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Constitutional law

K. UMADEVI versus GOVERNMENT OF TAMIL NADU & ORS.

The Supreme Court held that the appellant is entitled to maternity leave under FR 101(a) because her two biological children from a prior marriage were born before her entry into service and are in the custody of their father; the two‑child policy and the object of maternity benefit must be harmonized purposively, and Deepika Singh supports granting maternity leave in such circumstances; the Division Bench decision denying leave was set aside and maternity benefits were to be released to the appellant within two months.

Source excerpt

  • Maternity leave
  • Maternity benefit
  • Reproductive rights
  • Right to health
  • Right to privacy
  • Two child norm
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Criminal law

DIRECTORATE OF REVENUE INTELLIGENCE versus RAJ KUMAR ARORA & ORS.

Dealing in a psychotropic substance that is listed in the Schedule to the NDPS Act (here Buprenorphine Hydrochloride) but not in Schedule I of the NDPS Rules can constitute an offence under Section 8(c) of the NDPS Act if the dealing is not for medical/scientific purposes and/or not in the manner and to the extent provided by the Act and rules; the three‑Judge Bench decision in Sanjeev V. Deshpande overruling Rajesh Kumar Gupta is to be given retrospective effect; and once charges have been framed under Section 228 CrPC a court cannot delete a charge or discharge the accused by an exercise of…

Source excerpt

  • Narcotic drugs and psychotropic substances act (s.8)
  • Ndps rules (chapters vi, vii, viia)
  • Drugs and cosmetics act
  • Section 216 crpc (alteration of charge)
  • Doctrine of prospective overruling
  • Article 20(1) of the constitution
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Criminal law

SOVARAN SINGH PRAJAPATI versus THE STATE OF UTTAR PRADESH

The Supreme Court held that the cumulative procedural irregularities and shortcomings (absence of defence counsel at crucial stages, improper and incomplete Section 313 examination, summary rejection of Section 311 application, unexplained delay in framing additional charge, frequent changes and belated appointment of legal aid/amicus counsel, and prosecutorial failures to highlight these defects) amounted to denial of a fair trial; therefore the convictions and death sentence could not be sustained, were set aside and the matters remanded for fresh trial starting from framing of charge with…

Source excerpt

  • Fair trial
  • Right to legal aid
  • Section 311 crpc
  • Section 313 crpc
  • Amicus curiae
  • Duty of prosecutor
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Criminal law

RAJEEV KUMAR UPADHYAY versus SRIKANT UPADHYAY & ORS.

Given the grave allegations of public disrobing, assault and accusations of witchcraft that affronted the victims' dignity, the High Court's stay of proceedings was inappropriate; the State and courts have a heightened duty to protect dignity under Article 21, and therefore the matter is remitted to the District Court to proceed in accordance with law with the trial directed to proceed on a day-to-day basis and specified interim directions (including appearance on 15 January 2025).

Source excerpt

  • Witchcraft accusations
  • Disrobing and assault
  • Dignity (article 21)
  • Stay of criminal proceedings under section 482 crpc
  • Section 156(3) crpc
  • Day-to-day trial directions
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Constitutional law

IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955 versus

By majority (Surya Kant J. and concurring CJI Chandrachud and others) Section 6A of the Citizenship Act, 1955 is constitutionally valid: it falls within Parliament’s legislative competence, aligns with the object of Parts II and the Assam Accord, satisfies Article 14’s reasonable classification test (intelligible differentia and nexus with object), does not violate Arts.6,7,9,14,21,29,326 or 355, and can be read harmoniously with the Immigrants (Expulsion from Assam) Act, 1950 and the Foreigners Act, 1946; however the Court recognised inadequate enforcement and directed implementation measure…

Source excerpt

  • Section 6a, citizenship act 1955
  • Article 14 (equality)
  • Article 21 (life and personal liberty)
  • Article 29(1) (protection of interests of sections of citizens)
  • Article 326 (elections - adult suffrage)
  • Article 355 (duty of union to protect states)
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Constitutional law

ASHOK KUMAR SHARMA & ORS versus UNION OF INDIA

The writs sought under Article 32 to cancel existing licences and prohibit new licences for export of arms and military equipment to Israel are not amenable to judicial remedy because granting them would require the Court to adjudicate the conduct of a foreign sovereign (beyond its jurisdiction), risk ordering breaches of international contracts with consequent consequences for Indian companies, and intrude into matters of foreign policy and executive competence for which statutory and executive remedies exist.

