Search Results for "Separation of Powers"

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Search Results for "Separation of Powers"

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Supreme Court

Supreme Court Upholds High Court Judgment Invalidating Police Manual Rule on Reporting Authority for IPS Officers. Rule 63(iii) of Assam Police Manual Held Invalid as It Conflicts with Section 14(2) of Assam Police Act, 2007 and All India Services (Performance Appraisal Report) Rules, 2007, Due to Separation of Powers and Prohibition on Deputy Commissioner Interfering in Police Internal Matters.

18 Dec 2024

The dispute centered on the validity of Rule 63(iii) of the Assam Police Manual, which designated the Deputy Commissioner as the Reporting Authority f...

High Court

High Court of Karnataka Dismisses Widowed Daughter-in-Law's Petition for Compassionate Appointment Due to Exclusion from Definition of 'Family' Under Service Rules. Rule 2(b)(ii) of Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 does not include widowed daughter-in-law, and Court cannot expand definition by judicial interpretation.

9 Sep 2024

The petitioner, Smt. Priyanka Halamani, widowed daughter-in-law of a deceased government employee, sought compassionate appointment under the Karnatak...

Supreme Court

Supreme Court Quashes High Court Orders in Separation of Powers and Contempt Case Due to Judicial Overreach and Abuse of Process. High Court Lacked Power to Direct Notification of Rules Under Article 229 of Constitution and Improperly Initiated Criminal Contempt for Legal Challenges, Violating Principles of Separation of Powers and Legal Remedies.

3 Jan 2024

The appeals arose from two orders of the Division Bench of the High Court of Judicature at Allahabad dated 4 April 2023 and 19 April 2023. The factual...

Supreme Court

Supreme Court Directs Implementation of Second National Judicial Pay Commission Recommendations for District Judiciary — Upholds Uniform Pay, Pension, and Service Conditions as Essential for Judicial Independence. The Court held that financial security and economic independence of judicial officers are part of the basic structure of the Constitution, and directed uniform pay revision with a multiplier of 2.81 and pension at 50% of last drawn pay.

19 May 2023

The Supreme Court, in a writ petition filed by the All India Judges Association, addressed the implementation of the Second National Judicial Pay Comm...

Supreme Court

Supreme Court Upholds Landowners' Challenge to Tamil Nadu Land Acquisition Laws Revival Act, 2019 on Grounds of Separation of Powers and Constitutional Invalidity. The Court held that legislative revival of enactments declared unconstitutional due to repugnancy under Article 254 of the Constitution is impermissible without re-enactment and fresh Presidential assent, as it overrules judicial determination and violates constitutional limits.

29 Jun 2021

The Supreme Court of India, in a civil original jurisdiction writ petition, addressed a constitutional dispute concerning the separation of powers and...

Supreme Court

Supreme Court Activates Dormant Constitutional Provision for Appointment of Ad Hoc Judges to Address High Court Backlog. The Court held that Article 224A of the Constitution of India can be utilized to appoint retired High Court judges as ad hoc judges to tackle over 57 lakh pending cases and 40% vacancies, emphasizing dynamic interpretation and consent requirements.

20 Apr 2021

The Supreme Court of India, in a public interest litigation filed by Lok Prahari, addressed the critical issue of backlog in High Courts, with over 57...

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 Partially Allows State Appeal Against NGT Order on PUC Certificates — Holds That NGT Cannot Direct Fuel Bans or Impose Monetary Deposits for Compliance. The Court ruled that the NGT exceeded its jurisdiction under the National Green Tribunal Act, 2010, by directing fuel supply denial and imposing a Rs. 25 crore deposit, as such powers are not conferred by the Act.

28 Aug 2020

The State of Madhya Pradesh appealed against an order of the National Green Tribunal (NGT) Central Zonal Bench, Bhopal, dated 21 April 2015, which dir...

Supreme Court

Supreme Court Upholds Constitutional Validity of Section 43B(f) of Income Tax Act — Leave Encashment Deduction Allowed Only on Actual Payment. Clause (f) is not arbitrary or violative of Article 14 as it serves a legitimate purpose of preventing abuse and ensuring employee welfare.

24 Apr 2020

The Supreme Court in this appeal considered the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, which was inserted b...

Supreme Court

Supreme Court Dismisses Application Seeking Direction to Enact Custodial Torture Legislation, Upholding Separation of Powers. Court holds that directing Parliament to legislate would violate the basic structure of the Constitution, despite acknowledging the gravity of custodial torture and India's international obligations under the UN Convention.

5 Sep 2019

The applicant, Dr. Ashwani Kumar, a senior advocate and former Law Minister, filed a miscellaneous application in a disposed writ petition seeking a d...

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