Search Results for "constitutionality"

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Bombay High Court Dismisses PIL Challenging Election Symbols Order and RP Act Provisions. Classification of Political Parties into Recognized and Unrecognized Held Valid Under Article 14.

The petitioner, Mr. Mrinall Shashi Shekhar Chakravorty, a social worker and businessman, filed a Public Interest Litigation (PIL) before the Bombay Hi...

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Bombay High Court Dismisses PIL Challenging Definition of Loan Under Maharashtra Money-Lending Act. Classification Between Interest-Free Advances and Loans at Interest Held Not Arbitrary Under Article 14.

The petitioner, Fauzan Shaikh, filed a Public Interest Litigation before the Bombay High Court challenging the constitutional validity of clauses (j) ...

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Bombay High Court Allows Appeal in Guardianship Case — Child's Welfare Paramount. Consent of Biological Parents and Child's Best Interests Justify Granting Guardianship to Prospective Adoptive Parents Under Guardians and Wards Act, 1890.

The case involves an appeal against an order of a learned single Judge dated 30th November 2004 dismissing the appellants' petition for guardianship. ...

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Bombay High Court Allows Refund of ESI Contributions Paid Under Mistake of Law — Employer Entitled to Restitution Under Section 72 of Indian Contract Act. Mistake of Law Does Not Bar Claim for Refund Under Section 75 of ESI Act, 1948.

The petitioners, M/s. Indian Hotels Co. Limited (owner of Taj Mahal Hotel and Taj Intercontinental) and its shareholder, filed a writ petition seeking...

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Bombay High Court Dismisses LIC's Challenge to Maharashtra Increase in Land Revenue Act. Non-agricultural land in Greater Bombay is subject to the Act, and Section 3 is constitutionally valid.

The petitioner, Life Insurance Corporation of India (LIC), a statutory corporation constituted under the Life Insurance Corporation of India Act, 1956...

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Bombay High Court Upholds Constitutional Validity of Development Charge Levy in Maharashtra Regional and Town Planning Act. The court held that the levy is a fee for services rendered and not a tax, and the amendment is within legislative competence.

The petitioners, The Solapur Promoters and Builders Association Society and another, challenged the constitutional validity of the Maharashtra Regiona...

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Bombay High Court Dismisses Challenge to Section 37(1AA) of MRTP Act in Constitutional Validity Case. Court Holds That State's Power to Modify Development Plans Does Not Violate 74th Amendment or Article 243W.

The petitioners, residents of Mumbai, filed a writ petition under Article 226 of the Constitution challenging the constitutional validity of Section 3...

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Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...