Category: Allied Laws

Archive for the ‘Allied Laws’ Category


Kudrat Sandhu v.UOI ( 2020) 6 SCC 251 Kudrat Sandhu v.UOI ( 2020) 6 SCC 254

Tribunal -Courts , Tribunal and Judiciary – Appointment and selection – Clarification of order dt 9-2 2018 in Kudrat Sandhu (2018) 4 SCC 346, pars 1 and 2 .

Madras Bar Association v .UOI ( 2020) 6 SCC 247

Appellate Tribunals and Other Authorities ( Conditions of Service ) Bill , 2014 .

Tribunal -Courts , Tribunal and Judiciary – Appointments in certain Tribunals requiring immediate attention .

Rojer Mathew v . South Indian Bank Ltd , Referred by its Chief Manager and Ors ( 2020) 6 SCC 1

Finance , Act , 2017

S. 184 : Merger of Tribunals and other Authorities and Conditions of Service of Chairpersons , Members etc – Excessive delegation – Whether Unconstitutional- Courts , Tribunals and Judiciary -Appointment process -Independence of Judiciary [ S.183 , Constitution of India , Art . 124, 214, 216, 226, 323-A ,323-B ]

UOI v. M.V.Mohan Nair ( 2020) 5 SCC 421

Constitution of India.

Art 141 : Law declared by the Supreme Court shall be binding on all courts with in territory of India – Binding precedent -A decision , unaccompanied by reasons can never be said to be a law declared by the Supreme Court , though it will bind the parties inter se in drawing the curtain on the litigation .

Shah Faesal (Dr.) v. UOI ( 2020) 4 SCC 727 ( 5-Judge Bench )

Interpretation – Doctrine of precedents and stare decisis -Binding precedent .

Zahedabi Abdul Razaque Shete and Ors v. Maharashtra State Board of Waqf Pan Chakki Aurangabad AIR 2020 Bom 100

Interpretation- Precedent – Doctrine of merger- Non -Speaking order of Supreme Court refusing to special leave to appeal – Doctrine of merger would not apply . [ Constitution of India , Art . 141 ]

R. Muthukrishnan v. Registrar General High Court of Judicature at Madras ( 20190 16 SCC 407

Advocates Act , 1961

S: 34 : Power of High Courts to make rules- Punishment of Advocates for misconduct – Independent Bar and Independent Bench form the backbone of the democracy – The Legal profession cannot be equated with any other traditional professions -It is not commercial in nature and is noble one considering the nature of duties to be performed and its impact on society – The role of a lawyer is indispensable in the system of delivery of justice – He is bound by the professional ethics and to maintain the high standard . [ S. 9, 33, 34 ,35, 37 , Constitution of India , Art , 32, 226, Madras High Court Rules , 1970 Rules, 14A, 14B, 14C , 14D ]

Nareshbhai Bhagubhai & Ors v UOI ( 2019) 15 SCC 1

Railways Act , 1989
S. 20D: Hearing of objections -Opportunity of being heard – Substantive right – Natural Justice -Audi Alteram Partem – Not mere formality – Until the order is communicated to the person affected by it , it cannot be regarded as anything more than being provisional in character [ Constitution of India , Art, 14, 19 , 300A Land Acquisition Act , 1894, S. 5A ]

Suo Motu Contempt Petition In .Re . Prashant Bhushan and Another AIR 2020 SC 4074

Contempt of Courts Act , ( 70 of 1971 )
S. 12 : Punishment for contempt of Court – Advocate – Deliberately using haste / scandalous speech against Supreme Court and entire judicial system – Guilty of criminal contempt of Supreme Court [ Constitution of India , Art. 19 (1) , 129 ]

Dhiraj Manoharro Chore v. State of Maharashtra AIR 2020 Bom 65 (FB)

Interpretation of taxing statutes –Precedent – Special leave Petition dismissed in limine- Doctrine of merger is not applicable . [ Constitution ion of India , Art , 141, Maharashtra Employees of private Schools ( Conditions of Service ) Regulation Act , S. 4(1) 16(2) (a) ]