Article 226 Constitution - CaseCiter (Page 2)

Joseph vs Telangana State Road Transport Corporation 2025 INSC 920- Service Law - Disability Of Employee

Rights of Persons with Disabilities Act, 2016- When a disability is acquired in the course of service, the legal framework must respond not with exclusion but with adjustment. The duty of a public employer is not merely to discharge functionaries, but to preserve human potential where it continues to exist.

Constitutional Law

Padi Kaushik Reddy v. State of Telangana 2025 INSC 912 - Speaker - Disqualification Plea

Constitution of India - Tenth Schedule and Article 136, 226,227 - The Speaker, while acting as an adjudicating authority in Paragraph 6(1) of the Tenth Schedule to the Constitution, acts as a Tribunal amenable to the jurisdiction of the High Court under Articles 226 and 227 of the

Constitutional Law

Umri Pooph Pratappur (UPP) Tollways Pvt. Ltd. vs. M.P. Road Development Corporation 2025 INSC 907 - Right To Safe, Well-Maintained - Motorable Roads - Writ Petitions

Constitution of India- Article 19,21- The right to access any part of the country, with certain exceptions and restrictions under certain circumstances, is a fundamental right guaranteed under Article 19(1)(g) of the Constitution, and the right to safe, well-maintained, and motorable roads is recognised as a part

SARFAESI Act

PNB Housing Finance Limited vs. Manoj Saha 2025 INSC 847 - Writ Petitions- SARFAESI Matters - Tenants

Constitution of India - Article 226,227 - SARFAESI Act - Any person claiming to be lessees/tenants in respect of secured assets to approach the DRT against measures under section 13(4) of SARFAESI, including taking possession of the secured asset. Tribunal is empowered to declare such measures invalid

Doctrine of Merger

Vishnu Vardhan @ Vishnu Pradhan vs State Of Uttar Pradesh 2025 INSC 884 - Exceptions To Doctrine Of Merger- Writ Jurisdiction - Fraud

Legal Maxims and Doctrines - Doctrine of Merger - When an appeal is limited to a specific part of the judgment and order of the first-instance court, the merger occurs only to that extent, leaving the rest intact and available for future consideration. The extent of merger is determined by

Service Law

United Bank Of India vs Swapan Kumar Mullick 2025 INSC 881 - Service Law - Resignation & Voluntary Retirement - Art. 226 Constitution - Policy Matters

Service Law- “Resignation” and “voluntary retirement”- A public servant, who is in permanent employment, is entitled to continue in service till his retirement on superannuation. However, any such employee may sever his relationship with his employer prior to the date of superannuation by any of the two modes, i.

Constitutional Law

State Of Himachal Pradesh vs JSW Hydro Energy Limited 2025 INSC 857 - Electricity Act - Writ Petition

State Of Himachal Pradesh vs JSW Hydro Energy Limited 2025 INSC 857 - Electricity Act - Writ PetitionState Of Himachal Pradesh vs JSW Hydro Energy Limited 2025 INSC 857 - Electricity Act - Writ Petition.pdf393 KBdownload-circle note We make notes on all Supreme Court judgments for our subscribers’ community

Constitutional Law

Nagam Janardhan Reddy vs State Of Telangana 2025 INSC 798 - Writ Jurisdiction - Factual Adjudication

Constitution of India - Article 226 - While upholding dismissal of writ petition by HC, SC observed : We find that those are aspects which would call for determination of facts or in other words, a factual adjudication which cannot be done in a writ petition filed under Article 226 of

Constitutional Law

Kamla Nehru Memorial Trust vs U.P. State Industrial Development Corporation Limited 2025 INSC 791 - Legal Notice - Land Allotment - Public Trust Doctrine

❓What are the essential elements of a legal notice? Legal Notice - The essential elements of a legal notice would include: a. It should contain a clear and concise set of facts which convey the information leading to the relevant circumstances. This element is also fulfilled when reference is made

Pension

Reserve Bank Of India vs M.T. Mani 2025 INSC 769 - Pension - Cut Off Date Fixation - Financial Constraints

Pension - Cut off date fixation - Financial constraints can constitute a valid and non-arbitrary basis for fixing a cut-off date for extending pensionary benefits or pay revisions. It emphasized that economic considerations are germane to governmental policy decisions, and distinguishing between retirees based on such a date does not

Constitutional Law

Old Jalukai Village Council vs Kakiho Village 2025 INSC 766 - Judicial Review Of Cabinet Decisions

Constitution of India - Article 32,226 - Cabinet Decisions- When the State has taken a policy decision or through its Cabinet has arrived at a certain conclusion, in their wisdom, after exhaustively considering all the relevant factors and recommendations, it would not be appropriate for courts to interfere or

Human Rights Act

Arif Md. Yeasin Jwadder vs State of Assam 2025 INSC 785 - Fake Encounters

Fake encounters - Fake encounters are extra-judicial killings and must be subject to strict legal scrutiny- Referred to (Para 13)the use of excessive or unlawful force by public authorities, irrespective of the nature of the offence or the antecedents of the victim, cannot be condoned or legitimised on any

