The Curative Petition in the Supreme Court of India: Innovation, Jurisprudence, and Practice

Curative Petition in the Supreme Court of India under Order XLVIII – Law, Procedure and Landmark Cases including Rupa Ashok Hurra and DMRC

1. Introduction The concept of the curative petition is among the most remarkable judicial innovations in the constitutional history of India. It represents the Supreme Court’s answer to a deeply vexing question: what remedy, if any, lies against a final judgment of the highest court of the land, after even the power of review has … Read more

Review Petition in the Supreme Court of India: Article 137, Order XLVII, Grounds, Procedure & Landmark Cases

Review Petition in the Supreme Court of India under Article 137 and Order XLVII of the Supreme Court Rules

A comprehensive guide to Review Petitions in the Supreme Court of India under Article 137 and Order XLVII of the Supreme Court Rules, 2013. Explore constitutional foundations, grounds for review in civil and criminal matters, landmark cases such as Kamlesh Verma, Mohd. Arif, and Lily Thomas, procedural nuances, and practical drafting strategy for Advocates-on-Record and Litigants.

Delhi Development Authority & Writ Petition Remedy Against its Actions

writ against Delhi Development Authority

Introduction Delhi Development Authority (hereinafter DDA) is controlled by the Ministry of Urban Development. The DDA was established in 1957 by an Act of Parliament to promote and secure a planned spatial development of Delhi. Its mandate is primarily to acquire land for the development of new areas and to hand over the same to … Read more

A woman’s right to reproductive choice is a facet of Fundamental Rights

Article 21 and a woman’s right to reproductive choice A woman’s right to reproductive choice is an inseparable part of her personal liberty under Article 21 of the Constitution of India. She has a sacrosanct right to bodily integrity. In Suchita Srivastava v Chandigarh Administration [3 (2009) 9 SCC ], Supreme Court recognized that a … Read more

How to challenge taxing statutes? When is exaction a tax, charge, or fee?

Introduction A legislative enactment which provides for the imposition of a tax may make provisions for: The levy of the tax on the basis of a taxable event; The measure of the tax; The rate at which the tax will be imposed; The incidence of the tax; and Assessment, collection, recovery and other incidental provisions. … Read more

A Decree passed against a minor without the proper appointment of a guardian is nullity ipso facto

On 16.07.2021 In SPECIAL LEAVE PETITION (C) NO.2492 OF 2021 K.P.  NATARAJAN  & ANR.  VERSUS MUTHALAMMAL & ORS. while dismissing the SLP the Hon’ble Court held that: 1.High Court can Exercise its wider powers under Article 227  while sitting in civil revision to prevent miscarriage of justice. Powers of the High Court under Article 227 are in addition to and wider than the powers under Section 115 of the Code. ● 2.Non-appointment of guardian of minor by civil court and then deciding matter ex-parte is against Order XXXII … Read more

Writ of Mandamus, when does the High Court issue it?

prashant kanha advocate

WRIT OF MANDAMUS: WHEN TO APPROACH HIGH COURTS The Constitution of India under Articles 32 and 226 gives power to the Supreme Court and High Courts respectively to issue writs in cases of breach of Fundamental Rights of any citizen by the State. Such writs prevent arbitrariness and unchecked use of power. According to the … Read more

Judicial Review by High Court

Judicial Review is the power of the judiciary to interpret the constitution and its values and to maintain a check on the legislature and executive if they act in abrogation of the rights of people, guaranteed under the constitution. The judiciary has the power to declare such law or order void if it contravenes the … Read more

Arbitration Law- Landmark cases of 2019- 2020

Arbitration proceedings

Arbitration Act, 1996- Landmark cases of 2019- 2020 Hindustan Construction Company Limited & Anr. Vs. Union of India & Ors.( Writ Petition (Civil) No. 1074 of 2019) Decided on 27.11.2019 A three member bench of the Hon’ble Supreme Court comprising of Hon’ble Mr. Justice R.F. Nariman, Hon’ble Mr. Justice Surya Kant and Hon’ble Mr. Justice … Read more

The right to form an Association is conditioned by recognition by the Government

Constitution   Bench of   Supreme Court of India   in  Smt. Damyanti   Naranga   Vs.   The   Union   of   India   and   Ors.  (1971) 1 SCC 678 , which had approved the exposition in G.K. Ghose and Anr. Vs. E.X. Joseph (1963) Supp. 3 SCR 789 had held that … Read more

The second appeal shall be heard ONLY on the substantial question(s) of law framed by the High Court under Section 100 (4) of the CPC.

The High Court admitted the second appeal on six questions but did not answer any of them on merits and instead went into discussion on all other issues, which were not the subject matter of the six questions framed and allowed the second appeal as if it was deciding the first appeal.

India’s Electric Vehicle/ Mobility Policies & it’s Future: A Brief

The initiation of Electric vehicles in India was made by the Government in the year 2013 by the introduction of the National Electric Mobility Mission Plan (NEMMP) 2020. On February 28, 2019, FAME-II was cleared by the Union Cabinet with the total outlay of Rs. 10,000 (ten thousand) crores. The article discusses is a brief introduction on the policy concerning the electric vehicles in India.