Search Results for "Article 323A"

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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 High Court's Writ Jurisdiction Over Armed Forces Tribunal Orders in Service Matters. The court held that orders of the Armed Forces Tribunal are amenable to challenge under Article 226 of the Constitution, as judicial review is part of the basic structure and Section 14 of the Armed Forces Tribunal Act, 2007 saves such jurisdiction, ensuring litigants have access to justice where alternative appeals are limited.

21 Mar 2023

The judgment addressed a legal conundrum regarding the amenability of Armed Forces Tribunal orders to challenge under Article 226 of the Constitution ...

Supreme Court

Supreme Court Allows Union of India's Appeal in Administrative Tribunal Transfer Case Due to Lack of Territorial Jurisdiction in High Court. The High Court of Uttarakhand Erred in Entertaining Writ Petition as No Cause of Action Arose Within Its Territory Under Article 226 of Constitution, and Transfer Order Under Section 25 of Administrative Tribunals Act, 1985 Was Valid.

3 Mar 2023

The dispute originated from an Original Application filed by a writ petitioner before the Nainital Circuit Bench of the Central Administrative Tribuna...

Supreme Court

Supreme Court Allows Appeal in Administrative Tribunals Act Case on Jurisdictional Grounds - High Court at Calcutta Found Lacking Jurisdiction to Review Transfer Order Passed by Principal Bench at New Delhi. Judicial Review of Tribunal Transfer Orders Under Article 226/227 Lies with High Court Within Whose Territorial Jurisdiction the Tribunal Bench Passing the Order is Located, Not Where Original Application Was Filed Under Section 25 of Administrative Tribunals Act, 1985.

6 Jan 2022

The Supreme Court addressed a jurisdictional question concerning judicial review of transfer orders passed by the Central Administrative Tribunal unde...

Supreme Court

Supreme Court Dismisses Municipal Corporation's Appeal on NGT's Suo Motu Jurisdiction. The Court held that the National Green Tribunal lacks suo motu powers under the National Green Tribunal Act, 2010, as it is a statutory tribunal without inherent jurisdiction, but can act on epistolary jurisdiction based on letters from interested parties.

7 Oct 2021

The Supreme Court of India, in a civil appeal led by the Municipal Corporation of Greater Mumbai against Ankita Sinha and others, addressed the jurisd...

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 Appeals Against High Court Orders Interdicting Statutory Deemed Termination Under Section 5B of Mumbai Municipal Corporation Act. High Court Cannot Suspend Legal Fiction of Retrospective Termination for Failure to Submit Caste Validity Certificate Within Prescribed Period.

19 Mar 2020

The Supreme Court considered two appeals arising from a common judgment of the Bombay High Court dated 02.04.2019, which had allowed writ petitions fi...

Supreme Court

Supreme Court Dismisses Appeal, Upholds High Court's Jurisdiction Over Intra-Court Appeals in Armed Forces Matters. The term 'other proceedings' in Section 34 of the Armed Forces Tribunal Act, 2007 does not include special appeals against single judge orders, and such appeals must be heard by the High Court.

10 Jan 2020

The Supreme Court considered an appeal against a Full Bench decision of the Allahabad High Court which held that special appeals (intra-court appeals)...

Supreme Court

Supreme Court Allows Appeals Against NGT Orders in Sterlite Copper Plant Closure Case — Upholds Maintainability of Composite Appeal Under NGT Act. The Court held that a composite appeal under Section 16 of the NGT Act is maintainable and that closure orders without natural justice are invalid.

18 Feb 2019

The Supreme Court disposed of a batch of appeals arising from orders of the National Green Tribunal (NGT) concerning the closure of a copper smelter p...

Supreme Court

Supreme Court Upholds High Court Order Quashing Chairman's Stay on Tribunal Proceedings — Chairman of Central Administrative Tribunal Cannot Stay Proceedings Pending Before a Division Bench While Sitting Singly. The Court held that the Chairman's power under Section 5(6) read with Section 25 of the Administrative Tribunals Act, 1985 does not extend to staying proceedings before a co-ordinate Bench.

1 Feb 2019

The Supreme Court dismissed the appeal filed by All India Institute of Medical Sciences (AIIMS) against the Uttarakhand High Court's order quashing th...

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