Constitutional Law

Dileep Kumar Pandey vs Union Of India 2025 INSC 749 - Air Force School Not A State

Constitution of India- Article 12,226 -HC held held that Air Force Schools at Bamrauli is not a state within the meaning of Article 12, and as a result, a writ petition under Article 226 could not be entertained - Dismissing appeal, SC observed: It is not shown how the

Constitutional Law

Siddhi Sandeep Ladda vs Consortium Of National Law Universities 2025 INSC 714 - CLAT Exams

Constitution of India - Article 226 - In academic matters, the Courts are generally reluctant to interfere, inasmuch as they do not possess the requisite expertise for the same. However, when the academicians themselves act in a manner that adversely affects the career aspirations of lakhs of students, the Court

Constitutional Law

Vishal Tiwari vs Union Of India 2025 INSC 647 - Judiciary - Contempt -Judicial Review - Hate Speech

Constitution of India - Article 32,226 - Each branch of the State in a democracy, be it the legislature, executive or the judiciary, especially in a constitutional democracy, acts within the framework of the Constitution. It is the Constitution that is higher than all of us. It is the

Constitutional Law

Shyam Nandan Mehta vs Santosh Kumar 2025 INSC 586 - Writ Petition -Illegal Appointment - Incorrect Information

Constitution of India - Article 226 - Supreme Court set aside HC judgment which declared the appointment of a candidate illegal and observed: It is for the recruiting agency to take action against any candidate if incorrect information is supplied. The same cannot be made a foundation for allowing the

Constitutional Law

Principal Chief Conservator of Forest vs Suresh Mathew 2025 INSC 569 - Tender - Judicial Review

Constitution of India - Article 226 - Tender matters - Government is the protector of financial resources of the state and thus, it has every right to cancel and call for fresh tender if it is in the nature of protecting the financial interests of the State- Scope of judicial

Service Law

Chief Executive Officer vs S. Lalitha 2025 INSC 565 - Administrative Tribunals Act - CAT- Limitations

Administrative Tribunals Act 1985 - Section 19,20 - If the relevant service rules do not provide for making of a representation against final orders, by reason of absence of such a provision, the remedy of the aggrieved applicant-public servant would lie directly before the CAT in challenging the order/

Disciplinary Proceedings

Durga Prasad vs Govt. Of Nct Of Delhi 2025 INSC 548 - Disciplinary Proceedings

Disciplinary Proceedings - In the event of disagreement, Disciplinary authority has to give brief reasons for his disagreement with inquiry officer and provide an opportunity to the employee to respond to such disagreement note before forming its own opinion with regard to imposition of punishment on the delinquent. (Para 18)

Constitutional Law

Neha Chandrakant Shroff & vs State Of Maharashtra 2025 INSC 484 - Writ Jurisdiction - Alternative Remedy

Constitution of India - Article 226 - The rule of exclusion of writ jurisdiction by availability of an alternative remedy is a rule of discretion and not one of compulsion. There can be many contingencies in which the High Court may be justified in exercising its writ jurisdiction inspite of

Constitutional Law

Bihar Rajya Dafadar Chaukidar Panchayat (Magadh Division) vs State Of Bihar - Subordinate Legislation - Unconstitutionality - Public Employment

Constitution of India - Article 32,226 - Subordinate Legislation - A writ court, when it finds its conscience to be pricked in a rare and very exceptional case by the patent unconstitutionality of a subordinate legislation connected with the issue it is seized of, may, upon grant of full

Public Appointments

State Of West Bengal VS Baishakhi Bhattacharyya (Chatterjee) 2025 INSC 437 - Public Employment - Selection Process - Fraud

Public Employment - Selection Process - When an in-depth factual inquiry reveals systemic irregularities, such as malaise or fraud, that undermine the integrity of the entire selection process, the result should be cancelled in its entirety. However, if and when possible, segregation of tainted and untainted candidates should be done

Article 226 Constitution

General Manager Business Network Planning (Retail) Bharat Petroleum Corporation Limited vs P. Soundary 2025 INSC 426 - Writ Jurisdiction - Contractual Matters - Public Trust - Petroleum

Constitution of India - Article 12,226 - In writ jurisdiction, when parties to the dispute involve an organization deemed to be an instrumentality under Article 12 of the Constitution, there exists a responsibility of the State to act in a fair, reasonable manner and free from arbitrariness. The Court

Miscellaneous

Secretary, All India Shri Shivaji Memorial Society (AISSMS) vs State Of Maharashtra 2025 INSC 422 - Judicial Review - Academic Matters

Constitution of India- Article 226 - Judicial Review - Normally, courts should not interfere with the decisions taken by expert statutory bodies regarding academic matter: may it relate to qualification for admission of students or qualification required by teachers for appointment, salary, promotion, entitlement to a higher pay scale etc.

Constitutional Law

State Of Jharkhand vs Rukma Kesh Mishra 2025 INSC 412 - Art.311,226 Constitution - Disciplinary Proceedings - Precedents - Stare Decisis

Constitution of India - Article 311(1) - If one looks at Article 311(1), the sole safeguard that it provides to any member, inter alia, of a civil service of a State or the holder of a civil post under the State is that he shall not be dismissed