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Showing posts with the label Judicial Review

Supreme Court’s Refusal to Examine ‘Industry’ Definition Under the Industrial Relations Code, 2020: Revisiting the Legacy of Bangalore Water Supply

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I. Introduction A nine-judge Constitution Bench of the Supreme Court of India , led by Chief Justice of India Surya Kant , has clarified that it will not examine the definition of “industry” under the Industrial Relations Code, 2020 while reviewing the correctness of the landmark 1978 judgment in Bangalore Water Supply v A Rajappa . Instead, the Court has confined its inquiry to determining whether the interpretation of “industry” under the earlier statutory regime—specifically the Industrial Disputes Act, 1947—was correctly decided in 1978. II. Background: The 1978 Bangalore Water Supply Judgment The decision in Bangalore Water Supply v. A. Rajappa (1978) remains one of the most significant rulings in Indian labour law. The Court interpreted Section 2(j) of the Industrial Disputes Act, 1947 expansively and introduced a “triple test” to determine what constitutes an “industry”: Systematic activity Cooperation between employer and employee Production or distribution of goods and se...

Supreme Court Quashes FIR Against Former Zee Rajasthan Head; Slams “Shoot First” Policing by Rajasthan Police

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I. Introduction The Supreme Court of India recently delivered strong observations while quashing an FIR registered by the Rajasthan Police against Ashish Dave, former regional head of Zee Rajasthan. The Court criticised the state police for acting like “James Bond” and adopting a “shoot first, ask questions later” approach. The bench of Justices Vikram Nath and Sandeep Mehta termed the FIR “as bogus an FIR as it can get” and held that allowing such a complaint to survive would send a disturbing message about unequal access to justice. The ruling revisits fundamental questions about the legality of FIR registration, the limits of criminal law, and judicial safeguards against abuse of process. II. Factual Background In September 2023, an FIR was registered at Ashok Nagar Police Station, Jaipur, based on a complaint filed by Zee Media Corporation Limited through its representative Sanju Raju. The complaint alleged that Ashish Dave misused his position as regional head to: Demand money fro...

Didi vs ECI?

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Mamata Banerjee’s Supreme Court Challenge to Electoral Roll Revision Explained West Bengal Chief Minister Mamata Banerjee is set to create constitutional history by potentially becoming the first sitting Chief Minister to personally argue her own case before the Supreme Court of India . Her petition challenges the Election Commission of India’s (ECI) Special Intensive Revision (SIR) of electoral rolls in West Bengal ahead of the 2026 Assembly elections , escalating an already intense institutional confrontation. At the heart of the dispute lies a fundamental constitutional question: Can electoral roll verification, in the name of purity of elections, risk mass disenfranchisement of genuine voters? Background: What Is the Special Intensive Revision (SIR)? The Special Intensive Revision (SIR) is an extraordinary electoral exercise undertaken by the ECI to comprehensively verify voter rolls, particularly focusing on: • Duplicate entries • Bogus voters • Ineligible inclusions • Discrepa...

HC Slams Maharashtra Government for “Gross Abuse of Power” in Borivali Slum Rehabilitation Case

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Introduction In a strong indictment of executive overreach, the Bombay High Court has stayed the Maharashtra Housing Department’s decision appointing a new developer for a long-stalled slum rehabilitation project in Borivali East , terming the move a “gross abuse of power” and a clear violation of binding judicial orders . The Court warned that such actions undermine the authority of constitutional courts and render judicial pronouncements meaningless. The ruling raises serious concerns about rule of law, administrative arbitrariness, and the erosion of housing rights of slum dwellers . Background of the Borivali Slum Rehabilitation Project The dispute relates to the redevelopment of slum land occupied by members of Haribar Krupa Co-operative Housing Society Ltd., Borivali East . Key facts include: • In 2003 , Yash Developers was appointed as the project developer through a development agreement dated 20 August 2003 • Despite nearly 18 years , the project failed to commence • The la...

