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Bombay High Court Examines Validity of Consumer Protection Appointment Rules; Selection Committee Procedure Under Scrutiny. Court Considers Whether Rules Violate Article 14 and Supreme Court Directions in State of UP v. UP Consumer Protection Bar Association.

These two petitions challenged the Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office...

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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...

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High Court of Karnataka Rules Petition Challenging Vires of Amending Act Not Rendered Infructuous Despite Subsequent Amendment; Restitution Claim Keeps Issue Alive. Court Examines Validity of Tax on Electricity Charges Under Karnataka Electricity (Taxation on Consumption) Act, 1959.

(1) Background: The writ petitions were filed by several companies (textile mills, etc.) and the Federation of Karnataka Chambers of Commerce and Indu...

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Bombay High Court Upholds TDS Provisions Under Goa VAT Act for Works Contracts — Rule 4A and Entry C-14 Held Valid. Amendment to Section 28(1) of Goa Value Added Tax Act, 2005 for deduction of tax at source from payments to contractors is constitutionally valid and not ultra vires.

The petitioners, including the All Goa Contractors Association and four contractor companies, challenged the constitutional validity of Rule 4A insert...

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Bombay High Court Examines Constitutional Validity of Food Safety and Standards Act, 2006 Upon Challenge by Trade Associations. Court Holds That Constitutional Challenge Cannot Be Abstract and Requires Factual Foundation of Adverse Action, But Proceeds to Hear Merits for Recurring Issues.

The Bombay High Court heard a batch of three writ petitions filed by trade associations—the Association of the Traders carrying the Food Business, M...

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Madras High Court Hears Batch of Petitions on Promotion Seniority of Police Subordinates Under Tamil Nadu Special Rules. Rule 3(b)(ii)(b) of Special Rules for Tamil Nadu Police Subordinate Service Scrutinized for Constitutional Validity.

This batch of cases came before the High Court of Judicature at Madras comprising a Division Bench of Justice R. Suresh Kumar and Justice N. Senthilku...