Search Results for "unconstitutional provision"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Pr...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...

Search Results for "unconstitutional provision"

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High Court

Madras High Court Dismisses Challenge to Land Acquisition Under NH Act for Highway Widening — Removal of Difficulties Order 2015 Upheld. NH Act, 1956 prevails over 2013 Act; technical approval not a condition precedent for Section 3-A notification.

30 Jan 2025

The judgment concerns three writ petitions filed by landowners challenging the land acquisition proceedings for the four-laning of National Highway 74...

Supreme Court

"Landmark Judgment on Property Rights and Public Welfare in Mumbai" "Balancing property ownership with the collective good under India's constitutional framework."

5 Nov 2024

The Supreme Court examined whether Chapter VIII-A of the MHADA Act aligns with the principles of Article 39(b) of the Indian Constitution, which aims ...

Supreme Court

Supreme Court Upholds Union and State in Consumer Protection Rules Challenge, Reversing High Court's Striking Down of Qualification and Procedure Provisions. Rules 3(2)(b), 4(2)(c), and 6(9) of Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of President and Members of State Commission and District Commission) Rules, 2020 Found Not Arbitrary Under Article 14 of Constitution of India, as They Provide Sufficient Guidelines for Appointments to Consumer Commissions.

3 Mar 2023

The Supreme Court addressed appeals by the Ministry of Consumer Affairs, Union of India, and State of Maharashtra against a common judgment and order ...

Supreme Court

Supreme Court Dismisses Appeals Challenging High Court's Declaration of Manipur Parliamentary Secretary Act as Unconstitutional Due to Lack of Legislative Competence. State Legislature Lacked Authority Under Article 194(3) to Create Parliamentary Secretary Offices, Rendering Both Enactment and Repeal Invalid Under Constitution of India.

1 Feb 2022

The dispute centered on the constitutional validity of the Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provi...

Supreme Court

Supreme Court Upholds Landowners' Challenge to Tamil Nadu Land Acquisition Laws Revival Act, 2019 on Grounds of Separation of Powers and Constitutional Invalidity. The Court held that legislative revival of enactments declared unconstitutional due to repugnancy under Article 254 of the Constitution is impermissible without re-enactment and fresh Presidential assent, as it overrules judicial determination and violates constitutional limits.

29 Jun 2021

The Supreme Court of India, in a civil original jurisdiction writ petition, addressed a constitutional dispute concerning the separation of powers and...

High Court

Bombay High Court Dismisses Writ Petition Challenging Order Setting Aside Election of Councilor for Non-Disclosure of Criminal Cases. Failure to Disclose Pending Criminal Cases in Affidavit Under Section 5A of Maharashtra Municipal Corporations Act, 1949 Renders Election Void.

22 Jan 2018

The petitioner, Shri Rajendra Jayant Devalekar, was elected as a Councilor of the Kalyan-Dombivli Municipal Corporation in the 2015 elections. Respond...

High Court

Bombay High Court Dismisses Challenge to Contempt of Courts Act Provisions as Unconstitutional — Petitioner's Allegations of Violation of Natural Justice and Fundamental Rights Rejected. Court holds that Sections 2(c), 12, 14 and 15 of the Contempt of Courts Act, 1971 are not unconstitutional and that the contempt proceedings against the petitioner are not liable to be quashed.

4 May 2017

The petitioner, Satish Mahadeorao Uke, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking a dec...

High Court

Bombay High Court Upholds Constitutional Validity of Section 234E of Income Tax Act, 1961 — Levy of Fee for Late Filing of TDS Returns is Valid. The Court held that the fee under Section 234E is compensatory in nature and not a penalty, and does not violate Article 14 of the Constitution.

9 Feb 2015

The petitioners, a practising Chartered Accountant and others, filed a writ petition under Article 226 of the Constitution of India challenging the co...

High Court

Bombay High Court Allows Appeal Against Remand Order in Partnership Dispute — Unregistered Partnership Bar Under Section 69(2A) of Indian Partnership Act, 1932 Applies to Suit for Accounts and Dissolution. The court held that the trial court must frame and decide the preliminary issue of maintainability under Section 69(2A) before proceeding with the suit.

11 Jul 2011

The appeal arose from a suit filed by the plaintiff (Respondent No.1) against the defendants (Appellants) seeking accounts and dissolution of an unreg...

High Court

Bombay High Court Allows Interim Application in Suit for Declaration and Injunction — Dispute Over Ownership of Flat and Alleged Forged Power of Attorney. Court Restrains Respondent No.1 from Creating Third-Party Rights Over Flat Pending Trial, Holding That Prima Facie Case and Balance of Convenience Favor Applicant.

30 Nov -0001

The applicant, Santsaran Gursaran Advani Alias Papan Advani, filed a suit seeking declaration of ownership and permanent injunction against the respon...

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