Constitution of India

Principles clarified relating to applicability of fundamental principle while dealing with an objection as to lack of territorial jurisdiction to entertain writ petition on the ground that the cause of action has not arisen within its jurisdiction, namely, that High Court essentially has to arrive at a conclusion on the basis of the averments made […]

In this case, SLP against order of High Court after earlier SLP against same order was withdrawn without any liberty to file a fresh SLP, but with liberty to pursue remedy of review before the High Court. Second SLP was filed challenging dismissal of review as well as dismissal of appeal in High Court. Question

Right to use software would amount to “deemed sale” under Art. 366(29-A). Law relating to transfer of “right to use” and deemed sales, summarized. The sum and substance of the ratio of the case of BSNL (supra) as discernible is that the contract cannot be vivisected or split into two. Once a lumpsum has been

Writ petition maintainable on the ground that earlier judgment does not lay down the correct law-though the concept of finality of judgment has to be preserved, at the same time, the principle of ex debito justitiae cannot be given a go-bye. If the Court finds that the earlier judgment does not lay down a correct

Instant case was filed to direct the government to find out original names of ‘ancient historical cultural religious places’, named after barbaric foreign invaders and publish the initial names of ancient historical cultural religious places, which were renamed by barbaric foreign invaders. It was stated that the country is celebrating the 75th Anniversary of Independence

Victim has a fundamental right of fair investigation and fair trial. Therefore, mere filing of the chargesheet and framing of the charges cannot be an impediment in ordering further investigation / re-investigation / de novo investigation, if the facts so warrant. Suffice it to say that at the relevant time when the State police agency

Economic disabilities or economic backwardness, held (per majority), is a valid criterion for reservation or compensatory discrimination. Reservation structured singularly on economic criteria does not damage the basic structure of the Constitution. [Janhit Abhiyan v. Union of India (EWS Reservation), (2023) 5 SCC 1]

A Revisional Court while allowing the application filed under Or. 7 R. 11 CPC would in substance reject the plaint but since in such a case, the said decree is not passed by the court of original jurisdiction, namely, the trial court, the remedy by way of writ petition under Art. 227 of the Constitution

In this case, On October 3, 2021, eight people were killed after a vehicle belonging to and allegedly being driven by son of senior politician mowed down the protesting farmers, among others. There was incident of violence leading to multiple deaths and injuries involving son of senior politician/sitting Minister of the Union Government, which took

If action impugned before writ court has no nexus with public element, even though the private body in question may be discharging public function, held, writ jurisdiction cannot be invoked in such a case. Held, It must be consequently held that while a body may be discharging a public function or performing a public duty