Search Results for "constitutionality"

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Bombay High Court Allows Public Interest Litigation and Quashes Sedition Charge Against Cartoonist. Freedom of Speech and Expression Under Article 19(1)(a) Protects Political Satire and Cartoons Unless They Incite Violence or Public Disorder.

The present Public Interest Litigation was filed by Sanskar Marathe, a practicing advocate, challenging the arrest of Assem Trivedi, a political carto...

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Bombay High Court Confirms Death Sentence for Accused in Rape and Murder of Two-Year-Old Child. The court upheld the conviction under Section 302 IPC, Section 376A IPC, and Section 6 of POCSO Act, finding the crime to be in the 'rarest of rare' category.

The case involves the confirmation of a death sentence and an appeal against conviction for the rape and murder of a two-year-old child. The incident ...

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Bombay High Court Upholds Maharashtra Fire Prevention Act, 2006 as Constitutionally Valid. Levy of fire prevention fee under Section 12 is a fee, not a tax, and the Act is within legislative competence.

The petitioners, Vidarbha Taxpayers Association and a citizen, filed a Public Interest Litigation challenging the constitutional validity of the Mahar...

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Bombay High Court Quashes Tribunal Order for Ignoring Binding Precedent in Section 14A Disallowance Case. Tribunal's refusal to follow earlier decision of the same court on identical issue held to be a jurisdictional error warranting interference under Article 226.

The petitioner, HDFC Bank Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 23 September ...

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Bombay High Court Allows Union of India's Petition Challenging CAT Direction to Consider Compassionate Appointment for Son of Deceased Railway Employee. CAT Erred in Refusing to Follow Railway Board Circular on Second Marriage as Upheld by Bombay High Court.

The Union of India (Railways) filed a writ petition challenging orders dated 6 March 2014 and 26 August 2014 of the Central Administrative Tribunal (C...

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Bombay High Court Dismisses Petition Challenging Domicile Requirement for Minority Quota Admissions. Clause 18(18) of Information Brochure requiring minority candidates to attach Domicile Certificate for CAP held valid and not violative of Articles 14 and 30 of the Constitution.

The petitioners, Oslen A. Dsilva and another, claiming to be students belonging to minority communities, filed a writ petition in the Bombay High Cour...

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Bombay High Court Allows Writ Petition of Teacher Dismissed for Lack of Qualification, Holds Termination Void for Non-Compliance with Natural Justice and Section 5 of M.E.P.S. Act, 1977. Termination Order Issued Without Notice or Authority Set Aside, Petitioner Entitled to Reinstatement with Back Wages.

The petitioner, Smt. Mangala d/o Keshav Mule, was appointed as an Assistant Teacher on 01.06.1987 by the Manav Samaj Unnati Mandal, a private school. ...

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Bombay High Court Dismisses Petition Challenging Applicability of Biological Diversity Rules to Indian Entities. Rule 17 of Biological Diversity Rules, 2004 and Benefit Sharing Regulations Apply to All Entities, Not Just Foreign Entities.

The petitioners, comprising an association of Ayurvedic drug manufacturers and individual companies, filed a writ petition under Article 226 of the Co...

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Bombay High Court Dismisses Petition Challenging Working Hours Provisions of Motor Transport Workers Act. Provisions Permitting Extended Hours and Spread Over Upheld as Reasonable and Not Violative of Articles 14 and 21.

The petitioner, BEST Worker's Union, claiming to be an approved representative union for employees of Brihanmumbai Electric Supply and Undertaking (BE...

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Bombay High Court Dismisses Petition Challenging Working Hours Provisions in Motor Transport Workers Act. Court upholds sections 13 and 16 of Motor Transport Workers Act, 1961 as constitutionally valid and not violative of Articles 14 and 21.

The petitioner, BEST Worker's Union, claiming to be an approved and representative union for employees in the transport section of Brihanmumbai Electr...