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Supreme Court Dismisses State Appeal and Upholds Striking Down of State Government’s Power to Extend Section 144 Orders Beyond Two Months. Extension of Magisterial Orders by Executive Fiat Without Judicial Review Held Violative of Article 19(1)(b),(c),(d) and Not Saved by Reasonable Restrictions.

The dispute involved a constitutional challenge to the second part of section 144(6) of the Code of Criminal Procedure, 1898, which permitted the Stat...

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Supreme Court Allows Appeal Against Arrest Under PML Act — Validity of Arrest Under Section 19 PML Act Must Be Examined by Trial Court at Remand Stage

The Supreme Court heard an appeal by Arvind Kejriwal challenging his arrest by the Directorate of Enforcement (DoE) under Section 19 of the Prevention...

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Supreme Court Examines Vires of Tribunals Reforms Act, 2021 Amidst Concerns Over Judicial Independence. Petitioners Argue That Provisions on Appointment, Tenure, and Removal of Tribunal Members Undermine the Constitutional Balance of Power.

The judgment involves a batch of writ petitions challenging the vires of the Tribunals Reforms Act, 2021. The petitioners, led by the Madras Bar Assoc...

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Bombay High Court Dismisses Challenge by SEBI Employees Association to Direct Recruitment and Deputation of Executive Directors; Holds that Section 9 of SEBI Act, 1992 Confers Unrestricted Power on Board to Appoint Officers of Its Choice, and Regulations Cannot Fetter This Power.

The dispute arose from a writ petition filed by the SEBI Employees Association along with individual Chief General Managers challenging the Securities...

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Supreme Court Dismisses Council of Architecture's Appeal, Upholds That Section 37 of Architects Act Only Prohibits Use of Title 'Architect'. Government Posts Titled 'Architect' Can Be Held by Unregistered Individuals as the Act Does Not Prohibit Practice of Architecture.

The Supreme Court considered appeals against the Allahabad High Court's judgment that Section 37 of the Architects Act, 1972 only prohibits unregister...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...