Citizenship Question in Bihar SIR: Supreme Court Seeks Clarity from Election Commission

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Background of the Case The Supreme Court is currently examining a batch of petitions challenging the Election Commission of India’s (ECI) June 24 notification directing a Special Intensive Revision (SIR) of electoral rolls in Bihar. The petitions were filed in 2025 and raise serious constitutional and statutory questions concerning voter deletion, citizenship determination, and the scope of the Election Commission’s powers. The matter was heard by a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi , which sought to ascertain the true intent behind the SIR exercise. Supreme Court’s Core Question: Citizenship or Electoral Hygiene? During the hearing, the Supreme Court posed a pointed question to the ECI: “When you started this exercise, was citizenship in your mind or are you second-guessing it as a reason to begin this exercise?” The Court noted that the SIR notification primarily cited migration, urbanisation, and the need to update electoral entries as...

Supreme Court to Hear Plea Alleging Mass Rejection of Nominations in BMC Elections

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Background of the Dispute A significant constitutional challenge relating to the Brihanmumbai Municipal Corporation (BMC) elections has reached the Supreme Court of India , days before polling scheduled for January 15 . A Mumbai-based businessman, Mozam Ali Mir , has filed a Special Leave Petition (SLP) challenging the Bombay High Court’s dismissal of his Public Interest Litigation (PIL), which alleged mass, arbitrary, and unconstitutional rejection of nomination forms across Mumbai’s 227 electoral wards. The Supreme Court has listed the matter for urgent hearing on Tuesday , barely two days before the elections, underlining the gravity of the allegations and the potential impact on electoral democracy. The Petitioner and Nature of the Challenge Mir’s PIL, originally filed before the Bombay High Court on January 5 , raised concerns about the sanctity of free and fair municipal elections , claiming that returning officers systematically rejected nominations on hyper-technical and no...

HC Halts Confirmation of Property Attachment in OctaFX–Pavel Prozorov PMLA Case

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The Bombay High Court has granted interim relief to Russian national Pavel Aleksandrovich Prozorov , alleged mastermind of the OctaFX investment fraud, by restraining the adjudicating authority under the Prevention of Money Laundering Act, 2002 (PMLA) from confirming attachment of his properties until the next hearing. The matter will be heard again on January 19 . The order was passed by a Division Bench of Justice Revati Mohite Dere and Justice Sandesh Patil on December 22, in response to a writ petition moved through Prozorov’s power of attorney holder, Raviraja Kanyadi . Background of the Case: ED Probe and Alleged Forex Investment Scam Alleged Fraudulent Investment Scheme According to the Enforcement Directorate: • OctaFX allegedly lured investors with claims of – 2× returns in five months, and – 3× returns in eight months • The platform presented itself as a global forex trading service • It allegedly operated without RBI authorization • Investor funds were allegedly routed ove...

VENEZUELA CRISIS | SUPREME COURT DECLARES DELCY RODRÍGUEZ AS INTERIM PRESIDENT AMID MADURO’S DETENTION — LEGAL & CONSTITUTIONAL ANALYSIS

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The political crisis in Venezuela intensified after the Supreme Court’s Constitutional Chamber ordered that Vice President Delcy Rodríguez assume the role of Acting President following the detention of President Nicolás Maduro during a US-led military operation in Caracas. The Court framed this intervention as necessary to ensure “administrative continuity, state sovereignty and national defense.” This development raises significant constitutional, geopolitical, and governance questions — particularly regarding succession of executive authority , legality of forced absence, and legitimacy of interim power transfer. BACKGROUND OF THE CRISIS According to court summaries and media reporting: • Nicolás Maduro was detained during a US forces operation in Caracas • The Venezuelan Supreme Court invoked emergency continuity provisions • The Court declared that Delcy Rodríguez would act as interim head of state • It announced further deliberations on the legal governing framework • Rodríguez h...

