https://case.openvidhi.com Latest legal cases and judgments en-IN Tue, 26 May 2026 10:25:34 +0000 https://case.openvidhi.com/view_case/33 https://case.openvidhi.com/view_case/33 Tue, 26 May 2026 06:32:23 +0000 Principle of Judicial Discipline The Division Bench at Lucknow erroneously treated the verdict of Allahabad Bench not to be a binding precedent on the foundation that the principles laid down by the Constitution Bench in M. Nagraj case are not being appositely appreciated and correctly applied by the Bench when there was reference to the said decision and number of passages were quoted and appreciated albeit incorrectly, the same could not have been a ground to treat the decision as per incuriam or not a binding precedent. Judicial discipline commands in such a situation when there is disagreement to refer the matter to a larger Bench. Instead of doing that, the Division Bench at Lucknow took the burden on themselves to decide the case Keywords: Constitution, Judicial Discipline Constitution Judicial Discipline https://case.openvidhi.com/view_case/32 https://case.openvidhi.com/view_case/32 Tue, 26 May 2026 06:31:16 +0000 Per incuram / Manifest Error (exception to judicial discipline) A prior decision of Court on identical facts and law binds the Court on the same points of law in a later case. In exceptional circumstances, where owing to obvious inadvertence or oversight, a judgment fails to notice a plain statutory provision or obligatory authority running counter to the reasoning and result reached, the principle of per incuriam may apply. Keywords: Constitution, Judicial Discipline Constitution Judicial Discipline https://case.openvidhi.com/view_case/31 https://case.openvidhi.com/view_case/31 Tue, 26 May 2026 06:30:02 +0000 The Supreme Court reiterated that while an Insurance Company is liable to indemnify the employer for the principal compensation amount and interest, it cannot be fastened with the liability to pay the penalty component. Keywords: Labour Law Labour Law https://case.openvidhi.com/view_case/30 https://case.openvidhi.com/view_case/30 Tue, 26 May 2026 06:29:05 +0000 Doctrine of Added Preil - Relief shall not be granted in absence of corroborative evidence. Held that while “arising out of employment” includes risks incidental to duties, the claim fails if the workman exposes himself to an “added peril” through his own imprudent act. Keywords: Disablement, Labour Law Disablement Labour Law https://case.openvidhi.com/view_case/29 https://case.openvidhi.com/view_case/29 Tue, 26 May 2026 06:27:37 +0000 The Tribunal should not mechanically apply the percentage of permanent disability as the percentage of economic loss or loss of earning capacity. What requires to be assessed by the Tribunal is the effect of the permanent disability on the earning capacity of the injured; and after assessing the loss of earning capacity in terms of a percentage of the income, it has to be quantified in terms of money, to arrive at the future loss of earnings (by applying the standard multiplier method used to determine loss of dependency). Keywords: Disablement, Labour Law Disablement Labour Law https://case.openvidhi.com/view_case/28 https://case.openvidhi.com/view_case/28 Tue, 26 May 2026 06:26:24 +0000 In the case, under section 2(oo) retrenchment, Industrial Disputes Act, the court held that the words ‘for any reason whatsoever’ needs to be interpreted and understood in a much wider and literal sense. Accordingly, the term ‘retrenchment’ was found to mean the termination by the employer of the services of a workman for any reason whatsoever except those specifically excluded from the definition. Keywords: Labour Law, s. 2(oo) Industrial Disputes Act, Termination of Employment Labour Law s. 2(oo) Industrial Disputes Act Termination of Employment https://case.openvidhi.com/view_case/27 https://case.openvidhi.com/view_case/27 Tue, 26 May 2026 06:25:15 +0000 The court found that, after making a total appraisal of his performance, a report was submitted to the Board of Directors. The record also discloses that the Board of Directors held a meeting and in that meeting they not only considered the Performance Assessment Report but also perused the entire service record of the respondent, and thereafter took a conscious and considered decision of terminating his service due to unsatisfactory work. The court found the termination valid. Keywords: Labour Law, Termination of Employment Labour Law Termination of Employment https://case.openvidhi.com/view_case/26 https://case.openvidhi.com/view_case/26 Tue, 26 May 2026 06:22:25 +0000 The court observed that the cases where communication is found to