Constitutional Law

A collection of 251 posts

Constitutional Law

Arshnoor Kaur vs Union of India 2025 INSC 954 -S.12 Army Act - Male Reservation

Note Sign in to read our notes on this judgment. Register @ citecase.in to subscribe ! Read Judgment Army Act 1950 - Section 12 - Once the Service Headquarters decides to induct women officers in a particular branch or corp by way of a Notification under Section 12 of the Army

Constitutional Law

XXX vs Union of India 2025 INSC 943 - CJI - In-house Procedure - Judges (Protection) Act

"It is fallacious to argue that the PROCEDURE is a parallel and extra-constitutional mechanism for removal of a Judge.."

Judicial Service

Tosh Kumar Sharma v. High Court of Judicature at Allahabad 2025 INSC 921 - Uttar Pradesh Higher Judicial Service Rules - Art. 235 Constitution

Uttar Pradesh Higher Judicial Service Rules, 1975 - Rule 8(2) - Rule 8(2) of the Rules does not apply to the situation confronting the High Court upon the rejection of one candidature by the Hon’ble Governor/State Government from out of the communicated list- it accounts for

Rights of Persons with Disabilities Act

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

Family Law

Neethu B. @ Neethu Baby Mathew vs. Rajesh Kumar 2025 INSC 853 - Child Custody Orders

Child Custody - Custody orders are always considered interlocutory orders and by the nature of such proceedings, custody orders cannot be made rigid and final. Rather, the Courts are entitled to alter and mould the custody orders in view of the best interest of the minor. The core and inalienable

Public Employment Recruitment

Mandeep Singh vs State of Punjab 2025 INSC 834- Public Employment - Adoption By Incorporation - Art. 14 Constitution

Public Employment -Supreme Court quashed the entire recruitment of Assistant Professors and Librarians in Government Degree Colleges in the State and directed the State to initiate the recruitment process as per the 2018 UGC Regulations which are now in force in the State of Punjab and observed: These posts were

Constitutional Law

K. Purushottam Reddy vs. Union of India 2025 INSC 894 - Delimitation Notification - Andhra Pradesh - Art.170 Constitution

Constitution of India - Article 170- Legality of Notification Nos. SO No. 1015(E) dated 06.03.2020 (2020 Notification) - The exclusion of the States of Andhra Pradesh and Telangana from the purview of the delimitation process under the Impugned Notifications does not suffer from the vice of arbitrariness

Criminal

Satauram Mandavi vs. State of Chhattisgarh 2025 INSC 892 - Art. 20(1) Constitution -Bar Against Retrospective Harsher Penalty Imposition

Constitution of India - Article 20(1) - The Constitutional bar against retrospective imposition of a harsher penalty under Article 20(1) is clear and absolute. [Context: SC observed: The Trial Court, in applying the enhanced sentence introduced by the 2019 Amendment to Section 6 of the POCSO Act, has

Constitutional Law

Sukdeb Saha vs. State of Andhra Pradesh 2025 INSC 893 - Right To Mental Health - Guidelines Issued To Educational Institutions

Constitution of India - Article 21 - Mental health is an integral component of the right to life under Article 21 of the Constitution of India- The right to life does not mean mere animal existence, but a life of dignity, autonomy, and well-being. Mental health is central to this

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.

Criminal

Khursheed Ahmad Chohan vs Union Of Territory Of Jammu And Kashmir 2025 INSC 876 - Custodial Violence - FIR - CBI Investigation

Khursheed Ahmad Chohan vs Union Of Territory Of Jammu And Kashmir 2025 INSC 876 - Custodial Violence - FIR - CBI Investigation Khursheed Ahmad Chohan vs Union Of Territory Of Jammu And Kashmir 2025 INSC 876 - Custodial Violence - FIR - CBI Investigation .pdf433 KBdownload-circle Constitution of India -

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

Ram Charan Vs Sukhram 2025 INSC 865 - Tribal Woman - Right To Inheritance

Ram Charan Vs Sukhram 2025 INSC 865 - Tribal Woman - Right To InheritanceRam Charan Vs Sukhram 2025 INSC 865 - Tribal Woman - Right To Inheritance.pdf169 KBdownload-circle note We make notes on all Supreme Court judgments for our subscribers’ community consisting of judges, lawyers and students of law

Constitutional Law

L. Muruganantham Vs State Of Tamil Nadu 2025 INSC 844 - Prisoners With Disability - Rights - Directions Issued

L. Muruganantham Vs State Of Tamil Nadu 2025 INSC 844 - Prisoners With Disability - Rights - Directions IssuedSource: SCI.gov.inL. Muruganantham Vs State Of Tamil Nadu 2025 INSC 844 - Prisoners With Disability - Rights - Directions Issued.pdf354 KBdownload-circle NOTE We make notes on all Supreme Court

Criminal

Kum. Shubha @ Shubhashankar vs State Of Karnataka 2025 INSC 830 - S.65B Evidence Act - Art.161 Constitution

note: We do not think it is proper to hide the judgment itself from you. However, you must sign in or subscribe to read the notes we have made on this judgment. Click Here To Read Judgment 💡Law of Evidence * Indian Evidence Act 1872 - Section 65B - The compliance

Criminal

Brijesh Singh vs State Of U.P - Dowry Death Acquittal Upheld

Constitution of India - Article 136 - Criminal Appeal - Interference in an appeal against acquittal should be made only if the view taken by the Court/s below is perverse or if no two views are possible and the only logical conclusion from the evidence is to record the

Criminal

Lal Mohd. vs State Of U.P. 2025 INSC 811 - UP Gangsters Act

Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986 - Section 2(b) - A group of persons may be said to constitute a gang only when they, either singly or collectively, indulge in any of the anti-social activities enumerated in Clauses (i) to (xv) of Section 2(b), by

Criminal

Amlesh Kumar vs State Of Bihar 2025 INSC 810 - Accused’s Right To Voluntarily Undergo Narco Analysis Test

💡Does an accused have a right to voluntarily undergo a narco- analysis test ? Criminal Trial - The accused has a right to voluntarily undergo a narco- analysis test at an appropriate stage. We deem it appropriate to add, that the appropriate stage for such a test to be conducted is

Constitutional Law

Harinagar Sugar Mills Ltd. (Biscuit Division) vs State Of Maharashtra 2025 INSC 801 - S.25-O Industrial Disputes Act - Right To Shut Down A Business

Constitution of India - Article 19- Article 19(1)(g) includes the right to shut down a business but is, of course, subject to reasonable restrictions. (Para 7) Freedom of trade, profession, occupation and business -All citizens of the country have freedom to choose a location of their choice and

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