Search Results for "ultra vires delegation"

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Search Results for "ultra vires delegation"

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Supreme Court

Supreme Court Upholds Ban on Apartmentalisation in Chandigarh Residential Plots to Preserve City's Original Character. Fragmentation of single dwelling units into multiple apartments violates Rule 16 of Chandigarh Estate Rules, 2007 and the Chandigarh Master Plan 2031.

10 Jan 2023

The case involves a Public Interest Litigation filed by the Chandigarh Citizens Forum (appellants) against the Chandigarh Administration and others, s...

High Court

Bombay High Court Allows Writ Petitions Challenging Demand of Contribution to District Mineral Foundation Under Rule 45(1A) of Mineral Concession Rules, 1960 — Rule Held Ultra Vires the Mines and Minerals (Development and Regulation) Act, 1957. The court quashed demands for DMF contribution as a condition for mineral dispatch, ruling that Rule 45(1A) is beyond the rule-making power under Section 15 of the MMDR Act.

7 Apr 2022

The judgment concerns four writ petitions filed by mining lessees challenging the demand for contribution to the District Mineral Foundation (DMF) und...

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...

Supreme Court

Supreme Court Allows State's Appeal in Motor Vehicle Registration Fee Dispute — Rule 55A of MP Motor Vehicles Rules Valid. State can charge separate fee for reserved registration numbers under Section 41(6) of Motor Vehicles Act, 1988.

26 Aug 2020

The Supreme Court allowed the appeal filed by the State of Madhya Pradesh against the High Court judgment that had quashed Rule 55A of the Madhya Prad...

High Court

Bombay High Court Dismisses Petitions Challenging Port Trust's Eviction Notices for Unauthorized Occupants. Held that lessees/licensees whose tenures expired and who continued in possession without consent are unauthorized occupants liable to eviction under the Major Port Trusts Act, 1963.

12 Jun 2020

The judgment concerns a group of writ petitions filed by various entities who were originally lessees or licensees of land belonging to the Board of T...

High Court

Bombay High Court Dismisses Petition Challenging VAT Investigation Post-GST. Section 78 of Maharashtra GST Savings Act Held Valid as It Continues VAT Act Only for One Year from Appointed Day as Permitted by Constitution Amendment.

19 Jul 2019

The petitioner, Magma Fincorp Limited, a non-banking finance company registered under the Maharashtra Value Added Tax Act, 2002 (VAT Act), challenged ...

High Court

High Court of Karnataka Dismisses Challenge to Clarification Order and Section 60(8) of KVAT Act — Upholds Tax Rate of 14.5% on Diapers, Under-pads, and Sanitary Napkins. Commissioner's Clarification Overruling Advance Ruling Authority Upheld as Valid Exercise of Power Under Section 60(8) of Karnataka Value Added Tax Act, 2003.

23 Oct 2017

The petitioner, M/s Bella Premier Happy Hygiene Care Private Limited, a manufacturer of 'All-in-one Diapers, Under-pads and Sanitary Napkins', challen...

High Court

Bombay High Court Quashes Notification Excluding Port Trust Employees from Minimum Wages Act Provisions. The notification dated 15/03/2002 exempting employees from Section 2(h), Section 14 of Minimum Wages Act, 1948 and Rule 25 of Minimum Wages (Central) Rules, 1950 was held ultra vires as not issued by appropriate government.

6 Jul 2017

The judgment concerns two writ petitions filed by Mumbai Port Trust Flotilla Worker's Association and Mumbai Port Trust, Dock and General Employees' U...

High Court

Bombay High Court Dismisses Petitions Challenging Local Body Tax Classification. Classification of dealers based on turnover for LBT exemption is valid under Article 14 as it has a rational nexus with the object of the Maharashtra Municipal Corporation Act, 1949.

8 Jan 2016

The petitioners, M/s. Nagpur Distillers Private Limited and M/s. Vidarbha Distillers, are dealers within the meaning of Section 2(16A) of the Maharash...

High Court

Bombay High Court at Goa Upholds Validity of Rule 5 of Goa Minor Mineral Concession (Amendment) Rules, 2002 — Declares Quarry Lease Valid Despite Deletion of Chapter III. Rule 5, which deleted Chapter III of the Goa Minor Mineral Concession Rules, 1985, is held intra vires Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957, as the State Government has power to make rules for grant of quarry leases in respect of land belonging to private persons.

10 Dec 2013

The petitioner, Smt. Maria Teresa Philomena D'Rocha Pegado, filed a writ petition before the Bombay High Court at Goa challenging the constitutional v...

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