Search Results for "unconstitutional provisions"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "unconstitutional provisions"

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High Court

Bombay High Court Dismisses Challenge to Section 479(2) of MMC Act, 1888 — License Fee Fixation by Commissioner Upheld. The court held that the power to fix fees is not unguided and does not violate Articles 14 or 19(1)(g) of the Constitution.

6 Apr 2026

The petitioners, Rushabh Outdoors (a partnership firm) and Vandana Borse (proprietress of M/s. Synnovation), challenged the constitutional validity of...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Termination Clause in Employment Contract. Clause 12(c)(ii) allowing termination without cause held not unconscionable or contrary to public policy under Section 23 of Indian Contract Act, 1872.

6 Oct 2016

The petitioner, Ms. Jayshree Gururaj, was appointed as Senior Director (Advanced Services) in Cisco Systems (India) Private Limited on 15 May 2012. He...

Supreme Court

Supreme Court Upholds Preventive Detention Order Beyond Three Months Under Preventive Detention Act, 1950. Interpretation of 'Such Detention' in Article 22(4)(a) of the Constitution Confirmed to Refer to Preventive Detention, Not Period of Detention.

24 May 1957

The case involved a constitutional challenge to an order of preventive detention under the Preventive Detention Act, 1950, as amended. The appellant, ...

High Court

Bombay High Court Considers PIL on Infrastructure of Judiciary; Examines Primacy of High Court's Recommendations for Additional Courts. Court Notes State Government's Delays and Insistence That Its Own Views Prevail, Highlighting Need for 867 Additional Courts and Special Courts for Vulnerable Groups.

11 Oct 2018

This public interest litigation was instituted by a chartered accountant, Vihar Durve, raising concerns about the infrastructure of the judiciary in t...

High Court

High Court of Karnataka Quashes Karnataka Registration of Births and Deaths (Amendment) Rules, 2022 as Ultra Vires the Registration of Births and Deaths Act, 1969. Substitution of 'Assistant Commissioner (Sub-Divisional Magistrate)' for 'Magistrate of the First Class or Presidency Magistrate' in Rule 9(3) was held to be beyond the rule-making power under Section 30 of the Act, as it conflicted with the specific mandate of Section 13(3) requiring a judicial order for delayed registrations beyond one year.

17 Apr 2023

The writ petition filed under Articles 226 and 227 of the Constitution of India challenged the validity of the Karnataka Registration of Births and De...

High Court

High Court of Karnataka Delivers Common Judgment in Batch of Writ Appeals Against Single Judge Order Dismissing Challenge to Land Acquisition under Karnataka Industrial Areas Development Act, 1966. The Appeals Concern the Validity of Acquisition Proceedings for an Industrial Area Based on Clearance Granted by State High Level Committee Before the Enactment of the Karnataka Industries (Facilitation) Act, 2002.

10 Apr 2026

The matter arose from a batch of writ appeals filed before the High Court of Karnataka against the common order dated 19.11.2012 of a learned Single J...

Supreme Court

Supreme Court Examines Legality of Arrest for Non-Furnishing of Written Grounds Under Article 22(1) and Section 47 BNSS. The Appeal Arises from High Court's Upholding of Arrest Despite Procedural Lapse, with the Supreme Court Considering the Mandatory Nature of the Requirement.

1 Jan 1970

The Supreme Court considered multiple criminal appeals involving the common question of law regarding the mandatory nature of furnishing grounds of ar...

Supreme Court

Supreme Court Quashes Criminal Complaint Against Company and Managing Director for Foreign Exchange Violations. Complaint Invalid as Director of Enforcement Failed to Comply with Proviso to Section 23D(1) of Foreign Exchange Regulation Act Requiring Finding that Penalty in Adjudication Proceedings Would be Inadequate; Prosecution Under Rule 132A Also Incompetent After Rule Was Omitted.

23 Jul 1969

The Rayala Corporation Pvt. Ltd. and its Managing Director, M.R. Pratap, appealed against a Madras High Court order that had dismissed their applicati...

High Court

Bombay High Court Strikes Down LIC Circular Imposing Assignment Charge on Finance Organizations as Ultra Vires Section 38 of Insurance Act, 1938. The court held that LIC cannot impose a charge on assignments of life insurance policies in favor of finance companies as it amounts to a restriction on the statutory right of assignment under Section 38.

19 May 2010

The petitioners, Dravya Finance Pvt. Ltd. (a Non-Banking Finance Company) and its director Hasmukh Rawal, challenged a Circular dated 24.4.2006 issued...

High Court

Bombay High Court Dismisses State's Petition Challenging Compassionate Appointment for Heirs of Employee Retired on Invalid Pension. Rule 80 Retirement and Exclusionary G.R. Held Arbitrary and Unconstitutional.

24 Oct 2018

The case involves a challenge by the State of Maharashtra against an order of the Maharashtra Administrative Tribunal (MAT) allowing the original appl...

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