Search Results for "Government Resolution cannot override regulation"

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Search Results for "Government Resolution cannot override regulation"

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High Court

Bombay High Court Allows Minor Student's Writ Petition for Correction of HSC Marksheet. Error in Marksheet Showing Biology Instead of Mathematics Due to College Data Entry Mistake Falls Within Rule 102(2) of Maharashtra Secondary and Higher Secondary Education Boards Regulations, 1977, Empowering Board to Amend Result.

6 Oct 2021

Background: The Writ Petition was filed before the Bombay High Court by a minor student through her father against the Maharashtra State Board of Seco...

High Court

Bombay High Court Quashes Government Circular Staying Transfer Rule in Maharashtra Employees of Private Schools Act Case. Circular Staying Operation of Rule 41A of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 Found Ultra Vires and Set Aside.

21 Jul 2023

The petitioners challenged a circular issued by the State Government that stayed the operation of Rule 41A of the Maharashtra Employees of Private Sch...

High Court

Bombay High Court Allows Panchayat Samiti Member's Nomination to Market Committee Over Chairman's Claim — Rule 40A of Maharashtra Agricultural Produce Marketing Rules, 1967 Cannot Override Section 13(1)(d) of the Act. The court held that the Panchayat Samiti's resolution electing a member as its representative under Section 13(1)(d) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 is valid and cannot be overridden by Rule 40A of the Rules.

16 Jul 2015

The petitioner, Rajeshri Arun Munghate, a member of the Panchayat Samiti, Gadchiroli, challenged an order of the District Deputy Registrar, Cooperativ...

High Court

High Court of Bombay at Nagpur Allows Writ Petition Challenging Allotment of Fair Price Shop to Educated Unemployed Over Scheduled Caste Candidate — Government Resolution Cannot Override Statutory Order of 1975. The court held that the priority list under the Maharashtra Scheduled Commodities (Regulation of Distribution) Order, 1975, cannot be altered by a Government Resolution, and the allotment to the Scheduled Caste candidate was valid.

7 Jun 2017

The petitioner, Bhimrao Eknath Borkar, was allotted a fair price shop under the Scheduled Caste category as per Clause 3A(1)(B) of the Maharashtra Sch...

High Court

High Court of Bombay at Goa Allows Writ Petition Challenging Maintainability of Civil Revision Against Director's Order Under Section 66(7) of Goa Panchayat Raj Act. Order of Director of Panchayats under Section 66(7) is final and binding, and no Civil Revision lies under Section 201-B of the Act.

23 Dec 2015

The petitioner, Competent Automobiles Company Ltd., applied for a licence to construct a Beach Resort at village Arossim, Goa, based on a technical cl...

High Court

High Court of Karnataka Quashes Karnataka Registration of Births and Deaths (Amendment) Rules, 2022 as Ultra Vires the Registration of Births and Deaths Act, 1969. Substitution of 'Assistant Commissioner (Sub-Divisional Magistrate)' for 'Magistrate of the First Class or Presidency Magistrate' in Rule 9(3) was held to be beyond the rule-making power under Section 30 of the Act, as it conflicted with the specific mandate of Section 13(3) requiring a judicial order for delayed registrations beyond one year.

17 Apr 2023

The writ petition filed under Articles 226 and 227 of the Constitution of India challenged the validity of the Karnataka Registration of Births and De...

High Court

Bombay High Court Dismisses Writ Petition Challenging RBI Circular on Resolution of Stressed Assets. Circular dated 12.02.2018 held to be valid and within RBI's powers under Sections 35A and 35AB of the Banking Regulation Act, 1949.

8 Mar 2018

The petitioners, Jayaswal Neco Industries Limited and Jayaswal Holdings Private Limited, filed a writ petition under Article 226 of the Constitution o...

Supreme Court

Supreme Court Dismisses Municipal Corporation's Appeal Against Resolution Plan Approval in Insolvency Case. Municipal Corporation's Prior Consent to Resolution Plan Precludes Later Objections Under IBC.

15 Nov 2019

The Municipal Corporation of Greater Mumbai (MCGM) appealed against the order of the National Company Law Appellate Tribunal (NCLAT) which had upheld ...

High Court

Karnataka High Court Quashes State Order Permitting Non-Forest Use of Reserved Forest Without Central Approval. Section 28 of Karnataka Forest Act, 1963 Cannot Override Section 2 of Forest (Conservation) Act, 1980.

4 Mar 2021

The petitioner, Gireesh Achar, filed a public interest litigation under Articles 226 and 227 of the Constitution of India challenging an order dated 2...

Supreme Court

Supreme Court Upholds Constitutional Validity of Sections 35AA and 35AB of Banking Regulation Act, 1949 and RBI Circular on Stressed Assets Resolution. The Court held that the RBI circular dated 12.02.2018 is valid and not arbitrary, and that the requirement of 100% lender consent for restructuring and mandatory IBC reference for large accounts is within RBI's powers.

2 Apr 2019

The present batch of petitions and transferred cases challenged the constitutional validity of Sections 35AA and 35AB of the Banking Regulation Act, 1...

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