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Showing posts with the label India Law

Supreme Court Seeks Comprehensive Tribunal Framework

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Introduction The Supreme Court of India has directed the Union Government to place before it, within four weeks, a comprehensive and uniform proposal on the functioning of tribunals across the country. The Court emphasised that tribunals, as specialised quasi-judicial bodies, cannot be allowed to become dysfunctional or defunct due to administrative or legislative lapses. This directive follows a series of constitutional challenges and judicial interventions concerning the tribunal system and its independence.

Supreme Court to Examine UGC’s 2026 Equity Regulations: Legal Gaps, Constitutional Concerns and the Future of Anti-Discrimination Framework in Higher Education

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Introduction The Supreme Court’s decision to list for hearing a plea challenging the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026 has reopened a critical debate on how caste-based discrimination is defined, addressed, and remedied in Indian higher education institutions (HEIs). The challenge, filed in Rahul Dewan and Ors. v. Union of India , raises fundamental constitutional questions: Can anti-discrimination regulations selectively protect certain caste groups while excluding others? And can regulatory dilution be justified in the name of administrative flexibility? Background of the Supreme Court Proceedings While agreeing to list the matter, the Chief Justice of India observed that defects in the petition must be cured before formal listing. The petitioner’s core grievance is that the 2026 Regulations create a narrow and exclusionary framework for caste-based discrimination by limiting its scope primarily to Scheduled Cast...

Supreme Court to Examine Scope of Citizenship Law for India-Born Children of Foreign Nationals

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Background of the Case The Supreme Court of India has agreed to examine a significant question concerning the interpretation of India’s citizenship law: whether children born in India to foreign nationals can be granted citizenship through a liberal interpretation of statutory provisions , particularly where denial would result in statelessness. The issue arose from a petition filed by Rachita Francis Xavier , an 18-year-old woman born and raised in Andhra Pradesh , whose parents were United States citizens at the time of her birth but were Overseas Citizens of India (OCI) cardholders residing lawfully in India. A Bench comprising Justice JB Pardiwala and Justice KV Viswanathan issued notice to the Union Government on January 8 , and the matter is listed for further hearing on January 30 . Factual Matrix Rachita Francis Xavier was born in 2006 in Andhra Pradesh. Her parents were originally Indian citizens but later acquired US citizenship —her father in 2001 and her mother in 2005...

Supreme Court: Insolvency Cannot Be Used to Deny Citizens Dignified Housing

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The Supreme Court has delivered a significant judgment affirming that the Insolvency and Bankruptcy Code (IBC), 2016 cannot be misused as a shield by defaulting developers to obstruct redevelopment projects. The ruling underscores that insolvency protection cannot supersede the constitutional right of residents to live in safe and habitable conditions. Background of the Dispute: Redevelopment of Kher Nagar Sukhsadan Society The case arose from the redevelopment of the Kher Nagar Sukhsadan Co-operative Housing Society in Bandra (East), Mumbai. The society had entered into a redevelopment agreement with AA Estates Private Limited in 2005, followed by a supplementary agreement in 2014. Despite more than a decade passing, no substantial redevelopment work had commenced. In 2017, the Municipal Corporation of Greater Mumbai (MCGM) issued notices declaring the structure unsafe for habitation, forcing residents to continue living in hazardous conditions. After continued delay, the society...

High Court Rules: Mere Presence in a Dance Bar Is Not a Crime

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The Bombay High Court has delivered an important ruling that clearly defines the limits of criminal liability under the Maharashtra Obscene Dance Act and the Indian Penal Code. The Court held that simply being present at a dance bar does not automatically make a customer a criminal offender. This judgment significantly reinforces legal safeguards against arbitrary arrests and wrongful criminal prosecution in cases involving dance bar raids. Background of the Case During a police raid conducted on the night of May 4–5, 2024, at Surabhi Palace Bar and Restaurant in Chembur, Mumbai, a total of 11 individuals were detained. These included the bar manager, orchestra artists, women dancers, and multiple customers. The police filed charges alleging that women were performing obscene dances in violation of the Maharashtra Prohibition of Obscene Dance Act, 2016. A customer was also booked under: Section 188 of the Indian Penal Code (IPC) – Disobedience of public order Provisions of ...

Anjali Birla Files Defamation Suit in Delhi High Court Over Alleged False Claims on Social Media

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Anjali Birla Files Defamation Suit in Delhi High Court Over Alleged False Claims on Social Media Anjali Birla, an Indian Railway Personnel Service (IRPS) officer and daughter of Lok Sabha Speaker Om Birla, has filed a defamation suit in the Delhi High Court. The suit aims to remove defamatory social media posts alleging that she cleared the Union Public Service Commission (UPSC) exams on her first attempt due to her father's influence. False Allegations and Defamation Claims In her legal filing, Anjali Birla asserts that several social media posts are disseminating misleading and false information about her, which she claims are defamatory. The posts allegedly suggest that her successful clearing of the UPSC exams was influenced by her father’s political standing, rather than merit. Anjali contends that these allegations are not only baseless but are also intended to unlawfully tarnish her reputation and professional standing. Court Proceedings Justice Navin Chawla of the Delhi Hig...