Search Results for "Intra Vires"

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Supreme Court Reinstates Librarians Terminated Over Invalid Degrees from University Established Under Ultra Vires Act -- Prospective Overruling Principle Applied to Protect Pre-Judgment Qualifications

The Supreme Court allowed three civil appeals filed by librarians terminated by the State of Bihar. The appellants had obtained Bachelor of Library Sc...

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Bombay High Court Dismisses Petition Challenging SEBI Settlement Regulations and Rejection of Settlement Proposal. Internal Committee's Power to Impose Conditions Precedent Upheld as Valid and Not Ultra Vires.

The petitioners, Abans Enterprises Ltd. and its promoter Abhishek Bansal, challenged the validity of regulations 6(1)(f) and 13(2)(ba) of the Securiti...

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"Supreme Court Clarifies Legislative Competence on Alcohol Regulation: Potable vs Industrial Alcohol" "A landmark judgment addressing the scope of State and Union powers on regulating alcohol under the Indian Constitution."

The Supreme Court of India revisited the legislative competence concerning the regulation of alcohol under the Constitution. The court examined whethe...

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Bombay High Court Upholds Maharashtra RTE Amendment Rules 2024 Exempting Private Unaided Schools Near Government/Aided Schools from 25% Quota. The Amendment Rules are held intra vires the RTE Act and Constitution, as they promote efficient resource allocation and prevent duplication of facilities.

The Bombay High Court dismissed a batch of petitions challenging the Maharashtra Right of Children to Free and Compulsory Education (Amendment) Rules,...

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Supreme Court Allows Appeal in CRPF Compulsory Retirement Case — Punishment Valid Under Rules. Compulsory Retirement Held to Be a Species of Removal Permissible Under Section 11 of CRPF Act Read with Rule 27 of CRPF Rules.

The case involves an appeal by the Union of India and CRPF authorities against the judgment of the Orissa High Court, which had set aside the punishme...

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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.

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...

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High Court of Karnataka Dismisses Challenge to Rule 5 of Hot Re-rolling Mills Annual Capacity Determination Rules, 1997 by Steel Company. Rule 5 held valid and intra vires the Central Excise Act, 1944, and determination orders upheld.

The petitioners, Bhuwalka Steel Industries Limited and its Chairman & Managing Director, filed a writ petition under Articles 226 and 227 of the Const...

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Bombay High Court Allows Appeal by Revenue in Central Excise Case — Notification No.42/98 CE (NT) Held Valid. Tribunal Erred in Holding Notification Ultra Vires for Lack of Previous Publication Under Section 3A of Central Excise Act, 1944.

The appeal was filed by the Commissioner of Central Excise, Mumbai against the order of the Customs, Excise & Service Tax Appellate Tribunal (West Zon...

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Supreme Court Upholds Union of India in Section 17A Challenge — Prior Approval Requirement for Investigating Public Servants is Constitutionally Valid. Read Down to Mandate Independent Screening; Lokpal to Approve for Covered Public Servants.

The writ petition was filed by the Centre for Public Interest Litigation challenging the constitutional validity of Section 17A of the Prevention of C...