Search Results for "manifest arbitrariness"

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Supreme Court Upholds Dismissal of Constable for Dual Appointment and Forgery in...
Supreme Court Alters Conviction from Murder to Attempt to Murder in Absence of C...
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Supreme Court Dismisses Appeals of Para-Teachers Seeking Regularisation in Jhark...
Supreme Court Allows Appellant in Karnataka SC/ST Land Transfer Case Due to Lach...

Search Results for "manifest arbitrariness"

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Supreme Court

Supreme Court Upholds Landowners' Challenge to Tamil Nadu Land Acquisition Laws Revival Act, 2019 on Grounds of Separation of Powers and Constitutional Invalidity. The Court held that legislative revival of enactments declared unconstitutional due to repugnancy under Article 254 of the Constitution is impermissible without re-enactment and fresh Presidential assent, as it overrules judicial determination and violates constitutional limits.

29 Jun 2021

The Supreme Court of India, in a civil original jurisdiction writ petition, addressed a constitutional dispute concerning the separation of powers and...

Supreme Court

Supreme Court Directs Central Government to Review COVID-19 Vaccination Policy for Equitable Access in Suo Motu Proceedings. The Court scrutinized the Liberalized Vaccination Policy under constitutional principles, highlighting issues of differential pricing and federal balance, and ordered reconsideration to protect public health rights.

31 May 2021

The Supreme Court of India initiated a suo motu writ petition on 22 April 2021 to address the management of the COVID-19 pandemic during its second wa...

Supreme Court

Supreme Court Upholds Assessee in Income Tax Act Case Due to Arbitrary Stay Provision. The Third Proviso to Section 254(2A) of the Income Tax Act, 1961, Was Struck Down as It Automatically Vacated Stay Orders After 365 Days Without Considering Assessee's Responsibility for Delay, Violating Article 14 of the Constitution of India.

6 Apr 2021

The Supreme Court of India addressed a batch of civil appeals concerning the constitutional validity of the third proviso to Section 254(2A) of the In...

Supreme Court

Supreme Court Strikes Down Section 87 of Arbitration Act as Unconstitutional — Automatic Stay of Arbitral Awards Revived by 2019 Amendment Held Arbitrary and Violative of Article 14. The court held that the provision reintroducing automatic stay upon filing of a Section 34 application is manifestly arbitrary and contrary to the object of the 2015 Amendment Act.

27 Nov 2019

The judgment concerns a batch of writ petitions challenging the constitutional validity of Section 87 of the Arbitration and Conciliation Act, 1996, i...

Supreme Court

Supreme Court Allows Union of India's Appeals in National Highways Act Acquisition Cases — Non-Grant of Solatium and Interest Upheld. The Court held that Section 3J of the National Highways Act, 1956, excluding solatium and interest under the Land Acquisition Act, 1894, is not violative of Article 14 of the Constitution.

3 Sep 2019

The Supreme Court, in a batch of appeals filed by the Union of India and the National Highways Authority of India (NHAI), considered the validity of t...

Supreme Court

Supreme Court Allows Union of India's Appeals in National Highways Act Land Acquisition Cases — Section 3J Not Violative of Article 14. The Court held that the non-grant of solatium and interest under the National Highways Act, 1956 is not discriminatory and the Act is a complete code.

9 Aug 2019

The Supreme Court, in a batch of appeals filed by the Union of India, considered the validity of the non-grant of solatium and interest under the Nati...

Supreme Court

Supreme Court Upholds Constitutional Validity of Sections 35AA and 35AB of Banking Regulation Act, 1949 and RBI Circular on Stressed Assets Resolution. The Court held that the RBI circular dated 12.02.2018 is valid and not arbitrary, and that the requirement of 100% lender consent for restructuring and mandatory IBC reference for large accounts is within RBI's powers.

2 Apr 2019

The present batch of petitions and transferred cases challenged the constitutional validity of Sections 35AA and 35AB of the Banking Regulation Act, 1...

Supreme Court

Supreme Court Upholds Age Limit and Recruitment Interval Rules for Uttar Pradesh Higher Judicial Service. Rules 8(1) and 12 of UPHJS Rules, 1975 Held Valid as Not Manifestly Arbitrary Under Articles 14 and 16.

29 Jan 2019

The Supreme Court considered the constitutional validity of Rules 8(1) and 12 of the Uttar Pradesh Higher Judicial Service Rules, 1975. The petitioner...

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