Pending Criminal Trials Cannot Justify Indefinite Denial of Passport: Supreme Court Reaffirms Article 21

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Background of the Case The Supreme Court of India has delivered a significant ruling clarifying the scope of personal liberty under the Constitution, holding that pending criminal proceedings cannot be a ground for indefinitely denying the renewal of a passport . The judgment was delivered by a Bench comprising Justice Vikram Nath and Justice Augustine George Masih , allowing an appeal filed by Mahesh Kumar Agarwal , an accused in a National Investigation Agency (NIA) case related to alleged extortion and terror funding activities in Jharkhand’s coal mining belt. The Court set aside judgments of the Calcutta High Court , which had earlier upheld the refusal of passport renewal by the Regional Passport Office (RPO), Kolkata. Factual Matrix Mahesh Kumar Agarwal’s passport expired in August 2023 . At the time: He was facing trial in an NIA case pending before a Special Court in Ranchi. He was also convicted in a CBI coal block allocation case , though his sentence had been suspended by t...

Supreme Court Quashes Rajasthan Government Notification Creating New Revenue Villages

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Introduction In a significant ruling reinforcing the binding nature of executive policies , the Supreme Court of India has quashed a 2020 Rajasthan government notification creating new revenue villages in Barmer district, after finding that two villages were named after individuals , in direct violation of the State’s own policy. The Court held that such action was arbitrary and unconstitutional , offending Article 14 of the Constitution . Background of the Case The dispute arose from the Rajasthan government’s decision to create four new revenue villages — Nainoni Darziyon Ki Dhani Sagatsar Amargarh Hemnagar These villages were carved out of Meghwalon Ki Dhani , located within the revenue village of Sohda in Barmer district , pursuant to a proposal by the Gram Panchayat of Sohda . Acting under Section 16 of the Rajasthan Land Revenue Act, 1956 , the State issued a notification dated 31 December 2020 , formally declaring the new revenue villages. Administrative Process Prior to Notif...

High Court Grants Interim Bail to Couple Convicted of Killing Eight Family Members in 2001

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The Punjab and Haryana High Court has ordered the interim release of Sonia and her husband Sanjeev Kumar, who were convicted of killing eight members of Sonia’s family in August 2001. The court simultaneously directed the Haryana government to reconsider their premature release application within two months, strictly in accordance with the applicable remission policy. Background of the 2001 Hisar Mass Murder Case On the night of August 23, 2001, eight members of the Punia family were killed at their farmhouse on the outskirts of Hisar. The victims included: • Relu Ram Punia (50), former MLA of Barwala constituency • Krishna Devi (41) • A 14-year-old daughter • Sunil Kumar (23), son from first marriage • Daughter-in-law Shakuntala Devi (20) • A 4-year-old grandson • Two granddaughters, including a two-month-old infant According to the prosecution, Sonia and Sanjeev retrieved an iron rod from the garage after midnight and murdered the family members individually in separate ro...

Supreme Court on ECI’s Powers During Voter Roll Revision: Citizenship Determination vs. Electoral Integrity

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The Supreme Court’s latest observations during the petitions challenging the Special Intensive Revision (SIR) of electoral rolls in Bihar raise important constitutional and statutory questions. The core issue is whether the Election Commission of India (ECI) can inquire into "doubtful citizenship" while revising electoral rolls, without assuming the authority to declare someone a citizen or non-citizen. Issue 1: Court Clarifies ECI Is Not Claiming Power to Determine Citizenship The Supreme Court clarified that the ECI has not claimed any constitutional authority to decide citizenship. The bench noted: ECI’s question is not about declaring someone a citizen or non-citizen, but about whether it can conduct inquisitorial inquiries into doubtful entries during voter roll revision. The bench of CJI Surya Kant and Justice Joymalya Bagchi asked: If an electoral roll has doubtful inclusions, would it not fall within ECI’s constitutional mandate to investigate? This sets th...