Lawgic Simplified

  In a landmark decision, the Patna High Court has invalidated the Bihar government's legislative attempt to increase reservations for backward classes. The court's ruling focused on procedural flaws and the absence of a robust empirical basis for the hike, sparking a debate on judicial intervention in affirmative action policies. Background and Rationale Behind Setting Aside Bihar Reservation Increase Law The Bihar government had proposed an increase in reservations to address socio-economic disparities faced by backward classes. However, the court found that the state failed to follow due process, which includes conducting a thorough empirical study to justify the policy change. This procedural oversight led to the court's decision to strike down the increase. The High Court emphasized the necessity of a data-driven approach for policy changes related to reservations. The ruling underscored that without solid empirical evidence, such policies could not be justified within...

In a significant legal development, Delhi Chief Minister Arvind Kejriwal’s bail has been delayed by the Delhi High Court amid ongoing investigations into the excise policy case. Kejriwal, who is currently in Tihar Jail, sought bail but faced a setback when the court decided to pause his release following arguments presented by the Enforcement Directorate (ED). Delhi Excise Policy Case The ED alleges that Arvind Kejriwal and other officials engaged in corrupt practices while implementing the Delhi government’s liquor policy, leading to financial benefits for certain liquor traders and a substantial loss of revenue for the state. The controversial excise policy has been under scrutiny, with accusations that it was manipulated to favor specific traders. Delhi High Court On ED's Plea Against Bail of Delhi CM During the court hearing, the ED detailed the alleged irregularities, emphasizing the need for continued judicial custody of Kejriwal to ensure a thorough investigation...

Justice Rohit Deo, a judge of the Bombay High Court, Nagpur Bench, announced his resignation on personal grounds during a courtroom session in Nagpur.  The matters scheduled before him for the day were discharged following the announcement. Appointed to the Bombay High Court in June 2017, he was originally set to retire in December 2025. Justice Deo apologized to those present in the court, stating that he scolded them in an effort to encourage improvement. He expressed his resignation, mentioning that he cannot work against his self-respect. He later confirmed to reporters that he has submitted his resignation letter to the President of India due to personal reasons. Notably, in 2022, Justice Deo had acquitted a former Delhi University professor in a case involving alleged Maoist links. However, the Supreme Court stayed the order and instructed the Nagpur bench to rehear the case. Justice Deo had also recently stayed the implementation of a Maharashtra Government Resolution relate...

In a recent judgment dated 21st April 2023, the Court ordered the release of the petitioners on probation within two weeks from the said date. However, the petitioners were not released as per the court's order, leading to the filing of a Contempt Petition by the petitioners. In response to the Contempt Petition, the respondents filed a compliance affidavit stating that the petitioners have been released, but there was no explanation provided for the significant delay in their release. The Court noted that the respondents did not seek an extension of time from the Court. While the Court decided not to initiate any further action under the Contempt of Court Act, 1971 against the respondents, it directed the State of Uttar Pradesh to pay costs amounting to Rs. 10,000/- (Rupees ten thousand) to each petitioner within one month from the date of the judgment. Thus, the Contempt Petition was disposed of with the above directions and costs imposed on the State of Uttar Pradesh for the del...

The Allahabad High Court ruled that every Court and Tribunal possess inherent power to set aside an ex-parte order as a form of 'procedural review,' distinct from the statutory power to review a case on merits. Justice Yogendra Kumar Srivastava held that revenue authorities can recall an ex-parte order to correct procedural defects and ensure justice between the parties. This inherent power allows the Court or Tribunal to correct procedural illegality that invalidates the proceedings and the order itself.  The case in question involved a recall application against an ex-parte order passed under Section 24 of the UP Revenue Code. The Court held that a recall application can be maintained by non-parties if they are necessary parties to the proceedings.  The judgment emphasizes the principle of natural justice that no adverse orders should be passed without giving an opportunity of hearing, and a recall can be sought to correct procedural errors.  The Court clarif...

The Supreme Court on Monday refused to entertain a plea seeking the court's intervention to declare the crisis in Uttarakhand's subsidence-hit Joshimath a national disaster, saying since the state high court is seized of a "broad range of issues" it should hear it as a matter of principle. As the lawyer for the petitioner submitted that people in Joshimath are dying, the top court told him curtly, "You don't want to use these proceedings for sound bytes in social media." Also Read:  Bhopal Gas Leak Tragedy: Supreme Court Says Centre Cannot Reopen Settlement Arrived at Three Decades Ago A bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala asked petitioner Swami Avimukteshwaranand Saraswati to approach the Uttarakhand High Court with his petition. "As a matter of principle, we should allow the High Court to deal with this. High Court is seized of a broad range of issues, we'll give you liberty to approach the High C...