Search Results for "Legislative Competence"

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Supreme Court

Supreme Court Dismisses Appeal in Telecom Infrastructure Charges Case Over Retrospective Application. Appellant's Circular Increasing Charges from 2009 Held Invalid as Yearly Payments Are Made Upfront, Making Retrospective Burden Unreasonable Under Interconnection Agreements.

22 Sep 2022

The dispute arose from appeals filed by Bharat Sanchar Nigam Ltd. challenging a judgment by the Telecom Disputes Settlement and Appellate Tribunal. Th...

Supreme Court

Supreme Court Upholds State Legislation on Gurdwara Management Under Entry 32 of List II. Haryana Sikh Gurdwara (Management) Act, 2014 Found Constitutionally Valid as It Pertains to Management of Religious Institutions Within State Legislative Competence.

20 Sep 2022

The dispute arose from the enactment of the Haryana Sikh Gurdwara (Management) Act, 2014 by the State of Haryana, which created a separate juristic en...

Supreme Court

Supreme Court Upholds Pharmacy Council of India's Moratorium on New Pharmacy Colleges Under Pharmacy Act, 1948. Regulatory Power to Impose Moratorium Valid as Reasonable Restriction Under Article 19(6) to Prevent Mushrooming Growth and Unemployment.

15 Sep 2022

The Supreme Court of India addressed appeals filed by the Pharmacy Council of India challenging judgments from the High Courts of Karnataka, Delhi, an...

Supreme Court

Supreme Court Upholds State Legislation on Internal Reservation for Backward Classes in Tamil Nadu - The Court reversed the High Court's declaration of unconstitutionality, holding that sub-classification within Most Backward Classes and Denotified Communities is permissible under Articles 15(4) and 16(4) of the Constitution of India, 1950, based on commission recommendations and historical data.

31 Mar 2022

The dispute arose from the Tamil Nadu Special Reservation of seats in Educational Institutions including Private Educational Institutions and of appoi...

Supreme Court

Supreme Court Sets Aside High Court Order Quashing Notification Declaring Gram Panchayat as Municipal Board - Constitutional Validity of State Notification Under Article 243Q Upheld. The Court held that Article 243Q of the Constitution does not mandate a separate notification by the Governor for specifying a transitional area, and the State's notification under Section 5 of the Rajasthan Municipalities Act, 2009, issued on behalf of the Governor, is sufficient and valid.

10 Mar 2022

The appeal arose from an order of the High Court of Judicature of Rajasthan dated 28.4.2015, which set aside a notification dated 12.8.2014 declaring ...

Supreme Court

Supreme Court Upholds State Transport Authority in Motor Vehicles Act Case on Vehicle Replacement Rule. Kerala Motor Vehicle Rule 174(2)(c) Validated as It Does Not Exceed Section 83 and Serves Public Safety by Prohibiting Older Vehicle Replacements.

17 Feb 2022

The Supreme Court of India addressed a dispute concerning the validity of Rule 174(2)(c) of the Kerala Motor Vehicle Rules, 1989, which allows the tra...

Supreme Court

Supreme Court Allows Appeal in Consumer Protection Case on Applicability of Deposit Condition Under Old Act. The court held that the appeal is governed by the Consumer Protection Act, 1986, as the right of appeal accrued before the 2019 Act came into force, and the deposit of ₹50,000 under Section 23 suffices for entertaining the appeal.

15 Feb 2022

The appeal arose from an order of the National Consumer Dispute Redressal Commission directing the appellant to pay a substantial sum with interest. T...

Supreme Court

Supreme Court Dismisses Appeals Challenging High Court's Declaration of Manipur Parliamentary Secretary Act as Unconstitutional Due to Lack of Legislative Competence. State Legislature Lacked Authority Under Article 194(3) to Create Parliamentary Secretary Offices, Rendering Both Enactment and Repeal Invalid Under Constitution of India.

1 Feb 2022

The dispute centered on the constitutional validity of the Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provi...

Supreme Court

Supreme Court Upholds Municipal Corporation in Water Tax Levy Under UP Water Supply and Sewerage Act, 1975 - Reverses Refund Order. Water and Sewerage Tax Imposed on Premises is Valid as Tax on Lands and Buildings Under Entry 49 of List II, Not a Fee, Under Section 52(1)(a) of the Act.

22 Oct 2021

The dispute arose from a writ petition filed by the first respondent, Pradeshiya Industrial and Investment Corporation, challenging the levy of water ...

Supreme Court

Supreme Court Allows Appeal in Electricity Duty Case Due to Statutory Interpretation. Levy Under Bihar Electricity Duty Act 1948 Not Applicable as Supply Was to Licensee, Not Consumer as Defined Under Sections 2(b) and 2(ee).

24 Sep 2021

The appeal arose from a judgment of the Patna High Court dated 18 September 2017, which declined to entertain a writ petition filed by the appellant, ...

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