Search Results for "Intra Vires"

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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 Affirms Need for Minority Establishment in AMU’s Minority Status Dispute" AMU’s Minority Status Under Scrutiny: Establishment by Legislature Versus Minority Founding Rights

The Supreme Court judgment in Aligarh Muslim University v. Naresh Agarwal & Ors. primarily deals with the issue of minority rights in education, f...

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Supreme Court Upholds State Legislation on Gurdwara Management Under Entry 32 of List II. Haryana Sikh Gurdwara (Management) Act, 2014 Found Constitutionally Valid as It Pertains to Management of Religious Institutions Within State Legislative Competence.

The dispute arose from the enactment of the Haryana Sikh Gurdwara (Management) Act, 2014 by the State of Haryana, which created a separate juristic en...

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High Court of Karnataka Quashes Clarification and Declares CGST Rule 31A(3) Ultra Vires in Favor of Turf Clubs. GST Liability on Betting Amount Limited to Commission Retained, Not Entire Totalisator Collection, Under CGST Act, 2017.

The two writ petitions were filed by Bangalore Turf Club Limited and Mysore Race Club Limited, companies conducting horse racing and facilitating bett...

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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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Supreme Court Upholds Compulsory Retirement Order of Government Servant Under Rule 165-A as Not Dismissal and Not Requiring Compliance with Article 311(2) of the Constitution. Compulsory Retirement Order Upheld as Valid Under Rule 165-A, Service Rules Not Violative of Article 311(2).

The case involved a government servant who was compulsorily retired from service under Rule 165-A of the Bombay Civil Services Rules, as applicable to...

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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...