Search Results for "Constitutional Validity"

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Supreme Court

Supreme Court Dismisses Trade Union's Petition Against Disinvestment of Government Shareholding in Public Sector Undertaking. Disinvestment Policy Upheld as Within Executive Domain, and Previous Litigation Barred Re-agitation Under Res Judicata in Public Interest Litigation Under Article 32 of Constitution.

18 Nov 2021

The National Confederation of Officers Association of Central Public Sector Enterprises, a trade union registered under the Trade Unions Act 1926, alo...

Supreme Court

Supreme Court Sets Aside High Court Judgment on Judicial Seniority List and Remands for Fresh Determination. High Court Erred in Relying on Unargued Precedent in Ashok Kumar Case While Invalidating Gradation List Under Jammu and Kashmir Reservation Rules, 2005, Rule 5 for Promotion to Civil Judge (Senior Division).

17 Nov 2021

The dispute originated from a gradation list prepared for Judicial Magistrates appointed after the Jammu and Kashmir Civil Services (Judicial) Examina...

Supreme Court

Supreme Court Allows Bail for Accused in UAPA Case Due to Lack of Prima Facie Evidence and Prolonged Incarceration. Court Holds That Statutory Restrictions Under Section 43D(5) of Unlawful Activities (Prevention) Act, 1967 Do Not Oust Constitutional Courts' Power to Grant Bail Based on Fundamental Rights Violations and Trial Delays.

28 Oct 2021

The Supreme Court dealt with two criminal appeals arising from a Kerala High Court judgment concerning bail granted to accused persons under the Unlaw...

Supreme Court

Supreme Court Quashes Contempt Conviction Against Officials in Agricultural Produce Levy Case Due to Lack of Willful Disobedience and Improper Fact-Finding in Contempt Proceedings. High Court Erred by Examining Evidence and Imposing Liability When a Committee Was Constituted to Decide Disputed Facts Under the Assam Agricultural Produce Market Act, 1972.

26 Oct 2021

The appeal arose from a contempt conviction by the High Court against officials for willful disobedience of its order regarding cess levy under the As...

Supreme Court

Supreme Court Upholds Municipal Corporation in Water Tax Levy Under UP Water Supply and Sewerage Act, 1975 - Reverses Refund Order. Water and Sewerage Tax Imposed on Premises is Valid as Tax on Lands and Buildings Under Entry 49 of List II, Not a Fee, Under Section 52(1)(a) of the Act.

22 Oct 2021

The dispute arose from a writ petition filed by the first respondent, Pradeshiya Industrial and Investment Corporation, challenging the levy of water ...

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...

Supreme Court

Supreme Court Examines Scope of Section 34 Arbitration Act in National Highways Acquisition Disputes - The court considered whether modification of arbitral awards is permissible under Section 34 of the Arbitration and Conciliation Act, 1996, particularly for compensation awards under the National Highways Act, 1956.

20 Jul 2021

The Supreme Court addressed a significant legal question regarding the scope of judicial intervention under Section 34 of the Arbitration and Concilia...

Supreme Court

Supreme Court Directs Winding Up of Mutual Fund Schemes and Interprets SEBI Regulations. The Court examined the interrelation and constitutional validity of Regulations 39 to 42 with Regulation 18(15)(c) of the SEBI (Mutual Funds) Regulations, 1996, while deferring final adjudication pending statutory proceedings under the SEBI Act, 1992.

14 Jul 2021

The Supreme Court of India addressed civil appeals concerning the interpretation and application of the Securities and Exchange Board of India (Mutual...

Supreme Court

Supreme Court Upholds Landowners' Challenge to Tamil Nadu Land Acquisition Laws Revival Act, 2019 on Grounds of Separation of Powers and Constitutional Invalidity. The Court held that legislative revival of enactments declared unconstitutional due to repugnancy under Article 254 of the Constitution is impermissible without re-enactment and fresh Presidential assent, as it overrules judicial determination and violates constitutional limits.

29 Jun 2021

The Supreme Court of India, in a civil original jurisdiction writ petition, addressed a constitutional dispute concerning the separation of powers and...

Supreme Court

Supreme Court Upholds Assessee in Income Tax Act Case Due to Arbitrary Stay Provision. The Third Proviso to Section 254(2A) of the Income Tax Act, 1961, Was Struck Down as It Automatically Vacated Stay Orders After 365 Days Without Considering Assessee's Responsibility for Delay, Violating Article 14 of the Constitution of India.

6 Apr 2021

The Supreme Court of India addressed a batch of civil appeals concerning the constitutional validity of the third proviso to Section 254(2A) of the In...

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