Search Results for "constitutional validity"

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Supreme Court Allows Priority to Secured Creditors Over Attached Assets in NSEL Scam Case. Secured Creditors Under SARFAESI Act and RDB Act Have Priority Over Attachments Under PMLA and MPID Act, and Moratorium Under IBC Does Not Bar Execution Against Properties Attached Under MPID Act.

The Supreme Court in this judgment addressed two priority questions of law arising from the NSEL scam, where the petitioner, National Spot Exchange Li...

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Supreme Court Quashes Gangster Act Proceedings for Lack of Violence Allegations and Non-Application of Mind. Definition of 'Gang' Under Section 2(b) of Uttar Pradesh Gangsters Act Requires Violence or Threat; Procedural Rules Mandate Independent Application of Mind by Authorities.

The Supreme Court allowed the appeals filed by Vinod Bihari Lal against the State of Uttar Pradesh and another, quashing the proceedings under the Utt...

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Supreme Court Reiterates State's Incompetence to Amend SC Lists. "Tanti Caste Merger with Scheduled Castes Declared Invalid; Benefits Claimed Under Erroneous Notification Rejected."

The Supreme Court set aside the High Court's decision, holding that the respondent, a Tanti caste member categorized as OBC, could not claim Scheduled...

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Supreme Court's Landmark Judgment: Balancing Fundamental Rights with Societal Interests. Ensuring Justice with Constitutional Safeguards.

The Supreme Court delivered a significant judgment addressing the interpretation and interplay of fundamental rights under Articles 14, 19, and 21 of ...

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GST on Advances for Future Supplies: Examining Constitutional Validity. Evaluating GST's application to unutilized advances and its constitutionality.

The L&T IHI Consortium, a collaboration between Larsen & Toubro Ltd. (L&T) and IHI Infrastructure Systems Co. Ltd., Japan, challenged the ...

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"Supreme Court's Landmark Judgment on Arbitrator Appointment in Public-Private Contracts" "Balancing Party Autonomy and Equality in Arbitration Proceedings"

The Supreme Court examined the validity of certain arbitration appointment procedures under the Arbitration and Conciliation Act, 1996. The judgment a...

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Resolving the Jurisdiction of Customs Officers and DRI under Customs Act, 1962.

The Supreme Court addressed the powers of Directorate of Revenue Intelligence (DRI) officers as "proper officers" under the Customs Act, specifically ...

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Supreme Court Upholds Constitutional Validity of Section 17(5)(d) of the CGST Act, Restricting Input Tax Credit on Construction of Immovable Property for Leasing. No ITC on Goods and Services Used in Construction for Leasing under Section 17(5)(d), Says Supreme Court.

The constitutional validity of Section 17(5)(d) of the Central Goods and Services Tax (CGST) Act, 2017, concerning the denial of Input Tax Credit (ITC...

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Constitutional Validity of Section 96(b) of the Cantonment Act Upheld in Mall Tax Case. Bombay High Court Dismisses SGS Infratech Limited’s Petition, Affirms the Requirement for Tax Pre-Deposit in Appeals

The Bombay High Court upheld the constitutional validity of Section 96(b) of the Cantonment Act, 2006, which mandates the deposit of disputed taxes a...

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Bombay High Court Upholds Restriction on Certificate of Practice to Fellow Members of Actuaries. Court Dismisses Petition Challenging Regulation 10 of 2017 and Section 12 of the Actuaries Act, 2006

The Bombay High Court dismissed the writ petition filed by Divvela Ramaiah and another petitioner, challenging the Institute of Actuaries of India's r...