

Will the Supreme Court Revive the Dangerous Fringe Election Theory It Just Rejected?

Slate

From troubling election denialism to rampant misinformation about voter fraud, there are already multiple respects in which this year’s presidential election feels like 2020 déjà vu. Moore noted that because the elections clause’s specification of state legislatures is “a deliberate choice that Court must respect,” SCOTUS has an obligation to ensure that state courts do not evade the U.S. Constitution. …

Elections Supreme Court Court Election Courts Judicial Review Judicial

3 months, 2 weeks ago

High Court Chief Justice Cannot Individually Reconsider Judges' Appointment, Must Be Collectively Done By Collegium : Supreme Court

Live Law

While directing the Himachal Pradesh High Court Collegium to reconsider the elevation of two District Judges, the Supreme Court held that the Chief Justice of a High Court cannot individually reconsider a recommendation.The Court reiterated that the decision has to be taken collectively by the Collegium after deliberations. While directing the Himachal Pradesh High Court Collegium to reconsider the elevation …

Justice Supreme Court High Court Chief Justice Judicial Review Collegium Process

3 months, 2 weeks ago

Delhi High Court Upholds Dismissal Of Govt Employee For 20-Month Absence From Duty, Making "Scandalous" Allegations Against Employer

Live Law

Observing that this was not a case of a "State using a sledgehammer to crack a nut", the Delhi High Court upheld the dismissal of an Income tax official, on grounds of "misconduct" for a 20-month absence from "duty" without permission and for making "false and scandalous allegations" against his employer. The bench said that even if there were "no …

Media Delhi Court Dismissal Punishment Judicial Review Misconduct

4 months, 2 weeks ago

What Neil Gorsuch Got Most Wrong in His Recent Publicity Tour

Slate

Justice Neil Gorsuch is out with a new book this week, titled Over Ruled: The Human Toll of Too Much Law. Among other things, he told the Wall Street Journal that James Madison has gotten “short shrift” amid the “Hamilton” theatrical phenomenon and that “whenever the Founders needed something important done, they turned to Madison—any important writing.” He added that …

Constitution Congress Constitutional Judicial Review Wisdom Washington President

4 months, 2 weeks ago

Delimitation Commission's Orders Aren't Immune From Judicial Review : Supreme Court

Live Law

The Supreme Court held that nothing precludes the constitutional courts from checking the validity of orders passed by the Delimitation Commission on the touchstone of the Constitution if an order is found to be manifestly arbitrary and irreconcilable to constitutional values.“Therefore, while the Courts shall always be guided by the settled principles regarding scope, ambit and limitations. Rejecting the High …

Exercise Supreme Court Constitution Court Constitutional Courts Judicial Review

6 months, 1 week ago

Complete Supreme Court Quarterly Digest 2024- [January To March]

Live Law

Abuse of Process of Law Special Leave Petitions - Several matters, wherein the special leave petitions are filed either against the order seeking adjournment or the order issuing notices or grant/refusal of interim protections. Darshan Singh v. State of Punjab, 2024 LiveLaw 13 : AIR 2024 SC 627 : 3 SCC 164 Section 319 – Discretionary powers of High Court …

India Karnataka Delhi Supreme Court High Court Board Bihar

7 months, 2 weeks ago

A chance to settle a constitutional clash

The Hindu

Two questions of seminal importance are at stake in Property Owners Association vs State of Maharashtra, in which hearings recently concluded before a nine-judge Bench of the Supreme Court of India. Second, are laws made in furtherance of the goal stipulated in Article 39 — that is, legislation aimed at securing ownership of resources and distributing them to best subserve …

Law Constitution Court Rights Fundamental Rights Judicial Review Articles

7 months, 2 weeks ago

Is the West Bengal Governor immune from criminal prosecution amid sexual harassment allegations? | Explained

The Hindu

The story so far: The Supreme Court on July 19 has agreed to examine the contours of Article 361 of the Constitution which grants “blanket immunity” to governors from any criminal prosecution. The ruling party — the Trinamool Congress— has also called the incident “appalling and unthinkable.” Constitutional privilege Article 361 of the Constitution stipulates that the President, the Governor …

India Constitution Court Criminal Office Judicial Review State

8 months, 1 week ago

Allahabad High Court Monthly Digest: March 2024 [Citations 128 - 200]

Live Law

ORDERS/JUDGMENTS OF THE MONTH Lifting Corporate Veil, Allahabad HC Orders ED Probe Against Directors Of Hacienda Project, Three C Universal For Defrauding Lotus 300 Flat Buyers Case Title: Nirmal Singh vs. State Of U.P. Therefore, where the corporate character is employed for the purpose of committing illegality or for defrauding others, the Court would ignore the corporate character and will …

India High Court Court Uttar Pradesh Citation Compassionate Appointment Indian

8 months, 3 weeks ago

[RPSC RAS Prelims] Court Can't Determine Correctness Of Answer Key On Its Own, Scope Of Judicial Review Miniscule Only After Obtaining Expert Opinion: Rajasthan HC

