Esheria India Case Law
Sign in
India Source-linked decisions Coverage checked

India Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
0 court collections
Last checked

Search and filter India case law

Results update automatically as you type.

India decisions

Decisions matching the current search

Clear filters
Election law

SUDHIR VILAS KALEL & ORS. versus BAPU RAJARAM KALEL & ORS.

Appellant No.1 was not entitled to the protection of Section 3 of the Temporary Extension Act, 2023 because his application for a Validity Certificate had been disposed for non-compliance/rejected and was therefore not a valid pending application on the date of commencement of the Act; he stood automatically disqualified for failing to produce the Validity Certificate within the statutory period and was not entitled to vote, and consequently the No Confidence Motion against the Sarpanch was duly carried; the High Court judgment was therefore affirmed.

Source excerpt

  • Caste certificate verification
  • Validity certificate
  • No confidence motion
  • Automatic disqualification
  • Statutory interpretation
Read case analysis
Local government law

VIRENDRASING versus THE ADDITIONAL COMMISSIONER AND ORS.

The court upheld disqualification because the Zilla Parishad had issued the work order and administered funds from the State Government to the Gram Panchayat, the appellant’s son was registered as a contractor soon after the appellant’s election and obtained the sole contract where funds flowed via the Zilla Parishad, and Section 16(1)(i) is broadly worded to cover direct or indirect financial interest in works ordered by the Zilla Parishad; further, procedural requirements were met as the Divisional Commissioner reasonably treated written submissions as the appellant’s defense within the sta…

Source excerpt

  • Disqualification of elected representatives
  • Conflict of interest
  • Probity and transparency in public contracts
  • Natural justice
  • Interpretation of section 16(1)(i) of maharashtra zilla parishads and panchayat samitis act, 1961
Read case analysis
Administrative law

JOLLY GEORGE AND ANR. versus GEORGE ELIAS AND ASSOCIATES AND ORS.

An Acknowledgement Certificate under the Kerala MSME Act functions as an approval for purposes of establishment and operation for the statutory period and, because Section 10 gives the Kerala MSME Act overriding effect over the Kerala Panchayat Raj Act, 1994, the Acknowledgement Certificate obviates the need for a separate Panchayat licence under the 1994 Act, provided environmental consents from the Pollution Control Board are obtained and environmental statutes are complied with.

Source excerpt

  • Kerala micro small and medium enterprises facilitation act, 2019
  • Acknowledgement certificate as approval
  • Overriding effect of statute
  • Consent to establish (pollution control board)
  • Kerala panchayat raj act, 1994
  • Kerala panchayat building rules, 2019
Read case analysis
Election law

RAVI NAMBOOTHIRI versus K.A. BAIJU & ORS

Although failure to disclose past conviction in Form No.2A can amount to 'fake' particulars under Section 102(1)(ca) of the Kerala Panchayat Raj Act, the conviction in this case was under ss.38 and 52 of the Kerala Police Act for disobeying police directions in connection with a political dharna; such convictions are regulatory and not substantive offences of the kind contemplated by the disclosure regime; therefore the District Court and High Court erred in setting aside the appellant's election on the grounds of 'undue influence' or fake particulars, and the appeals are allowed.

Source excerpt

  • Disclosure of criminal antecedents in nomination forms
  • Grounds for declaring election void under kerala panchayat raj act
  • Corrupt practice and undue influence
  • Interpretation of 'fake' in statutory context
  • Scope of police regulatory offences
Read case analysis
Constitutional law

JALKAL VIBHAG NAGAR NIGAM & ORS. versus PRADESHIYA INDUSTRIAL AND INVESTMENT CORPORATION & ANR.

Section 52(1) of the UP Water Supply and Sewerage Act levies a tax on "premises" (defined as land or building) situated within the Jal Sansthan area; the levy is therefore a tax on lands and buildings within Entry 49 List II and not a fee or charge for water supply. Restrictions in Section 55 and incidence rules in Section 56 do not convert the levy into a fee. To the extent a two-judge Bench in Union of India v. State of U.P. treated such levies as fees, those observations are per incuriam and are overruled. The constitutional challenge to ss.52(1)(a), 55(b)(1) and 56 is rejected; High Court…

Source excerpt

  • Distinction between tax and fee
  • Legislative competence under seventh schedule list ii
  • Entry 49 (taxes on lands and buildings)
  • Up water supply and sewerage act 1975 (ss.52,55,56)
  • Pith and substance doctrine
Read case analysis
Constitutional law

STATE OF U.P. & ORS. versus VIRENDRA KUMAR & ORS.

The Court concluded that Preetam Singh's reasoning merits reconsideration because it did not advert to relevant provisions of the 1965 Act (notably ss.8, 92, 94(2)(nn), 95(1)(f) and s.95(2)) and to constitutional/legislative and executive powers (Entry 41 List II; Art.162) which support State jurisdiction to issue directions affecting conditions of service; accordingly the questions formulated were referred to a larger Bench.

Source excerpt

  • State executive power under article 162
  • Control over public corporations (u.p. state control over public corporation act, 1975)
  • Whether conditions of service constitute functions of a statutory board
  • Pension, family pension and gratuity schemes
  • Rulemaking and repugnancy between state rules and board regulations
Read case analysis
Constitutional law

SEEMA SARKAR versus EXECUTIVE OFFICER AND ORS.

The quorum and voting for a motion of no confidence against the Pramukh of the Panchayat Samiti must be calculated based on the 'total number of members' of the Panchayat Samiti, inclusive of directly elected and ex-officio members. As only three members were present instead of the required four (two-thirds of six), the Executive Officer's decision to dissolve the meeting for want of quorum was correct. Ex-officio members, including the MP, are entitled to vote unless expressly excluded by statute, which is not the case in this Regulation and Rules.

Source excerpt

  • Interpretation of statutes
  • Motion of no confidence
  • Panchayat samiti quorum
  • Voting rights of ex-officio members
Read case analysis
Local government law

SAMPADA YOGESH WAGHDHARE versus THE STATE OF MAHARASHTRA & ORS.

Unauthorized constructions, including temporary structures, by the spouse of a Councillor suffice to incur disqualification under Section 44(1)(e) regardless of deemed permission or criminal prosecution; action is independent of penal consequences and temporary construction can result in disqualification.

Source excerpt

  • Municipal councillor disqualification
  • Unauthorized construction
  • Interpretation of maharashtra municipal council act section 44(1)(e)
Read case analysis
Local government law

GANESH SUKHDEO GURULE versus TAHSILDAR SINNAR & ORS.

The computation of two-third majority must be based on the number of members entitled to sit and vote, excluding disqualified members. When two-third results in a fraction, it must be treated as a whole vote, so 5.33 is read as 6. As only 5 valid votes were cast in favour, the no-confidence motion was not validly passed.

Source excerpt

  • No-confidence motion
  • Computation of majority
  • Disqualification of member
Read case analysis
Local government law

PADMINI SINGHA versus THE STATE OF ASSAM & OTHERS

Participation in the meeting by respondent no. 6 (the beneficiary) amounted to waiver of the procedural requirement under Section 15(1). As no public interest was involved and respondent no. 6 signed the resolution, its validity stands.

Source excerpt

  • No confidence motion
  • Waiver of mandatory provisions
  • Assam panchayat raj act, 1994
Read case analysis

About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.