be insufficient in this regard, the same may be construed to be arbitrary exercise of employer’s power. Keywords: Labour Law, Termination of Employment Labour Law Termination of Employment https://case.openvidhi.com/view_case/25 https://case.openvidhi.com/view_case/25 Tue, 26 May 2026 06:15:38 +0000 The petitioner was appointed on an ad-hoc basis for 6 months or if UPSC appoints suitable person, however here services were regularly renewed for multiple terms, around 3 years, and then she was terminated. There it was said to have been recorded that the authorities were not satisfied with the performance of the appellant and so her reappointment after the expiry of the term was not recommended. But it appears that at no time she was informed about her deficiencies. The order of termination came like a thunderbolt from the blue. Keywords: Labour Law, Termination of Employment Labour Law Termination of Employment https://case.openvidhi.com/view_case/24 https://case.openvidhi.com/view_case/24 Tue, 26 May 2026 06:03:52 +0000 Appellant was probationer. His work was under observation during probationary period, and he was given repeated opportunities to improve his performance for which his probation extended from time to time. The authority did not find him fit due to unsatisfactory work and brought the same to his notice. The court analysed tests laid down in various decisions. And found that service of appellant was unsatisfactory and that he was given repeated opportunities to improve his performance. Keywords: Labour Law, Probation Period Labour Law Probation Period https://case.openvidhi.com/view_case/23 https://case.openvidhi.com/view_case/23 Tue, 26 May 2026 06:01:30 +0000 The court held that in respect of offences which lie outside the Indian Penal Code, compounding may be permitted only if the statute which creates the offence contains an express provision for compounding before such an offence can be made compoundable. The power of compounding must, in other words, be expressly conferred by the statute which creates the offence. Keywords: Compounding of Offences, Labour Law Compounding of Offences Labour Law https://case.openvidhi.com/view_case/22 https://case.openvidhi.com/view_case/22 Tue, 26 May 2026 05:55:56 +0000 Section 22-A of the Minimum Wages Act further contemplates only punishment by way of payment of fine and the maximum limit for such fine is Rs.500/-. Thus, the offence was otherwise compoundable and the Company was ready to compound the same. This case involved quashing case under s. 482 CrPC. Keywords: Labour Law, s. 22-A Minimum Wages Act Labour Law s. 22-A Minimum Wages Act https://case.openvidhi.com/view_case/21 https://case.openvidhi.com/view_case/21 Fri, 25 Apr 2025 05:53:39 +0000 Challenge was laid to the decision of the Bombay High Court, dismissing the writ petition and affirming the decision of the Maharashtra Administrative Tribunal. The petitioner participated in the selection and recruitment process carried out by the Government of Maharashtra. The advertisement contemplated the benefit of female reservation to the female candidates on satisfying two conditions: (i) that the candidate must be a domicile of Maharashtra; and (ii) that the candidate must belong to the non-creamy layer. Keywords: Art 142, Constitution, Maharashtra Administrative Tribunal Art 142 Constitution Maharashtra Administrative Tribunal https://case.openvidhi.com/view_case/20 https://case.openvidhi.com/view_case/20 Fri, 25 Apr 2025 05:42:38 +0000 The judgment relates to the remission of convicted persons in grotesque and diabolical crime driven by communal hatred. Respondents against whom the Special Judge, Greater Mumbai convicted them and sentenced to life imprisonment for the commission of the offences of gang rape and murder of petitioner’s relatives. Later on appeals before the High Court and Supreme Court were dismissed and the sentence awarded by the Special Judge was affirmed. Thereafter, Respondents were allowed remission by the State of Gujarat through the impugned order and the writ petitions under Article 32 of the Constitution of India were filed seeking quashing of these remission orders before the Supreme Court. It was contended that in the present case, the remission was granted to the convicts without application of mind and examining the nature and gravity of the crime and the impact of the remission order upon the victim and her family, witnesses and society at large. Keywords: Art 32, Constitution, PIL, Remission, s. 432 CrPC, Writ Petition Art 32 Constitution PIL Remission s. 432 CrPC Writ Petition https://case.openvidhi.com/view_case/19 https://case.openvidhi.com/view_case/19 