Search Results for "unconstitutional provision"

552 result(s) found

Scroll Down To Discover

Found 552 result(s)

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Petitions Challenging Age Limit for Promotion of Anganwadi Sevikas to Supervisors. Rule 7(1)(c) of Service Entry Rules, 2021, prescribing 45 years as maximum age for promotion, held not violative of Articles 14 and 16 of Constitution.

The petitioners, ten Anganwadi Sevikas from Akola district, challenged Rule 7(1)(c) of the Service Entry Rules, 2021, which prescribed a maximum age l...

© Image Copyrights Juris Services & Technology

Bombay High Court Quashes Penalty for Non-Certification of Annexures to Return of Allotment Under Section 39(5) of Companies Act, 2013 — Default Under Section 39(4) Relates Only to Filing of Return, Not Certification of Annexures.

The petitioners, N.S.J.L Nidhi Ltd and its officers, challenged an order dated October 11, 2023, by which a Learned Adjudicating Officer imposed a pen...

© Image Copyrights Juris Services & Technology

Gujarat High Court Dismisses Revision Against Discharge in Adultery Case — No Prima Facie Case Under Section 497 IPC as Complainant Failed to Prove Adultery Beyond Reasonable Doubt.

The revision application was filed by the complainant-husband challenging the orders of the courts below discharging the accused (his wife and the all...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Petitions Challenging Section 9A of Maharashtra Municipal Councils Act Requiring Caste Validity Certificate for Councillors. Provision Held Valid as It Is a Reasonable Classification to Prevent Fraud on Reservation and Does Not Violate Articles 14 and 243T.

The petitioners, elected councillors of Jalna Municipal Council from reserved categories, challenged the constitutional validity of Section 9A of the ...

© Image Copyrights Juris Services & Technology

Supreme Court Reviews Its Own Guidelines on Arrest and Anticipatory Bail Under SC/ST Act. Directions Requiring Preliminary Enquiry and Approval for Arrest Quashed as Legislative Overreach, but Anticipatory Bail Direction Upheld.

The Union of India filed a review petition against the Supreme Court's judgment dated 20.3.2018 in Criminal Appeal No.416 of 2018, which had issued gu...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Students' Challenge to MHT-CET 2019 Answer Keys and Evaluation Process. Court Directs Re-evaluation of Disputed Questions and Issuance of Revised Merit Lists for Admission to Professional Courses.

The judgment concerns two writ petitions filed by students who appeared for the Maharashtra Common Entrance Test (MHT-CET) 2019 for admission to profe...

© Image Copyrights Juris Services & Technology

Supreme Court Dismisses Premature Release Petition of Life Convict in Dacoity and Murder Case — Holds That Conviction Under Unconstitutional Arms Act Provision Does Not Automatically Entitle Release, and That State's Rejection of Earlier Representation Was Valid

The petitioner, Rajan, a Sri Lankan refugee, was convicted for dacoity, murder (3 counts), attempt to murder (4 counts), and arms offences in connecti...

© Image Copyrights Juris Services & Technology

Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Challenge to Validation Act in Import Fee Dispute. Parliament Competent to Enact Retrospective Validation to Cure Defect in Subordinate Legislation, Even if It Affects Pending Litigation.

The petitioners, M/s R. Piyarelall Import & Export Ltd. and its director, challenged the constitutional validity of the Destructive Insects and Pests ...