CITATION – (2020) 5 SCC 481 FACTS In this case, three appeals were filed which arose from three applications filed by the respondent, Subhash Chandra Agarwal before the Central Public Information Officer (CPIO) of the Supreme Court of India Subhash Chandra Agarwal himself filed a Right to Information Application to CPIO of the Supreme Court of India to…
View detailsComparative analysis- India v. France The 21st century human is not bound by the contours of gender in terms of individuality and way of life. In today’s world men are not the sole bread earner and women are not limited to being house makers. However, such shift in workplace dynamics has resulted in a new…
View detailsJUDGES 1. Former Chief Justice of India Dipak Misra, 2. Justice Kurian Joseph, 3. Justice RF Nariman, 4. Justice SK Kaul and 5. Justice Indu Malhotra. ISSUES Whether the Nagraj Judgement needed reconsideration by a seven-judge bench? The second issue questioned whether the States had to collect quantifiable data to prove the backwardness and inadequacy of…
View detailsScope of the global trade restrictions Article XX (b) of GATT 1945 states that; “Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade, nothing in this Agreement…
View detailsFACTS 1. This case was a combined hearing by the Hon’ble Supreme Court. The constitutionality of Part XIV of the Finance Act, 2017, and of the rules framed in consonance of section 184 of the Finance Act was constitutionally challenged before the court. Part XIV of the Finance Act 2017 gave sweeping powers to the Union Government to…
View detailsCITATION – [2019] 3 SCR 535 Swiss Ribbons Pvt Ltd. vs Union of India deals with the constitutional validity of the various existing provisions in the Insolvency and Bankruptcy Code, 2016 (hereinafter IBC Code). The case has been finally decided by the Supreme Court on 25 January 2019. Since the enactment of the IBC Code, it is continuously…
View detailsThe extensive use of technology in today’s world creates certain mandates. Firstly, the safety of self-expression in cyber space. Secondly to ensure that the space is devoid of sexual advances towards any person. However, the laws dealing with these issues such as the Indian Penal Code, Protection of Children from Sexual Offences and Cyber Laws…
View detailsINTRODUCTION Individuals have the right under Article 32 of the Indian Constitution to petition the Supreme Court for justice if they believe their rights have been “unduly denied.” As the “protector and guarantee of Fundamental Rights,” the Supreme Court is granted the jurisdiction to make directions or instructions for the implementation of any of the…
View detailsThe courts have upheld that Doctrine of Substantive Legitimate Expectation (SLE) has to be “the sanction of law or custom or an established procedure followed in regular and natural sequence”.[1] Chintan Chandrachud calls this doctrine “illusionary” and claims that the doctrine has “evolved in a way that makes it almost impossible for a claim to succeed.” The courts may have called it a part of our law however, have shown immense resistance towards it and…
View detailsMARBURY .V. MADISON (1803). INTRODUCTION Marbury v. Madison, legitimate case in which, on February 24, 1803,the U.S. High Court originally announced a demonstration of Congress unlawful, consequently building up the regulation of legal audit. The court’s perspective, composed by Chief Justice John Marshall, is viewed as one of the reinforcements of U.S. established law. The…
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