Fri, 25 Apr 2025 05:28:11 +0000 States' power to sub-classify Scheduled Castes for providing reservation. Held that it was permissible for states to sub-classify SCs when providing reservations. Chief Justice Chandrachud authored a plurality opinion for himself and Justice Misra. Justice Gavai, Justice Mittal, Justice Nath and Justice Sharma each authored separate concurring opinions. Justice Trivedi wrote a dissenting judgment which found sub-classification to be impermissible under the Constitution. Keywords: Art 15, Art 16, Art 341, Constitution, Sub Classification of SC Art 15 Art 16 Art 341 Constitution Sub Classification of SC https://case.openvidhi.com/view_case/18 https://case.openvidhi.com/view_case/18 Fri, 25 Apr 2025 05:22:10 +0000 Scope of the words "material resources of the community" under Article 39(b) of the Constitution. The Supreme Court by a 7-2 majority held that not all private property constitutes ‘material resources of the community’ in Articles 39(b) and (c) to be acquired and redistributed by the State. It overruled the decision of Sanjeev Coke which held that private resources also come under the material resources of the community. The judgment for the majority was written by Chief Justice Candrachud.  Justice Nagarathna authored a separate partly dissenting opinion holding that all privately owned resources except for “personal effects” can constitute “material resources of the community” and private property can be “transformed” into community resources through  processes such as nationalisation or acquisition. Justice Dhulia also delivered a dissenting opinion holding that income and wealth inequality are enormous and the broad interpretation of “material resources of the community” adopted in Ranganatha Reddy and Sanjiv Coke is correct.  All Nine Judges held that Article 31-C continues to prevent statutes from being struck down for violating Articles 14 and 19 if they give effect to Articles 39(b) and (c), as interpreted in this judgement. The constitutionality of the MHADA will now be decided by a regular bench based on the principles laid down in this case. Keywords: Art 31C, Art 39(b), Art 39(c), Constitution, Maharashtra Housing and Area Development Act Art 31C Art 39(b) Art 39(c) Constitution Maharashtra Housing and Area Development Act https://case.openvidhi.com/view_case/17 https://case.openvidhi.com/view_case/17 Fri, 25 Apr 2025 05:14:35 +0000 The appeals arose from orders of the Allahabad High Court, with the issue revolving around separation of powers, exercise of criminal contempt jurisdiction and the practice of frequently summoning government officials to court. (i) whether the High Court had the power to direct the State Government to notify rules proposed by the Chief Justice pertaining to post-retiral benefits for former Judges of the High Court; (ii) whether the power of criminal contempt could be invoked by the High Court against officials of the Government of Uttar Pradesh on the ground that the application for recall was “contemptuous”; and (iii) the broad guidelines that must guide courts when they direct the presence of government officials before the Court. Keywords: Art 229, Contempt of Courts Act, Separation of Powers Art 229 Contempt of Courts Act Separation of Powers https://case.openvidhi.com/view_case/16 https://case.openvidhi.com/view_case/16 Thu, 17 Apr 2025 18:11:33 +0000 The ruling established that any suspension of internet services must be reasonable, proportionate, and accompanied by a written order specifying the reasons, duration, and responsible authorities. The judgment has influenced policy and administrative practices, promoting a balanced approach to internet governance and reinforcing the protection of fundamental rights in the digital era. Keywords: Art 19, Constitution, Freedom of Speech and Expression, Fundamental Rights Art 19 Constitution Freedom of Speech and Expression Fundamental Rights https://case.openvidhi.com/view_case/15 https://case.openvidhi.com/view_case/15 Thu, 17 Apr 2025 17:41:36 +0000 Supreme Court Sets Out Twin Pronged Test to Resolve Copyright Design Dispute. In 2018, Inox filed a lawsuit claiming its unique engineering drawings and related details (literary work) had been copied and used without permission in the manufacture of cryogenic semi-trailers for transporting liquefied natural gas (LNG). Commercial Court dismissed the suit by arguing that the drawings, if used more than 50 times in production, lose copyright protection because they fall under “designs” per the Designs Act, 2000. Gujarat High Court later restored the suit, stating that more analysis was needed to decide if the