Libertatem Magazine

The Courtroom Archives

Supreme Court Strikes Down the West Bengal Housing Industry Regulation Act of 2017 by Observing It Unconstitutional and in Conflict With RERA

The Supreme Court struck down the West Bengal Housing Industry Regulation Act, 2017 (WBHIRA) by pronouncing it unconstitutional for conflicting with Central legislation, i.e., the Real Estate (Regulation and Development) Act, 2016 (RERA). Further, the Court in the exercise of its powers under Article 142, clarified that all sanctions and registrations previously granted under the HIRA before the date of this judgment shall continue to prevail to prevent any chaos in the real estate industry in the state.

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Death of Covid-19 Patients Just Because of Non-Supplying of Oxygen to Hospitals Is Criminal Act and Not Less Than Genocide: Allahabad High Court

In the present PIL, the question was put on the preparedness of the Government to deal with the current surge of the pandemic in the face of the lacking public health infrastructure to meet the requirement. The Court, after considering the whole matter, directed the authorities to take remedial measures as soon as possible.

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Rajasthan Schools (Regulation of Fee) Act, 2016, and Rajasthan Schools (Regulation of Fee) Rules, 2017 Not Violative of Article 19(1)(G): Supreme Court

In the present case, two sets of appeals were filed before the Supreme Court of India challenging the decisions of the Rajasthan High Court regarding the matter of fee during the current pandemic time. The Hon’ble Supreme Court, however, upheld the decision of the High Court and rejected the current petition being devoid of merit

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Delhi High Court Allows Review Petition Saying That Relief Cannot Be Granted to Those Who Haven’t Petitioned Before Court

In the present case, the respondents/review petitioners filed a review petition for the impugned judgement dated 10th April 2019, which directed for the payment of RMA to all the personnel of CRPF up to the rank of Commandant. The Court allowed the review petition saying that relief cannot be granted to those who didn’t petition before the Court.

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