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SUPREME COURT OF INDIA

Year of decision: 2020
Details

Constitution of India,1950 -- Para 5, Sch.V - Scope - Power of Governor - Governor issued Government order erstwhile State of A.P. providing 100% reservation to ST candidates out of whom 33.1/3% shall be women for the post of teachers in schools in scheduled areas - Governor is empowered to apply such law to scheduled area or any part in State subject to such exceptions..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Constitution of India,1950 -- Para 5(1), Sch.V - Subordinate legislation - Power of Governor - Power of Governor under Para 5(1), Sch V of Constitution does not extend to subordinate legislation - Power is with respect to an Act enacted in sovereign function by Parliament or legislature of State which can be dealt with...........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Constitution of India,1950 -- Para 5(1), Sch. V, Art.309 - Making of new law - Power of Governor - Rules framed under the proviso to Art.309 of Constitution cannot be said to be the Act of Parliament or State legislature though rules have statutory force...........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Constitution of India,1950 -- Para 5(1), Sch.V, Part III - Fundamental rights - Power of Governor - Legislative power - Can be exercised by Parliament or State subject to provisions of Part III of Constitution - Governor`s power under Para 5(1) Sch.V of Constitution is subject to some restrictions and cannot override fundamental rights guaranteed under Part III of..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Constitution of India,1950, Article 371D -- Presidential power - Override of - Governor is competent to issue an order which is not in conflict with the Presidential Order - Governor issued the order when the Presidential Order was already in force in the entire State - Governor cannot issue the order in derogation to the Presidential Order...........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Constitution of India,1950, Article 16(1), 16(4) - - Reservation - Permissibility - Reservation for other classes can be provided u/art.16(1) of Constitution and not for ST to whom reservation is provided u/art.16(4) of Constitution - GO providing for 100% reservation not permissible under Constitution as outer limit is 50% - Thus, order cannot be said to be legally..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Constitution of India,1950, Article 14, 15, 16 -- Reservation - Reasonableness - Conditions of eligibility in the notification with a cutoff date to avail the benefits of reservation is unreasonable and arbitrary - Reservation under notification creates a class within a class - Moreover, classification made failed to qualify parameters of Arts. 14 to 16 of Constitution -..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Service -- Reservation - Benefit of promotion with consequential seniority - Art.16(4-A) of Constitution enabled State to extend benefit of promotion with consequential seniority by examining adequacy of representation to SC/ST in State services - However, State of Orissa has not made any provision either by way of legislation or by a executive order to extend such..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

COVID 19 -- Extension of Limitaion - Filling of petitions/applications/suits/appeals/all other proceedings within period of limitation prescribed under general law of limitation or under Special Laws (both Central and/or State) whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order. (Constitution of India, 1950, Art.141, Limitation Act,..........

MADRAS HIGH COURT

Year of decision: 2020
Details

Public Meeting - - For condemning recent amendments made to citizenship law - Permissibility - Site chosen by petitioner is usual place where meetings are organized - Petitioner's counsel states that meeting will be conducted in such a manner that general flow of traffic is not affected - Decibel levels of amplifier will not exceed permissible limits - Speakers will not..........

Showing : 1-10 of 4183 Results