Search Results for "Intra Vires"

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Supreme Court Upholds Reinstatement of Medically Invalidated CRPF Constable in Service Law Case — Employer Must Consider Alternative Employment Before Medical Invalidation. Medical Invalidation Without Exploring Alternative Post Violates Right to Livelihood Under Article 21 of Constitution.

The case involves an appeal by the Union of India and CRPF officers against the High Court of Himachal Pradesh's order reinstating a constable (driver...

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Bombay High Court Upholds Validity of Rule 17(2) of the PAN Rules, 2019 in GST Registration Cancellation Case. Rule requiring PAN Aadhaar linking for GST registration revival is intra vires the Finance Act, 2017 and not violative of Article 14 or Article 19(1)(g) of the Constitution.

The petitioners, Raju Laxman Pachhapure and Amit Pramod Minache, filed two writ petitions under Article 226 of the Constitution of India challenging t...

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Supreme Court Allows Revenue's Appeals in Central Sales Tax Case — No Time Limit for Delivery Under Section 6(2) of CST Act. Circulars Imposing Timeframe for Taking Delivery from Carrier Quashed as Ultra Vires.

The Supreme Court dealt with four civil appeals involving a common question of law under Sections 3 and 6 of the Central Sales Tax Act, 1956 (CST Act)...

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Karnataka High Court Dismisses Writ Appeals Challenging Reservation in Promotion for Hyderabad-Karnataka Region Under Article 371J. The Court Held That Article 371J(1)(b) and (c) Include Reservation in Promotion for Local Candidates in Public Services.

The appellants, Smt. A.S. Vimalakshi and Sri R. Shivakumar, were employees of the Karnataka Legislative Assembly Secretariat. They filed writ petition...

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High Court of Karnataka Dismisses Challenge to Rule 8(1)(a) of Minerals Concession Rules, 2016 by Mining Lessees. Rule requiring prior approval for transfer of mining leases for minerals not in First Schedule to MMDR Act held intra vires and not inconsistent with Section 10A(2)(c) of Amendment Act 2015.

The petitioners, holders of mining leases for minerals not specified in the First Schedule to the Mines and Minerals (Development and Regulation) Act,...

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High Court of Karnataka Dismisses Writ Appeals Challenging TDS Provisions — Upholds Constitutional Validity of Sections 194C, 194J, and 206AA of Income Tax Act, 1961. The court held that the provisions are not arbitrary or discriminatory and that TRACES is a valid administrative mechanism.

The case involves a batch of writ appeals filed by various assessees, including individuals and companies, challenging the constitutional validity of ...

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Bombay High Court Delivers Judgment on Challenge to Disqualification of Councillors for Defying Party Whip. The Court Examines Whether the Collector's Order Disqualifying Councillors Under Section 3(1)(b) of Maharashtra Local Authority Members' Disqualification Act, 1986 Was Legally Sustainable.

The case arose from the election of the President of Ausa Municipal Council after the post fell vacant due to the resignation of the sitting President...