Search Results for "unreasonable restriction"

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Search Results for "unreasonable restriction"

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Supreme Court

Supreme Court Sets Aside High Court Judgment Invalidating Co-operative Society Bye-laws on Maintainability and Validity Grounds. Writ Petitions Under Article 226 Were Not Maintainable Against Private Co-operative Societies as No Statutory Duty Was Breached and Alternative Remedy Existed Under the Rajasthan Co-operative Societies Act, 2001, and the Bye-laws Prescribing Eligibility Conditions for Election Contests Were Held Valid Under Section 8 Read with Schedule B.

10 Apr 2026

The dispute arose from writ petitions filed by Primary Milk Producers' Co-operative Societies challenging the validity of certain bye-laws framed by D...

Supreme Court

"Landmark Judgment on Property Rights and Public Welfare in Mumbai" "Balancing property ownership with the collective good under India's constitutional framework."

5 Nov 2024

The Supreme Court examined whether Chapter VIII-A of the MHADA Act aligns with the principles of Article 39(b) of the Indian Constitution, which aims ...

High Court

Supreme Court Allows Union's Appeals in Advance Authorization IGST Exemption Case. The Court upholds the pre-import condition as a valid policy measure to prevent double benefit and cash blockage, reversing the Gujarat High Court's decision.

10 Oct 2024

The case involves appeals by the Union of India against a Gujarat High Court judgment that set aside the mandatory 'pre-import condition' for claiming...

High Court

Bombay High Court Upholds Copyright Injunction Against Music Streaming Service in Interpretation of Section 31D of Copyright Act, 1957. The court held that a statutory license under Section 31D for radio broadcasting does not extend to internet streaming services like Wynk Music.

20 Oct 2022

The case involves two appeals by Wynk Ltd and Bharti Airtel Ltd (defendants) against an order of the Bombay High Court (SJ Kathawalla J) dated 23rd Ap...

High Court

Bombay High Court Strikes Down Rule 19(2) of Bombay Parole and Furlough Rules, 1959 as Unconstitutional — Mandatory One-Year Gap Between Parole Releases Violates Article 14 and 21. Rule 19(2) held arbitrary and irrational for imposing blanket bar without considering individual circumstances.

14 Mar 2019

The petitioner, Kantilal Nandlal Jaiswal, a life convict undergoing sentence for murder under Section 302 read with Section 149 IPC, along with other ...

High Court

Bombay High Court Dismisses Petition Challenging Validity of Clause 10(a) of Appendix III under DCR 33(7) for Redevelopment of Cessed Properties. The Court held that the requirement of 70% consent of occupants is a reasonable restriction and not violative of fundamental rights under Articles 14, 19(1)(g) and 300A of the Constitution.

20 Mar 2013

The petitioners, M/s. J. Gala Enterprises and its partner, purchased a property in 1992 comprising cessed and non-cessed structures with about 220 fam...

High Court

Bombay High Court Dismisses Petitions Challenging Port Trust Resolution Requiring Use of Port-Provided Labour. The resolution dated 25th June 2002 requiring stevedoring licensees to use labour provided by the Port Trust is valid under Section 42 of the Major Port Trusts Act, 1963, and does not violate Article 19(1)(g) of the Constitution.

11 Jan 2012

The judgment concerns two writ petitions filed in the Bombay High Court challenging a resolution dated 25th June 2002 and a subsequent communication d...

High Court

Bombay High Court Dismisses Occupier's Challenge to Deposit Condition in Property Tax Appeal. Section 217(5) of Mumbai Municipal Corporation Act, 1888 Allows Appellate Court to Impose Deposit Condition Despite Section 209(3) Limitation on Occupier's Liability.

21 Jul 2011

The petitioners, Dena Bank and its manager, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 26 March 2...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Case on Section 80IB(10) Deduction for Mixed-Use Housing Projects. The court held that prior to 1/4/2005, deduction under Section 80IB(10) of the Income Tax Act, 1961 is admissible to housing projects with commercial units, and the limit on commercial area applies prospectively.

22 Feb 2011

The case involves an appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) regarding the eligibility ...

High Court

Bombay High Court Dismisses Petition Challenging National Film Awards Regulations — Regulations 10(d) and 10(e) Requiring Film Format Release and CBFC Certification Upheld as Reasonable Classification Under Article 14 and Not Violative of Article 19(1)(a). The court held that the eligibility criteria for awards do not infringe freedom of speech and are rationally connected to the objective of promoting film art.

27 Jul 2006

The petitioners, Gaurav Ashwin Jani, Anand Patwardhan, and Simantini Dhuruv, filed a writ petition in the Bombay High Court challenging Regulations 10...

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