Search Results for "unconstitutionality"

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Search Results for "unconstitutionality"

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Supreme Court

Supreme Court Acquits Accused in Employees' State Insurance Act Case Due to Insufficient Evidence on Principal Employer Role and Non-Deposit of Contributions. Conviction under Section 85(i)(b) of Employees' State Insurance Act, 1948 Set Aside as Prosecution Failed to Prove Accused Deducted and Failed to Deposit ESI Contributions from Employees' Wages.

17 Apr 2025

The appeal arose from a criminal conviction under the Employees' State Insurance Act, 1948. The appellant, along with the company, was accused of fail...

Supreme Court

Supreme Court Dismisses Petition by Retired Employees in Pension Scheme Dispute, Upholding State's Authority to Repeal Welfare Measure with Cut-off Date. Denial of Pensionary Benefits Under Himachal Pradesh Corporate Sector Employees Scheme, 1999, After Repeal on 02.12.2004, is Valid as It Does Not Alter Accrued Rights Under Employees' Provident Fund Scheme, 1995.

16 Apr 2025

The dispute involved three retired officers of the Himachal Pradesh State Forest Development Corporation Limited, a state-owned entity, who filed a pe...

Supreme Court

Supreme Court Dismisses Writ Petition Challenging Delimitation Commission for Jammu and Kashmir Union Territory. Delimitation Exercise Upheld as Valid Under Jammu and Kashmir Reorganisation Act, 2019, with Constitutional Provisos Inapplicable to Union Territories.

13 Feb 2023

The writ petition under Article 32 of the Constitution of India challenged the legality and validity of constituting a Delimitation Commission for the...

Supreme Court

Supreme Court Remands Excise Dispute to High Court for Comprehensive Adjudication on Natural Justice and Statutory Validity Issues. High Court Erred in Limiting Decision to Vires of Section 9-D Without Applying Principles to Department's Actions Under Central Excise and Salt Act, 1944.

9 Feb 2023

The appeals arose from a judgment and order dated 28th August 2009 by the Delhi High Court, which disposed of five writ petitions challenging actions ...

Supreme Court

Supreme Court Partially Upholds Section 10(26AAA) of Income Tax Act, 1961 in Sikkim Tax Exemption Challenge. Gender-Based Proviso Denying Exemption to Sikkimese Women Marrying Non-Sikkimese Struck Down as Unconstitutional.

13 Jan 2023

The judgment concerns a writ petition under Article 32 challenging the constitutional validity of Section 10(26AAA) of the Income Tax Act, 1961, which...

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 Allows Bangalore Development Authority's Appeal in Site Allotment Pricing Dispute, Setting Aside High Court Order. Court Holds Respondents Bound by Terms of 1988 Notification They Consented To, Distinguishing Precedent on Factual Grounds Under Rule 12 of Bangalore Development Authority (Allotment of Sites) Rules, 1984.

9 Mar 2022

The dispute involved site allotments by the Bangalore Development Authority under notifications dated 10.03.1988 and 15.10.1988. Respondents had initi...

Supreme Court

Supreme Court Quashes Confiscation Order in M.P. Prohibition of Cow Slaughter Act Case After Acquittal. Confiscation of Vehicle Under Section 11(5) is Unjustified When Criminal Charges Are Not Proved, as the Act Lacks a Non-Obstante Clause Ousting Jurisdiction of Criminal Courts.

4 Mar 2022

The dispute arose from the confiscation of a truck under the M.P. Prohibition of Cow Slaughter Act, 2004, after the accused persons, including the tru...

Supreme Court

Supreme Court Allows State Appeal in Compassionate Appointment Case — Amendment Not Retrospective. Unmarried Brother of Deceased Unmarried Female Government Servant Not Entitled to Appointment Under Pre-Amendment Rules.

16 Dec 2021

The case concerns an appeal by the State of Karnataka against an order of the Karnataka High Court which upheld a decision of the Karnataka State Admi...

Supreme Court

Supreme Court Sets Aside Interim Bail Granted by High Court in MCOCA Case, Condemns Forum Shopping. The Court held that granting bail in a writ petition challenging vires of MCOCA provisions, after withdrawal of a regular bail application, amounts to impermissible forum shopping.

21 Sep 2021

The Supreme Court of India heard an appeal by the State of Maharashtra against an interim order of the Bombay High Court granting bail to the responde...

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