Search Results for "Rule-making power"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "Rule-making power"

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Supreme Court

Supreme Court Allows State's Appeals in VAT Input Tax Credit Dispute — Rule 21(8) of Punjab VAT Rules Valid Despite Absence of Specific Enabling Provision in Parent Act at Time of Introduction. Input Tax Credit is a Facility, Not a Vested Right; State Can Restrict ITC on Stock-in-Trade to Reduced Tax Rate.

4 Mar 2025

The Supreme Court considered appeals by the State of Punjab against a High Court judgment that had struck down Rule 21(8) of the Punjab Value Added Ta...

High Court

Bombay High Court Dismisses Petitions Challenging Election Symbols Order for Local Body Elections. The Court held that the State Election Commission's order restricting use of national party symbols in local body elections was not ultra vires the Constitution and was within its rule-making power under Article 243K.

20 Oct 2023

The petitioners, including Minakshi Traders, Harish Bajaj, and Nagpur Tent House Association, filed writ petitions challenging an order dated 10.08.20...

High Court

Bombay High Court Allows Bank's Petition Challenging Joint Application Requirement for Refund of Court Fees in DRT — Rule 5 of Refund Rules Struck Down as Ultra Vires. The requirement of a joint application by the applicant and defendant for refund of court fees was held arbitrary and beyond the rule-making power under the Recovery of Debts and Bankruptcy Act, 1993.

9 Jun 2023

The petitioner, Yes Bank Limited, a bank governed by the Banking Regulation Act, 1949, had advanced a loan to a borrower who defaulted. The bank filed...

High Court

High Court of Karnataka Upholds Validity of No-Confidence Motion Rules Under Karnataka Gram Swaraj and Panchayath Raj Act, 1993. Rule 3(1), 3(2), and 3(4) of the Karnataka Gram Swaraj and Panchayath Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Grama Panchayath) Rules, 1994 held intra vires the parent Act.

19 Dec 2019

The petitioner, B.R. Siddaramu, was the Upadhyaksha (Vice President) of Gollahalli Grama Panchayat. He was aggrieved by a notice dated 26.08.2019 issu...

High Court

Bombay High Court Quashes Government Resolution Requiring 50% Marks for Teacher Appointments in Private Schools — Resolution Exceeds Rule-Making Power Under MEPS Act. The Court Held That the Government Cannot by Executive Order Prescribe Qualifications Beyond Those Specified in Schedule B of the MEPS Rules, 1981.

28 Aug 2019

The petitioners, three individuals, filed a writ petition challenging a Government Resolution dated 7-2-2019 and a Corrigendum dated 25-2-2019 issued ...

High Court

High Court of Karnataka Dismisses Writ Petitions Challenging Appellate Tribunal for Electricity's Notification on Appeal Filing Procedure. The court held that the notification prescribing a specific format for appeals under the Electricity Act, 2003 is not ultra vires and is within the Tribunal's rule-making power.

30 Jun 2014

The petitioner, Gulbarga Electricity Supply Company Limited, filed two writ petitions under Articles 226 and 227 of the Constitution of India challeng...

High Court

Bombay High Court at Goa Upholds Validity of Rule 5 of Goa Minor Mineral Concession (Amendment) Rules, 2002 — Declares Quarry Lease Valid Despite Deletion of Chapter III. Rule 5, which deleted Chapter III of the Goa Minor Mineral Concession Rules, 1985, is held intra vires Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957, as the State Government has power to make rules for grant of quarry leases in respect of land belonging to private persons.

10 Dec 2013

The petitioner, Smt. Maria Teresa Philomena D'Rocha Pegado, filed a writ petition before the Bombay High Court at Goa challenging the constitutional v...

High Court

High Court of Karnataka Dismisses PIL Challenging Notifications for District Consumer Forum Appointments, Directs State to Frame Rules Under Section 30(2) of Consumer Protection Act, 1986. The court held that while the notifications were not quashed, the State Government must frame rules for appointment procedure and remuneration to ensure transparency.

16 Jan 2013

The petitioners, four advocates, filed a public interest litigation under Articles 226 and 227 of the Constitution of India before the High Court of K...

Supreme Court

Supreme Court Upholds Conviction of Trader for Unlicensed Purchase of Pressed Cotton Bales under Bombay Agricultural Produce Market Rules, 1941 — Pressed Cotton Retains Identity as Agricultural Produce. Held that pressing cotton into bales does not alter its essential character as agricultural produce under Section 2 of the Act, and Rule 65 requiring a licence for purchases is validly made under Section 26.

15 Sep 1959

The case involved a criminal appeal by special leave against a judgment of the High Court of Judicature at Bombay, which had set aside an acquittal by...

High Court

Bombay High Court Dismisses Petition Challenging Bar Council Elections and Advocate Enrollment Rules. Court upholds Bar Council of India's power to prescribe enrollment conditions under Section 49 of Advocates Act, 1961 and rejects challenge to election process for lack of merit.

30 Nov -0001

The petitioner, Manubhai Paragji Vashi, an advocate aged about 79 years, filed a writ petition before the Bombay High Court challenging the election p...

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