Not every observation in a judgement of Supreme Court is binding as precedent. Only the ratio decidendi or the propositions of law that were necessary to decide on the issues…
The law laid down by Supreme Court is binding on subsequent benches of lesser or coequal strength. A bench of lesser strength cannot disagree or dissent from the view taken…
In Property Owners’ Association v. State of Maharashtra (2024), at its core, the dispute concerned whether the text of Article 31-C as it stood prior to the Forty-Second Amendment can…
The need to assess not only the entirety of the legislative circumstances but also the judicial decision invalidating the amending statute is also apparent from the decision in Shaukat Khan…
In BN Tewari v. Union of India , 1965 (2) SCR 421, which was a writ petition under Article 32 filed on the heels of the decision of Supreme Court…
In Maharashtra v. Central Provinces Manganese Ore, 1977 (1) SCC 643; 1976 INSC 269, In a taxation dispute, the assessee challenged an amendment to the Explanation to clause (g) of…
In Mulchand Odhavji v. Rajkot Borough Municipality, 1971 (3) SCC 53, a Constitution Bench of Supreme Court invalidated the Municipality of Rajkot’s levy of octroi duty. The case originated from…
The process of substitution consists of two steps. First, the old rule is made to cease to exist and, next, the new rule is brought into existence in its place.…
In the case of Shamarao Parulekar v. District Magistrate, Thana, 1952 (2) SCC 1; 1952 INSC 63, the Preventive Detention Act, 1950 which at the time was scheduled to expire…
The petitioners in Waman Rao challenged the Maharashtra Lands (Ceiling on Holdings) Act, 1961 which had been placed in the Ninth Schedule of the Constitution. The respondents relied on Articles…
