Search Results for "basic structure doctrine"

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Search Results for "basic structure doctrine"

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Supreme Court

Supreme Court Allows Mother's Appeal in Habeas Corpus for Disabled Adult Son, Sets Aside High Court Order for Fresh Consideration of Best Interests and Competency. The court held that the High Court must conduct a proper inquiry into the mental capacity and best interests of a disabled adult before dismissing a habeas corpus petition, and must give comity to a foreign guardianship order.

15 Jan 2025

The case concerns a custody dispute over Aadith Ramadorai, a 22-year-old US citizen with Ataxic Cerebral Palsy, between his mother (appellant) and fat...

Supreme Court

Supreme Court Allows Revenue's Appeals and Dismisses Assessees' Writ Petitions in GST Input Tax Credit Case — Upholds Constitutional Validity of Section 17(5)(c) and (d) of CGST Act. Court holds that denial of ITC on construction of immovable property used for renting is valid and does not violate Articles 14, 19(1)(g), or 300A.

3 Oct 2024

The case involves a challenge to the constitutional validity of clauses (c) and (d) of sub-section (5) of Section 17 of the Central Goods and Services...

Supreme Court

Supreme Court Dismisses Appeal Challenging Abolition of Odisha Administrative Tribunal — Power to Abolish SATs Upheld Under General Clauses Act and Article 323-A. The Court held that the Union Government has the power to abolish a State Administrative Tribunal established under the Administrative Tribunals Act, 1985, and the notification dated 2 August 2019 is valid.

21 Mar 2023

The Supreme Court dismissed an appeal against the Orissa High Court judgment upholding the abolition of the Odisha Administrative Tribunal (OAT). The ...

Supreme Court

Supreme Court Clarifies Legal Standards for Reservation in Promotions for Scheduled Castes and Scheduled Tribes Under Article 16(4-A) of the Constitution. The Court Held That There Is No Fixed Yardstick for Quantifiable Data Showing Inadequacy of Representation, and the State Must Collect Data Based on Cadre as the Unit, with Sampling Methods Permissible, While Affirming the Prospective Operation of M. Nagaraj v. Union of India.

28 Jan 2022

The judgment arose from a batch of cases challenging reservation in promotions for Scheduled Castes and Scheduled Tribes under Article 16(4-A) of the ...

Supreme Court

Supreme Court Upholds 2020 Tribunal Rules with Modifications to Ensure Judicial Independence. Court directs changes to Search-cum-Selection Committee composition and member qualifications to align with constitutional principles.

27 Nov 2020

The Supreme Court of India was called upon to decide the constitutional validity of the Tribunal, Appellate Tribunal and other Authorities (Qualificat...

High Court

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15 Dec 2017

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High Court

High Court Upholds Quo Warranto Against Elected Adhyaksha of Zilla Panchayat on Ground of Caste Qualification. Court Directs Caste Verification Committee to Expedite Inquiry into Caste Certificate Validity.

4 Dec 2017

These two intra-court appeals arose from the order dated 21.09.2017 passed by a learned Single Judge in W.P. No.106417/2016. The writ petition was fil...

High Court

Bombay High Court Upholds Validity of Section 21(5) of Bombay Sales Tax Act, 1989 Allowing Non-Judicial Member as President of Tribunal. Challenge to Appointment of IAS Officer as President Dismissed as Provision Does Not Violate Basic Structure.

28 Sep 2017

The Sales Tax Tribunal Bar Association and its President filed a writ petition before the Bombay High Court challenging the constitutional validity of...

High Court

High Court of Bombay Addresses Divergence on Reservation Act and Promotion Policy — Constitutional Validity Issue Deemed Academic. Third Judge Holds that Tribunal Overstepped in Striking Down Reservation Act as the Core Dispute Concerned Promotion Quotas, Not Direct Recruitment Reservations.

25 Jul 2017

The matter originated from a reference by the Chief Justice under Rule 7, Chapter I of the Bombay High Court Appellate Side Rules, necessitated by a d...

High Court

Bombay High Court Dismisses Petition Seeking CBI Investigation in Assault Case Alleging Political Rivalry. Court holds that mere allegations of political rivalry or delay in investigation do not warrant transfer of investigation to CBI under Article 226 of the Constitution of India.

24 Mar 2011

The petitioner, Shamin @ Chintu Jamaluddin Shaikh, filed a writ petition under Article 226 of the Constitution of India seeking a direction to transfe...

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