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Supreme Court Affirms Writ Courts' Suo Motu Power to Strike Down Unconstitutional Subordinate Legislation By: AbhishekJat, Advocate In a landmark judgment delivered on April 2, 2025, the Supreme Court of India has upheld the power of writ courts to exercise suo motu authority to invalidate subordinate legislation that contravenes fundamental rights or binding precedents. The bench comprising Justices Dipankar Datta and Manmohan elucidated this significant principle while dismissing a Special Leave Petition in the case of Bihar Rajya Dafadar Chaukidar Panchayat (Magadh Division) v. State of Bihar . Background of the Case The controversy originated from the Bihar Chaukidari Cadre (Amendment) Rules, 2014, specifically regarding a provision that permitted retiring village watchmen (chaukidars) to nominate their dependent family members for appointment to the same position. The Patna High Court, while adjudicating an appeal filed by an aggrieved applicant whose application for s...

 Supreme Court Clarifies "Readiness and Willingness" Requirement in Specific Performance Cases Recent Judgment Sets Precedent on Acceptance of Earnest Money Refund By Abhishek Jat, Advocate In a significant ruling that reshapes the landscape of real estate contract enforcement, the Supreme Court of India has delivered a noteworthy judgment in Sangita Sinha v. Bhawana Bhardwaj and Ors. (Civil Appeal No. 4972 of 2025). The Court has clarified crucial aspects regarding the "readiness and willingness" requirement for specific performance of contracts and established that acceptance of refunded earnest money may render a specific performance claim untenable. Case Background The dispute originated from an unregistered Agreement to Sell executed on January 25, 2008, for a property in Patna valued at ₹25 lakhs. The buyer (respondent) had paid ₹2.51 lakhs in cash and issued three post-dated cheques of ₹2.5 lakhs each. Shortly thereafter, the seller alleged that her si...