Source excerpt

  • Article 32 of the constitution
  • Article 73 and foreign affairs
  • Article 253 and implementation of treaties
  • Export licences for arms and military equipment
  • Jurisdiction over sovereign states
  • Judicial restraint in foreign policy
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Tax law

ASSESSING OFFICER CIRCLE (INTERNATIONAL TAXATION) 2(2)(2) NEW DELHI versus M/S NESTLE SA

A notification under Section 90(1) of the Income Tax Act, 1961 is a necessary and mandatory condition for a court, authority or tribunal to give effect to a DTAA or any protocol that alters existing domestic law; the expression "is" in the MFN clauses has present signification so that the relevant date for the third State being an OECD member is the date on which that State entered into the treaty with India (not a later date), and therefore MFN benefits are not automatically integrated into earlier DTAAs without the Section 90 notification amending the earlier treaty provisions.

Source excerpt

  • Double taxation avoidance agreement
  • Most favoured nation clause
  • Section 90 income tax act, 1961
  • Treaty interpretation
  • Vienna convention on law of treaties
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Service law

DEEPIKA SINGH versus CENTRAL ADMINISTRATIVE TRIBUNAL AND OTHERS

Maternity leave and child care leave are distinct entitlements; the grant of child care leave in respect of the two biological children of the appellant's husband does not disentitle the appellant from maternity leave for her own biological child under Rule 43(1) CCS (Leave) Rules 1972. A purposive interpretation that gives effect to the object of the maternity leave provisions is required; accordingly the High Court and CAT decisions denying maternity leave were set aside and the appellant was held entitled to maternity leave and related benefits.

Source excerpt

  • Maternity leave
  • Child care leave
  • Interpretation of rule 43 of central civil services (leave) rules 1972
  • Purposive interpretation
  • Gender equality
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Aviation law

M/S BHAGWANDAS B. RAMCHANDANI versus BRITISH AIRWAYS

Rule 30(1) of the Second Schedule (Carriage by Air Act, 1972) extinguishes the right to damages after the two-year period specified, so there is no subsisting right for enforcement; interpreting Rule 30(2) in light of the Convention's object, travaux preparatoires and the need for uniform international application, the method clause does not permit domestic limitation tolling or exclusionary periods to extend that two-year extinguishment; therefore the Limitation Act, 1963 does not apply to extend or toll the two-year period and the Air Act/Rule 30 excludes applicability of the Limitation Act…

Source excerpt

  • Limitation period
  • Extinguishment of rights
  • Treaty interpretation
  • Uniformity of international convention interpretation
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Extradition

ABU SALEM ABDUL KAYYUM ANSARI versus THE STATE OF MAHARASHTRA

The court held that executive solemn sovereign assurances made in extradition proceedings do not bind Indian courts in imposing sentence; courts must sentence according to Indian law, but the Executive is bound to comply with international assurances by advising the President under Article 72 or exercising powers under ss.432/433 Cr.P.C. to give effect to the assurance. For set-off under s.428 Cr.P.C., only detention connected to proceedings in India is relevant; the appellant's period of detention for Portuguese conviction is not set off except for the brief period from conditional release (…

Source excerpt

  • Sovereign assurance
  • Set off under section 428 cr.p.c.
  • Principle of speciality
  • Remission and commutation (ss.432,433 cr.p.c.)
  • Presidential clemency (article 72)
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

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