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Constitutional law

AKSHAY N PATEL versus RESERVE BANK OF INDIA & ANR.

Clause 2(iii) of the 2020 MTT Guidelines, which links permissibility of merchanting trade transactions to permissibility of import/export under the prevailing Foreign Trade Policy, was a proportionate measure enacted in furtherance of a legitimate State aim (ensuring adequate domestic PPE supplies during the COVID-19 pandemic), was suitable and necessary to protect domestic health interests and foreign exchange reserves, and therefore does not violate Articles 14, 19(1)(g) or 21; the High Court judgment upholding Clause 2(iii) is affirmed.

Source excerpt

  • Article 14
  • Article 19(1)(g)
  • Article 21
  • Fema ss.10(4) and 11(1)
  • Merchanting trade transactions guidelines, 2020 (clause 2(iii))
  • Proportionality test
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Disaster management

REEPAK KANSAL versus UNION OF INDIA AND OTHERS

REEPAK KANSAL versus UNION OF INDIA AND OTHERS

Source excerpt

  • Disaster management act, 2005 s.12 (minimum standards of relief)
  • Ex gratia compensation for covid-19 deaths
  • Issuance and correction of death certificates
  • Mandamus to statutory authority
  • Role of finance commission recommendations
  • Scope of judicial review in economic/policy matters
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Constitutional law

KUSH KALRA versus UNION OF INDIA AND ORS.

The Ministry of Health and Family Welfare guidelines dated 02.07.2020 do not require or authorize affixing posters outside residences of COVID-19 positive persons; the Union issued a D.O. letter dated 19.11.2020 clarifying that no such instruction exists; consequently no State or Union Territory is required to paste posters as of now, and such an exercise by States/UTs can only be undertaken when a direction is issued by the competent authority under the Disaster Management Act, 2005.

Source excerpt

  • Right to privacy
  • Home isolation guidelines
  • Affixing posters outside residences
  • Publication of covid-19 patients' names
  • Disaster management act, 2005
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Constitutional law

REP. BY SEC. AND ORS versus K. BALU & ANR.

The Supreme Court directions prohibiting grant and renewal of licences for sale of liquor along national and state highways, and within 500 metres from the highway's edge (or service lane), are justified in public interest under Article 142. The buffer distance stands, but is reduced to 220 metres for local bodies with population less than 20,000. Existing licences renewed prior to 15 December 2016 may continue till term expires, but not beyond 30 September 2017, accommodating varying excise years. States of Sikkim and Meghalaya are exempted from the 500 metre distance requirement due to thei…

Source excerpt

  • Liquor sale regulation
  • Public health
  • Road safety
  • Drunken driving
  • Excise licensing
  • Article 142 of constitution
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Constitutional law

DEVIKA BISWAS versus UNION OF INDIA & ORS.

Union of India has a constitutional and overarching responsibility to ensure the ethical, informed, safe, and non-coercive implementation of the national sterilization program as part of population control and family planning; such programs impinge on fundamental rights under Article 21, requiring gender equity, transparency, accountability, and the discontinuation of unsafe camp practices. All guidelines and reporting mechanisms must be strictly adhered to by the Centre and States.

Source excerpt

  • Public interest litigation
  • Right to health
  • Reproductive rights
  • Sterilization procedures
  • Family planning
  • Gender equity
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Administrative law

NARINDER S. CHADHA & ORS. versus MUNICIPAL CORPORATION OF GREATER MUMBAI & ORS.

Conditions imposed by municipal authorities prohibiting sale, provision, or apparatus designed to facilitate smoking in licensed premises are ultra vires the Cigarettes Act, 2003 and its Rules, as they add prohibitions not contemplated by Parliament. The definition of 'sale' is exhaustive and does not include 'service'. Police and municipal regulatory powers cannot be used to prohibit activities outright unless expressly provided by statute; temporary prohibitions under Section 144 Cr.P.C. cannot last more than two months. Notices prohibiting sale within 300 ft. of educational institutions ex…

Source excerpt

  • Ultra vires conditions in municipal licensing
  • Regulation of tobacco sales
  • Interpretation of 'sale' vs 'service'
  • Validity of police prohibition orders
  • Applicability of equity in administrative action
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Constitutional law

CENTRE FOR PUBLIC INTEREST LITIGATION versus UNION OF INDIA AND OTHERS ,

The Court held that adequate provisions and regulatory machinery exist under the Food Safety and Standards Act, 2006, Prevention of Food Adulteration Act, 1954, and their implementing Regulations to address the concerns raised. Enforcement must be ensured by relevant authorities. There is no need for a court-mandated expert committee as the statutory machinery suffices. Authorities are directed to strictly enforce statutes and conduct periodical inspections to ascertain compliance with food safety standards.

Source excerpt

  • Right to life under article 21
  • Food safety
  • Labelling requirements
  • Misleading advertising
  • Regulation of soft drinks
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Constitutional law

BHOPAL GAS PEEDITH MAHILA UDYOG SANGATHAN & ORS. versus UNION OF INDIA & ORS.

Gas victims are entitled to enhanced multi-dimensional health care pursuant to Article 21 and continued judicial monitoring is necessary for execution of directions. Further, environmental matters covered under the NGT Act must be instituted before the National Green Tribunal while current administrative supervision matters are transferred to the High Court of Madhya Pradesh.

Source excerpt

  • Article 21 - right to life
  • Article 32 - fundamental rights
  • Medical rehabilitation
  • Environmental disaster management
  • Judicial monitoring
  • Transfer of jurisdiction
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Administrative law

THE STATE OF RAJASTHAN & ORS. versus THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JOOHPUR THROUGH ITS REGISTRAR GENERAL

The High Court cannot compel the State Government to replace Medical Officers by Sanitary Inspectors or regular recruits as Food Inspectors or to create posts of Food Inspectors, as these are executive or legislative functions. Medical officers may be appointed as Food Inspectors if they have prescribed qualifications and training; if they lack training, the High Court may direct they be given the required training.

Source excerpt

  • Appointment of food inspectors
  • Government prerogative in creation of posts
  • Implementation of prevention of food adulteration act
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Constitutional law

PEOPLE'S UNION FOR CIVIL LIBERTIES versus UNION OF INDIA AND ORS.

All State Governments and Union Territories are directed to implement the revised nutritional and feeding norms for supplementary nutrition in ICDS Scheme forthwith, make requisite financial allocations, and ensure provision of nutrition as mandated, including morning snack and hot cooked meal for children aged 3-6 years by 31 December 2009; compliance reports must be filed by 15 January 2010.

Source excerpt

  • Integrated child development services scheme
  • Malnutrition
  • Nutritional and feeding norms
  • Supplementary nutrition
  • Affirmative directions to states and union territories
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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.

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