Search Results for "Unconstitutional"

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Supreme Court Clarifies Arrest Powers Under Customs Act and GST Acts: Safeguards and Judicial Review. Balancing Individual Liberty and State Authority in Tax Evasion Cases

Arrest Powers Under Customs Act and GST Acts:-- The Supreme Court upheld the constitutional validity of arrest provisions under the Customs Act, 1962...

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Retrospective Effect of Unconstitutional Provisions – Arbitral Tribunal Directed to Reconsider Solatium – Judicial Discretion Under Section 34(4) of Arbitration and Conciliation Act, 1996 Upheld

National Highways Act, 1956 – Section 3(J) Declared Unconstitutional – Arbitral Award Remitted for Solatium Consideration – Writ Petition Dismis...

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Supreme Court Modifies Expulsion of Bihar MLC to Suspension, Reinstates Dr. Sunil Kumar Singh – Proportionality in Legislative Punishment Under Scrutiny. Court Invokes Article 142 to Ensure Proportionality in Legislative Discipline, Reinstates Petitioner After 7 Months of Expulsion

Maintainability of Writ Petition: The Court held that the Writ Petition is maintainable as Article 212(1) does not bar judicial review of legislative...

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Supreme Court Upholds High Court’s Decision – Rule 21(8) of Punjab VAT Rules Cannot Be Applied Retrospectively Without Statutory Sanction

The Supreme Court dismissed the appeal, upholding the High Court’s decision. Held that Rule 21(8) of the Punjab VAT Rules could not be applied r...

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Reserved Category Candidates Cannot Migrate to Unreserved Category After Availing Concession in TET/CTET: Bombay High Court. Bombay High Court Upholds Merit-Based Standards in Teacher Recruitment, Bars Reserved Category Candidates from Unreserved Migration After Concession in TET/CTET

Reserved Category Candidates – Candidates from reserved categories who availed a 5% concession in TET/CTET to meet the eligibility criteria of 60% m...

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Right to Fair Compensation—State's Duty in Land Acquisition—Constitutional Protection under Article 300A. Compulsory Acquisition—Delay in Compensation—State and Municipal Corporation Directed to Expedite Proceedings and Pay Interim Compensation

Right to property under Article 300A includes fair compensation and a prompt acquisition process. State's failure to adhere to statutory timelines in...

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Supreme Court upheld High Court’s ruling that service tax on lottery distributors is unconstitutional under Entry 62, List II of the Constitution of India.

Constitution of India, 1950 – Article 246, Article 248, Entry 62 List II – Finance Act, 1994 – Lotteries (Regulation) Act, 1998 – The Supreme ...

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Delegation of Transport Permits Upheld. Supreme Court validates repeal of the Karnataka Contract Carriages (Acquisition) Act, 1976 and upholds the delegation of permit-granting powers to the Secretary, STA.

Validity of the 2003 Repeal Act – Upheld. The Supreme Court ruled that the Karnataka Legislature had full competence to repeal the 1976 Act without ...

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Rights of Persons with Disabilities – Reasonable accommodation in examinations – Facility of scribe and compensatory time extended to all disabled candidates.

Constitution of India, 1950 – Article 32 – Writ jurisdiction invoked for enforcing rights under the Rights of Persons with Disabilities Act, 2016 ...