Live Law

The Rajasthan High Court has recently refused to quash the final answer key uploaded by the Rajasthan Public Service Commission in the RAS Preliminary Exam by reasoning that the power of judicial review can be exercised only in 'exceptional circumstances', i.e., only when it is found that the answer keys are shown to be 'palpably and demonstrably erroneous'. The court, …

Court Judicial Review Key Answer Rpsc

8 months, 3 weeks ago

Allahabad High Court Weekly Roundup: March 18 – March 24, 2024

Live Law

NOMINAL INDEX M/S Samsung India Electronics Private Limited vs. State Of U.P. SSB Recruitment | Judicial Review Of Medical Board's Opinion Limited, Doesn't Involve Recognition Of Candidate's Right To Undergo Operation: Allahabad HC Case Title: Rajesh Kumar And Another vs. Union Of India And 3 Others 2024 LiveLaw 173 Case Citation: 2024 LiveLaw 173 The Allahabad High Court has held …

India Justice Court Citation Compassionate Appointment Medical Examination Judicial Review

9 months, 1 week ago

Legally Speaking | Can the fundamental principles of the Constitution be altered?

Hindustan Times

On March 9, 2024, Anantkumar Hegde, Bharatiya Janata Party member of Parliament from Uttara Kannada in Karnataka, said that there is a specific reason why the BJP is aiming for more than 400 seats in the 2024 general elections. A check on Constitutional amendment by judicial review The Indian Constitution adopted the judicial review which entrusts the Supreme Court with …

Structure Constitution Court Constitutional Fundamental Rights Power Judicial Review

9 months, 2 weeks ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [February 25 to 29]

Live Law

Abuse of Process of Law Special Leave Petitions - Several matters, wherein the special leave petitions are filed either against the order seeking adjournment or the order issuing notices or grant/refusal of interim protections. High Court Bar Association Allahabad v. State of Uttar Pradesh, 2024 LiveLaw 177 Contract Act, 1872 Contract Act, 1872; Section 182 - Distributor, not agent: independent …

Food India Tamil Nadu Supreme Court High Court Constitution Court

10 months, 3 weeks ago

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [January 1 to 7]

Live Law

Adverse Possession Tenants cannot claim adverse possession against their landlords since their possession is permissive in nature. 2024 LiveLaw 3 Contempt of Courts Act, 1971 - The power of the High Courts to initiate contempt proceedings cannot be used to obstruct parties or their counsel from availing legal remedies. 2024 LiveLaw 3 Contempt of Courts Act, 1971; Section 14 - …

India Constitution High Courts Evidence Criminal Procedure Judicial Review 2024

Filters

Articles for Judicial Review

It is for historians to dig for tell-tale remains, not bigots

Inaction Not Mere Lethargy But 'Culpable Refusal' To Act Resulting In Actionable Wrong: Telangana HC Adjudges Contractual Dispute U/ Article 226

75 Years Of The Constitution And The Court: A Fascinating Journey

Rajasthan HC Rejects Pleas Challenging Answer Key For Dental Medical Officers' Exam Due To Lack Of Palpable And Demonstrable Error

Art. 311(2)(c) | Governor's Sanction To Delinquent's Dismissal Sans Inquiry Not Based On 'Subjective Satisfaction', Manipur HC Upheld Reinstatement

Awarding Marks Is Selection Committee's Exclusive Domain, Court Can't Sit In Appeal Over Expert Committee's Assessment: Tripura HC Reiterates

Telangana High Court Asks Assembly Speaker To Decide Disqualification Pleas Against MLAs Who Defected From BRS 'Within Reasonable Time'

Political Insularity Is Critical To Independence Of Judiciary : Justice BV Nagarathna

Political Insularity Is Critical To Independence Of Judiciary : Justice BV Nagarathna

Court Cannot Examine Correctness Of Policy Decision Which Is Supported By Sufficient Material And Complies With Article 14: Patna High Court

Will the Supreme Court Revive the Dangerous Fringe Election Theory It Just Rejected?

High Court Chief Justice Cannot Individually Reconsider Judges' Appointment, Must Be Collectively Done By Collegium : Supreme Court

Delhi High Court Upholds Dismissal Of Govt Employee For 20-Month Absence From Duty, Making "Scandalous" Allegations Against Employer

What Neil Gorsuch Got Most Wrong in His Recent Publicity Tour

Delimitation Commission's Orders Aren't Immune From Judicial Review : Supreme Court

Complete Supreme Court Quarterly Digest 2024- [January To March]

A chance to settle a constitutional clash

Is the West Bengal Governor immune from criminal prosecution amid sexual harassment allegations? | Explained

Allahabad High Court Monthly Digest: March 2024 [Citations 128 - 200]

[RPSC RAS Prelims] Court Can't Determine Correctness Of Answer Key On Its Own, Scope Of Judicial Review Miniscule Only After Obtaining Expert Opinion: Rajasthan HC

Allahabad High Court Weekly Roundup: March 18 – March 24, 2024

Legally Speaking | Can the fundamental principles of the Constitution be altered?

Supreme Court Weekly Digest With Subject /Statute Wise Index [February 25 to 29]

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [January 1 to 7]