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Legislation

A collection of 8 posts

Ritu Garg & Ors. v. Board of Governors (BoG) 2025 INSC 1285 - Legislation - Removing Basis Of Judgment

Legislation -Though the legislature has no power to sit over the judgment of a Court or usurp judicial power, but, subject to the competence to make law, it has the power to remove the basis which led to the Court’s decision (Para 32) - If a judgment of a

Surrogacy (Regulation) Act

Arun Muthuvel ,Vijaya Kumari S vs Union of India 2025 INSC 1209 - Surrogacy (Regulation) Act

Surrogacy (Regulation) Act, 2021- Section 4(iii)(c)(I) -For intending couples who undertook surrogacy procedures prior to the Act, age-related considerations were entirely their prerogative and as explained earlier, an exercise of their rights under Article 21 of the Constitution (Para 13.9)- If an intending couple had

Kesari Nandan Mobile vs Enforcement Division 2025 INSC 983 - S.83 CGST Act - Second Provisional Attachment Orders

Whether the CGST Act or any other law in force permits issuance of a second provisional attachment order under sub-section (1) of Section 83 of the CGST Act ?

Contempt Of Court

Nandini Sundar vs State Of Chattisgarh - Contempt Of Court - Legislation

💡Can a law made by the Parliament or a State legislature be held to be an act of Contempt of Court if it violates Court Order? Contempt of Court - Legislation -The promulgation simpliciter of an enactment is only an expression of the legislative function and cannot be said to

Education Matters

State of Kerala vs Principal, KMCT Medical College 2025 INSC 518 - Kerala Medical Education -Corpus Fund

Kerala Medical Education (Regulation and Control of Admission to Private Medical Educational Institutions) Act, 2017 - Kerala HC judgment quashing Government Order (MS) No. 107/2018/H&FWD dated 06.06.2018 upheld - If the State seeks to establish a corpus fund or any other such mechanism to

State Of Kerala vs Moushmi Ann Jacob 2025 INSC 255 - Kerala Conservation of Paddy Land and Wetland Act - Reclamation - Fee

Kerala Conservation of Paddy Land and Wetland Act, 2008 - Interpretation of Government Notification exempting the payment of fee upon reclamation of land originally reflected in the records of the State as ‘paddy land

Constitutional Law

Vivek Kumar Gaurav vs Union Of India - Writ Jurisdiction - Legislation - BNS

Constitution of India - Article 32,226- In writ jurisdiction, neither the High Court nor Supreme Court can direct the legislature to enact a law in a particular manner. [Context: In this case, the petitioner pointed out that, as per BNSS provision complainant/victim would not be entitled to appear

Constitutional Law

S.R.S. Travels vs Karnataka State Road Transport Corporation Workers 2025 INSC 152 - Motor Vehicles Act - Repeal Of KCCA Act - Delegation - Legislation - Repeal

Karnataka Motor Vehicles Taxation and Certain Other Law (Amendment) Act, 2003- Section 3- Section 3 which repeals the KCCA Act, is constitutional - The rationale underlying the 2003 Repeal Act is sound and consistent with the principles of legislative power. The arguments advanced that the repeal would amount to an