drawings were purely artistic or merely unregistered designs. Keywords: Artistic Work, Copyright Act, Designs Act, Intellectual Property Rights, Twin Pronged Test Artistic Work Copyright Act Designs Act Intellectual Property Rights Twin Pronged Test https://case.openvidhi.com/view_case/14 https://case.openvidhi.com/view_case/14 Wed, 16 Apr 2025 09:47:37 +0000 The State of Tamil Nadu passed 12 Bills and submitted them to the Governor for assent, following Article 200 of the Constitution. However, the Governor did not take any action on these Bills for a considerable period. In 2023, the petitioner being aggrieved by the Governor’s action approached the Supreme Court under Article 32 of the Constitution. The court issued a notice to the respondents after which the governor took a decision on 12 bills by withholding assent simpliciter to 10 bills which means he did not convey any message to the State Legislature for reconsideration. The State Legislature repassed the said 10 bills and presented the same for the Governor’s assent. The Governor, without the aid and advice of the Council of Ministers of the State, reserved the said repassed Bills for the consideration of the President, which is being challenged in the present case. The Supreme Court declared the reservation of these 10 Bills to be erroneous in law, and set aside the same. Keywords: Absolute Veto, Art 200, Bills, Constitution, Federalism, Governor, Pocket Veto, President’s consideration Absolute Veto Art 200 Bills Constitution Federalism Governor Pocket Veto President’s consideration https://case.openvidhi.com/view_case/13 https://case.openvidhi.com/view_case/13 Fri, 11 Apr 2025 08:58:04 +0000 Criteria for the determination of a minority educational institution Keywords: Constitution, Minority Institution Constitution Minority Institution https://case.openvidhi.com/view_case/12 https://case.openvidhi.com/view_case/12 Fri, 11 Apr 2025 08:56:20 +0000 The SC Court held that the power conferred on Parliament by Art. 368 to amend is a very wide power and includes the power to take away the fundamental rights guaranteed by Part III. In the context of Art. 13(2), law must be taken to mean rules or regulations made in exercise of ordinary legislative power and not amendments to the constitution made in the exercise of constituent power with the result that Art. 13(2) does not affect amendments made under Art. 368. Keywords: Art 13, Art 368, Constitution, Constitutional Amendment Art 13 Art 368 Constitution Constitutional Amendment https://case.openvidhi.com/view_case/11 https://case.openvidhi.com/view_case/11 Fri, 11 Apr 2025 08:55:27 +0000 Explaining the philosophy underlying PIL the Court ruled that where a person or class of persons to whom legal injury is caused by reason of violation of a fundamental right is unable to approach the court of judicial redress on account of poverty or disability or socially or economically disadvantaged position, any member of the public acting bona fide can move the court for relief under Article 32 and a fortiorari also under Article 226, so that the fundamental rights may be meaningful not only for the rich but also for the deprived people who by reason of lack of awareness, assertiveness and resources are unable to seek judicial redress. Keywords: Art 226, Art 32, Constitution, Fundamental Rights Art 226 Art 32 Constitution Fundamental Rights https://case.openvidhi.com/view_case/10 https://case.openvidhi.com/view_case/10 Fri, 11 Apr 2025 08:54:26 +0000 The Court ruled that fundamental rights do not flee the person as he enters the prison although they may suffer shrinkage necessitated by incarceration. Our Constitutional culture has now crystallised in favour of prison justice and judicial jurisdiction. Keywords: Constitution, Fundamental Rights Constitution Fundamental Rights https://case.openvidhi.com/view_case/9 https://case.openvidhi.com/view_case/9 Fri, 11 Apr 2025 08:53:32 +0000 The Court ruled that Parliament’s power to make Constitutional amendments is limited which itself is a basic feature of the Constitution. The judgement makes it clear that the Constitution, and not the Parliament is supreme. Keywords: Art 13, Basic Structure, Constitution, Constitutional Amendment Art 13 Basic Structure Constitution Constitutional Amendment https://case.openvidhi.com/view_case/8 https://case.openvidhi.com/view_case/8 Fri, 11 Apr 2025 08:52:45 +0000 The validity of 39th Constitution amendment enacted in 1975 which (Article 39-A ) sought to place the election of the President, the Vice President, the Prime Minister and the Speaker of the Lok Sabha beyond the scrutiny of the constitutional courts was challenged