Search Results for "Less restrictive measures"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "Less restrictive measures"

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High Court

Bombay High Court Quashes Process Issued Against Petitioners in Maharashtra Fire Prevention Act Case — Lack of Sanction Under Section 36 Renders Complaint Invalid. Court held that prior sanction of the Commissioner is mandatory for prosecution under Sections 3(1), 3(3), 3(4) r/w 36 of the Maharashtra Fire Prevention and Life Safety Measures Act, 2006, and its absence vitiates the criminal proceedings.

6 May 2013

The petitioners, seven residents of Jolly Maker I Cooperative Housing Society in Mumbai, filed a writ petition under Article 227 of the Constitution o...

Supreme Court

Supreme Court Dismisses Appeal Against RBI Guidelines Prohibiting Merchanting Trade in Banned Goods During Pandemic. Clause 2(iii) of the 2020 MTT Guidelines is a reasonable restriction under Article 19(6) as it serves the legitimate aim of preserving domestic PPE stocks and is not manifestly arbitrary.

6 Dec 2021

The appeal arose from a judgment of the Madhya Pradesh High Court upholding Clause 2(iii) of the Revised Guidelines on Merchanting Trade Transactions ...

Supreme Court

Supreme Court Upholds FCRA Amendments in Challenge by NGOs — Restrictions on Foreign Contribution Transfers and Mandatory Account in SBI New Delhi Held Reasonable. Court Dismisses Petitions Challenging Sections 7, 12(1A), 12A, and 17(1) of Foreign Contribution (Regulation) Amendment Act, 2020 as Not Violative of Articles 14, 19, and 21.

8 Apr 2022

The judgment concerns the constitutional validity of amendments to the Foreign Contribution (Regulation) Act, 2010 (FCRA) introduced by the Foreign Co...

Supreme Court

Supreme Court Partially Strikes Down FCRA Amendment Act 2020 — Ban on Transfer of Foreign Funds and Mandatory Aadhaar Held Unconstitutional. The court upheld the requirement of a single FCRA account at SBI New Delhi as a reasonable regulatory measure to prevent misuse of foreign funds.

1 Jan 2021

The judgment deals with a batch of writ petitions challenging the constitutional validity of certain amendments made to the Foreign Contribution (Regu...

Supreme Court

Supreme Court Modifies Expulsion of Bihar MLC to Suspension, Reinstates Dr. Sunil Kumar Singh – Proportionality in Legislative Punishment Under Scrutiny. Court Invokes Article 142 to Ensure Proportionality in Legislative Discipline, Reinstates Petitioner After 7 Months of Expulsion

25 Feb 2025

Maintainability of Writ Petition: The Court held that the Writ Petition is maintainable as Article 212(1) does not bar judicial review of legislative...

High Court

High Court of Karnataka Quashes Preventive Detention Order in Bootlegging Case — Failure to Consider Less Restrictive Alternatives. Detention under Section 3(2) of Karnataka Prevention of Dangerous Activities Act, 1985 set aside as grounds did not show that ordinary law was insufficient to prevent the detenu from acting prejudicially.

12 Jul 2024

The petitioner, wife of Sharath @ Sharath Kumar, filed a habeas corpus petition under Article 226 of the Constitution of India challenging the detenti...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

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...

Supreme Court

Supreme Court Dismisses Appeals by State of Kerala and Corporation in Abkari Workers Rehabilitation Case. Upholds High Court's Direction to Implement 2002 Government Order for Employment of Displaced Workers, Finding Modification Arbitrary and Violative of Articles 14 and 21 of the Constitution.

4 Oct 2019

The case involves appeals by the State of Kerala and Kerala State Beverages (M and M) Corporation Limited against a Division Bench judgment of the Ker...

Supreme Court

Supreme Court Allows Banks' Appeals in RBI Fraud Classification Case Regarding Natural Justice Requirements. Court Holds No Absolute Right to Personal Hearing or Full Forensic Audit Report Disclosure Under RBI Master Directions Issued Under Section 35A Banking Regulation Act, 1949.

7 Apr 2026

The dispute arose from the classification of loan accounts as 'fraud' by banks under the Reserve Bank of India's Master Directions. The appellant bank...

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