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Supreme Court Upholds Union of India in Section 17A Challenge — Prior Approval Requirement for Investigating Public Servants is Constitutionally Valid. Read Down to Mandate Independent Screening; Lokpal to Approve for Covered Public Servants.

The writ petition was filed by the Centre for Public Interest Litigation challenging the constitutional validity of Section 17A of the Prevention of C...

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Bombay High Court Dismisses Petition Challenging Distance Requirement Between General and Hazardous Cargo at Container Freight Stations. Circular 4/2011 and Public Notice 8/2011 prescribing 30-meter distance held valid under Customs Act, 1962 and Environment (Protection) Act, 1986.

The petitioner, M/s. CFS Association of India, representing eleven Container Freight Stations (CFS) handling nearly 80% of local container cargo at Nh...

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Supreme Court Examines Appeals Concerning Kudankulam Nuclear Power Plant, Addressing Safety and Regulatory Measures Under Atomic Energy Act, 1962. The Court Deliberates on Balancing National Energy Policy with Public Apprehensions Stemming from Past Nuclear Incidents.

The case centers on appeals related to the establishment of a nuclear power plant at Kudankulam in Tamil Nadu. The judgment begins by acknowledging th...

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Supreme Court Partially Strikes Down FCRA Amendment Act 2020 — Ban on Transfer of Foreign Funds and Mandatory Aadhaar Held Unconstitutional. The court upheld the requirement of a single FCRA account at SBI New Delhi as a reasonable regulatory measure to prevent misuse of foreign funds.

The judgment deals with a batch of writ petitions challenging the constitutional validity of certain amendments made to the Foreign Contribution (Regu...

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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...

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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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Supreme Court Upholds Uttar Pradesh Board of Madarsa Education Act, 2004 as Valid Regulatory Legislation. High Court erred in striking down entire Act; provisions conflicting with UGC Act are severable.

The Supreme Court considered appeals against the Allahabad High Court's judgment striking down the Uttar Pradesh Board of Madarsa Education Act, 2004 ...

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Bombay High Court Quashes IBBI Circular as Ultra Vires in Insolvency Professional Regulation — Circular Purporting to Clarify Regulation 4(2)(b) of LP Regulations Held to Be an Impermissible Retrospective Amendment.

The petitioner, Amit Gupta, a chartered accountant and registered insolvency professional, challenged a circular dated 28 September 2023 issued by the...