in this case. The S.C. resorting to the theory of basic structure of the Constitution struck down Clause (4) of Article 329-A on the grounds that it was beyond the Parliament’s amending power as it destroyed the basic structure of the Constitution. Keywords: Basic Structure, Constitution, Constitutional Amendment, Representation of the People Act Basic Structure Constitution Constitutional Amendment Representation of the People Act https://case.openvidhi.com/view_case/7 https://case.openvidhi.com/view_case/7 Fri, 11 Apr 2025 08:50:51 +0000 The Bench by a majority of 7-6 Overruled the proposition of law propounded in I. C. Golak Nath v. State of Punjab, AIR 1967 SC 1643 and held that Constitutional amendment is not “law” within the meaning of Article 13 and that although no part of the Constitution, including Part III comprising of fundamental rights, was beyond the Parliament’s amending power, the “basic structure of the Constitution” could not be abrogated even by a constitutional amendment.” Keywords: Art 13, Art 14, Art 21, Basic Structure, Constitution, Constitutional Amendment Art 13 Art 14 Art 21 Basic Structure Constitution Constitutional Amendment https://case.openvidhi.com/view_case/6 https://case.openvidhi.com/view_case/6 Fri, 11 Apr 2025 08:48:59 +0000 The SC ruled that the mere existence of an enabling law was not enough to restrain personal liberty. The procedure prescribed by law has to be fair, just and reasonable, not fanciful, oppressive or arbitrary. Keywords: Art 14, Art 19, Art 21, Basic Structure, Constitution, Fundamental Rights Art 14 Art 19 Art 21 Basic Structure Constitution Fundamental Rights https://case.openvidhi.com/view_case/5 https://case.openvidhi.com/view_case/5 Fri, 11 Apr 2025 08:47:47 +0000 Delhi LG not bound by aid & advice of State Government for appointment of aldermen. held that the LG is not bound by the aid and advice of the Council of Ministers of the Delhi Government when nominating members to the MCD under Section 3(3)(b)(i) of the MCD Act Keywords: Delhi Governor, MCD Act Delhi Governor MCD Act https://case.openvidhi.com/view_case/4 https://case.openvidhi.com/view_case/4 Fri, 11 Apr 2025 08:46:51 +0000 Supreme Court strikes down Electoral Bonds Scheme for being violative of right to information under Art. 19(1)(a) of Constitution. The Supreme Court held that the Electoral Bond Scheme and the amendments made by the Finance Act to Section 29C of the RP Act, Section 182(3) of the Companies Act and Section 13A(b) of IT Act are unconstitutional. The Court also held the deletion of the proviso to Section 182(1) of the Companies Act permitting unlimited corporate contributions to political parties even for loss making companies is arbitrary and violative of Article 14. Keywords: Art 14, Companies Act, Finance Act, Income Tax Act, Representation of the People Act Art 14 Companies Act Finance Act Income Tax Act Representation of the People Act https://case.openvidhi.com/view_case/3 https://case.openvidhi.com/view_case/3 Fri, 11 Apr 2025 08:43:59 +0000 The S.C. held that Article 22 was a self-contained Code and if personal liberty is taken away by the State in accordance with the procedure established by law i.e. if the detention was as per the procedure established by law, then it cannot be said that the law was violative of provisions contained in Articles 14 ,19 and 21 of the Constitution. Keywords: Art 14, Art 19, Art 21, Constitution, Fundamental Rights, Preventive Detention Art 14 Art 19 Art 21 Constitution Fundamental Rights Preventive Detention https://case.openvidhi.com/view_case/2 https://case.openvidhi.com/view_case/2 Fri, 11 Apr 2025 08:41:31 +0000 Also known as 9th ninth Schedule Case. The Court held that any law inserted in the Ninth Schedule on or after April 24, 1973 (date on which Keshavananda was pronounced) can be subject to judicial review and will be struck down if it violates the basic structure doctrine. Keywords: Basic Structure, Constitution, Ninth Schedule Basic Structure Constitution Ninth Schedule https://case.openvidhi.com/view_case/1 https://case.openvidhi.com/view_case/1 Fri, 11 Apr 2025 07:23:31 +0000 The Constitution Bench by a majority of 4:1, ruled that while a proclamation of emergency is in operation, the right to move High Courts under Article 226 for Habeas Corpus challenging illegal detention by the State will stand suspended. The apex Court said, If extraordinary powers are given, they are given because the Emergency is extraordinary, and are limited to the period of the Emergency. Keywords: Art 226, Constitution, Fundamental Rights, Habeas Corpus, Writ Art 226 Constitution Fundamental Rights Habeas Corpus Writ