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Search Results for "ultra vires delegation"

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Supreme Court

Supreme Court Upholds Validity of Section 17(2)(viii) of Income Tax Act and Rule 3(7)(i) of Income Tax Rules in Bank Employee Loan Perquisite Case. Delegation of Power to Prescribe Fringe Benefits Held Not Excessive and Use of SBI Prime Lending Rate as Benchmark Upheld as Non-Arbitrary.

7 May 2024

The Supreme Court, in a common judgment, dismissed appeals filed by staff unions and officers' associations of various banks challenging the constitut...

Supreme Court

Supreme Court Dismisses Appeal Challenging Validity of Rule 9(3)(b) of Chartered Accountants' Rules, 2007. The Court upheld the Board of Discipline's power to refer a matter to the Disciplinary Committee under Rule 9(3)(b), finding it consistent with Section 21A(4) of the Chartered Accountants Act, 1949, and within the rule-making authority under Section 29A.

8 Feb 2024

The dispute originated from a complaint filed by Bank of Rajasthan Limited against M/s Ramesh C. Agrawal & Co., an audit firm engaged to conduct audit...

Supreme Court

Supreme Court Upholds Penalty for Excess Load Consumption as Unauthorised Use of Electricity Under Section 126 of Electricity Act, 2003 — Assessment at Twice the Higher Tariff Applicable for the Category of Use, Not Consumer's Category. The court held that consumption in excess of connected load constitutes unauthorised use under Explanation (b)(iv) and assessment under Section 126(6) must be at twice the tariff for the category for which electricity was unauthorisedly used.

9 Dec 2022

The case involves a batch of appeals by the Kerala State Electricity Board (KSEB) against a judgment of the Kerala High Court which held that for unau...

Supreme Court

Supreme Court Allows Appeal Against Single L-1BF License for Imported Foreign Liquor in Haryana — Rule 24(i-eeee) Held Ultra Vires Punjab Excise Act, 1914. State Government's Exclusive Power Under Section 58(2)(e) to Regulate Licenses in Local Areas Cannot Be Delegated to Financial Commissioner.

12 Feb 2019

The appellant, International Spirits and Wines Association of India, challenged Rule 24(i-eeee) of the Haryana Liquor License Rules, 1970, as amended ...

Supreme Court

Supreme Court Allows Appeal Against Single L-1BF License for Imported Foreign Liquor in Haryana. Rule 24(i-eeee) of Haryana Liquor License Rules, 1970 Held Ultra Vires Punjab Excise Act, 1914 as State Government Cannot Delegate Power to Determine Number of Licenses for Entire State.

12 Feb 2019

The appellant, International Spirits and Wines Association of India, challenged Rule 24(i-eeee) of the Haryana Liquor License Rules, 1970 (as amended ...

Supreme Court

Supreme Court Allows NDMC Appeals in Property Tax Dispute — Upholds Unit Area Method as Valid. The impugned Bye-laws are not ultra vires the NDMC Act, 1994, as they fall within the rule-making power under Section 388 and are consistent with Section 63.

30 Jan 2019

The Supreme Court allowed the appeals filed by the New Delhi Municipal Council (NDMC) against the Delhi High Court judgment dated August 10, 2017, whi...

High Court

Bombay High Court Quashes Delegation of Powers by Municipal Corporation to Standing Committee and Commissioner — Ultra Vires the Maharashtra Municipal Corporations Act, 1949. General Body Cannot Delegate Its Statutory Powers to Subordinate Bodies Without Express Authority.

20 Feb 2018

The petitioner, Yogesh Mangalsen Bahal, challenged a resolution passed by the General Body of the Pimpri Chinchwad Municipal Corporation on 20 June 20...

High Court

Bombay High Court Dismisses Petitions Challenging Eviction Orders Under BPMC Act — Delegation of Quasi-Judicial Powers Under Section 69 Not Permissible for Section 81B Evictions. The Court held that eviction orders under Section 81B of the BPMC Act require specific delegation and cannot be delegated under the general power of Section 69, but found the orders valid as the officer was duly delegated.

2 Nov 2012

The petitioners were evicted from municipal premises under Chapter VIII-A of the Bombay Provincial Municipal Corporation's Act, 1949 (BPMC Act). The e...

Supreme Court

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.

12 Apr 2012

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...

Supreme Court

Supreme Court Upholds Constitutional Validity of Gold (Control) Act, 1968 with Partial Striking Down. Court holds delegation of power to Administrator not excessive and applies severability doctrine to sever ultra vires provisions.

30 Apr 1969

The case arose from a constitutional challenge to the Gold (Control) Act, 1968, enacted to curb gold smuggling and control internal gold transactions ...

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