Demolition of homes of the accused or convicted without due process of law is unconstitutional. SC issues directions : A. NOTICE i. No demolition should be carried out without a prior show cause notice returnable either in accordance with the time provided by the local municipal laws or within 15 days’ time from the date of service of such notice, whichever is later. ii. The notice shall be served upon the owner/occupier by a registered post A.D. Additionally, the notice shall also be af...

An institution will not lose its minority status merely because it was created by a statute. SC 7 Judge Constitution Bench by a majority of 4:3 overrulesS. Azeez Basha vs. Union Of India(1967) Factors which must be used to determine if aminority ‘established’ an educational institution: i. The indicia of ideation, purpose and implementation must besatisfied. First, the idea for establishing an educational institution must have stemmed from a person or group belonging to theminority...

Eligibility criteria for recruitment cannot be altered mid-way unless permitted by the extant rules: If at all rule permits such change ensure compliance with Article 14.: SC Five Judge Constitution Bench Tej Prakash Pathak And Ors. v. Rajasthan High Court And Ors Hon’ble Chief Justice of India Dr. D. Y Chandrachud , Hon’ble Mr. Justice Hrishikesh Roy, Hon’ble Mr. Justice PS Narasimha, Hon’ble Mr. Justice Pankaj Mithal & Hon’ble Mr. Justice Manoj Misra Decided...

Can a person with a light motor vehicle (LMV) license legally drive a transport vehicle if it weighs 7,500 kg or less? SC Five Judge Constitution Bench answers in affirmative. The final conclusions are as follows : (I) A driver holding a license for Light Motor Vehicle (LMV) class, under Section 10(2)(d) for vehicles with a gross vehicle weight under 7,500 kg, is permitted to operate a ‘Transport Vehicle’ without needing additional authorization under Section 10(2)(e) of the MV Act...

Whetherprivately owned property is a “material resource of the community”: SC Nine Judge Constitution Bench delivers judgment by a majority of 8:1:Justice Nagaratna concurs; Justice Dhulia dissents “Not every resource owned by an individual can be considered a material resource of the community merely because it meets the qualifier of material needs. The inquiry about whether the resource in question falls within the ambit of Article 39 (b) must be content specific and subjec...