Search Results for "Article 32"

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Supreme Court

Challenging Minimum Qualifying Marks in Judicial Appointments: Upholding Constitutional Integrity Exploring the Constitutionality of Viva Voce Criteria in Bihar and Gujarat District Judiciary Selection Processes

6 May 2024

The constitutionality of rules prescribing minimum qualifying marks in the viva voce test for appointments to the District Judiciary in Bihar and Guja...

Supreme Court

Supreme Court Refers Matter to Larger Bench on Automatic Vacation of Stay Orders Under Article 142 of the Constitution. The Court expressed reservations about directions in Asian Resurfacing that interim stay orders automatically lapse after six months, holding that such automatic vacation without judicial application of mind could cause miscarriage of justice.

29 Feb 2024

The Supreme Court, in a judgment authored by Justice Abhay S. Oka, addressed the correctness of directions issued in Asian Resurfacing of Road Agency ...

Supreme Court

Supreme Court Allows Review Petition and Directs Fresh Consideration for Permanent Commission in Indian Navy Case. The Court held that the petitioner, a Short Service Commissioned Officer recruited in 2007, was entitled to consideration under the Policy Letter dated 25 February 1999 and Regulation 203 of Naval Regulations, 1963, and quashed the Armed Forces Tribunal's direction to consider her with later batches as contrary to binding Supreme Court directions.

26 Feb 2024

The dispute arose from a review petition filed by a Short Service Commissioned Officer in the Judge Advocate Generals' Branch of the Indian Navy, comm...

Supreme Court

Supreme Court Quashes Election Result and Declares Appellant Mayor in Municipal Election Due to Presiding Officer's Malpractices. The Court held that the High Court erred in not granting interim relief and the presiding officer's actions in invalidating votes vitiated the election under the Punjab Municipal Corporation Act, 1976.

20 Feb 2024

The dispute arose from an election for the post of Mayor of the Chandigarh Municipal Corporation held on 30 January 2024. The appellant, Kuldeep Kumar...

Supreme Court

Supreme Court Declines to Direct Implementation of Community Kitchens Scheme in Food Security Petition. Court Upholds Existing Legal Framework Under National Food Security Act, 2013, Citing Limited Judicial Review in Policy Matters and Comprehensive Rights-Based Approach Already in Place.

1 Feb 2024

The petitioners, claiming to be social activists, filed a writ petition under Article 32 of the Constitution seeking directions against States and Uni...

Supreme Court

Supreme Court Dismisses Petitions in Securities Market Investigation Case, Upholding SEBI's Regulatory Authority. The Court rejected pleas for transfer of investigation to SIT and revocation of SEBI regulatory amendments, finding no apparent regulatory failure and emphasizing limited judicial review over SEBI's domain under the Securities and Exchange Board of India Act, 1992.

3 Jan 2024

The Supreme Court of India adjudicated a batch of writ petitions filed under Article 32 of the Constitution in February 2023, concerning allegations o...

Supreme Court

Supreme Court Allows Writ Petition for Default Bail in Corruption Case Involving Piecemeal Chargesheets. Court Holds That Right to Default Bail Under Section 167(2) CrPC Accrues Upon Expiry of Statutory Period If Investigation Incomplete, and Piecemeal Filing of Chargesheets Cannot Extinguish This Right, with Remand Under Section 309 CrPC Not Permissible Beyond Stipulated Time During Pending Investigation.

26 Apr 2023

The writ petition was filed under Article 32 of the Constitution of India by the petitioner seeking release of her husband on default bail, raising is...

Supreme Court

Supreme Court Upholds Mandatory E-filing in Debt Recovery Tribunals with Safeguards for Digital Divide. The amendment to the Electronic Filing Rules under the Recovery of Debts and Bankruptcy Act, 1993 was held valid due to gradual implementation and stakeholder training, but the court directed measures like e-sewa kendras and grievance redressal to address access issues.

29 Mar 2023

The proceedings under Article 32 of the Constitution were instituted to challenge the amendment to Rule 3 of the Debt Recovery Tribunals (DRTs) and De...

Supreme Court

Supreme Court Dismisses Application Seeking Clarification on Wildlife Protection Advisory - Upholds Amnesty Scheme and Immunity from Prosecution. Court held that Advisory dated 11.06.2020 remains valid as amnesty scheme under Wild Life (Protection) Act, 1972, and declarants are immune from prosecution under Amendment Act due to constitutional prohibition on retroactive criminal legislation under Article 20(1).

27 Mar 2023

The Supreme Court of India dismissed a miscellaneous application seeking clarification of its earlier order dated 08.08.2022 regarding the Wildlife (P...

Supreme Court

Supreme Court Dismisses Application for Juvenile Status Determination in Death Penalty Case Due to Inconsistent Evidence and Procedural Delays. Applicant Failed to Prove Juvenility Under Section 9(2) of Juvenile Justice (Care and Protection of Children) Act, 2015, with Discrepancies in Name and Age Documents and Belated Claim After Conviction Confirmation.

27 Mar 2023

The case involved an application under Section 9(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015, filed by a convict sentenced ...

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