Search Results for "retrospective amendment"

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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 "retrospective amendment"

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Supreme Court

"Landmark Judgment on Property Rights and Public Welfare in Mumbai" "Balancing property ownership with the collective good under India's constitutional framework."

5 Nov 2024

The Supreme Court examined whether Chapter VIII-A of the MHADA Act aligns with the principles of Article 39(b) of the Indian Constitution, which aims ...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case — Issue of Accord and Satisfaction to be Decided by Arbitrator Under Section 11(6A) of Arbitration Act, 1996. The Court held that the High Court erred in refusing appointment on ground of full and final settlement, as the limited jurisdiction under Section 11(6A) only permits examination of existence of arbitration agreement.

5 May 2023

The appellant, M/s. Shree Vishnu Constructions, entered into an agreement with the respondents (Military Engineering Service) on 22.07.2010 for constr...

Supreme Court

Supreme Court Allows Revenue's Appeal in Income Tax Search Assessment Case — Amendment to Section 153C of Income Tax Act, 1961 by Finance Act, 2015 is Procedural and Applicable to Searches Conducted Before 01.06.2015. The Court held that the amendment is retrospective and applies to all searches under Section 132, regardless of the date of search.

6 Apr 2023

The present appeals arise from a common judgment of the Gujarat High Court which quashed notices under Section 153C of the Income Tax Act, 1961 and se...

Supreme Court

Supreme Court Upholds State Legislation on Internal Reservation for Backward Classes in Tamil Nadu - The Court reversed the High Court's declaration of unconstitutionality, holding that sub-classification within Most Backward Classes and Denotified Communities is permissible under Articles 15(4) and 16(4) of the Constitution of India, 1950, based on commission recommendations and historical data.

31 Mar 2022

The dispute arose from the Tamil Nadu Special Reservation of seats in Educational Institutions including Private Educational Institutions and of appoi...

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...

High Court

High Court of Karnataka Upholds Validity of Karnataka Minor Mineral Concession (Amendment) Rules, 2016 — Time Limit for Obtaining Environmental Clearance Upheld. Rule 8-B requiring quarry lease holders to obtain environmental clearance within 24 months from commencement of amendment rules is held to be reasonable and not violative of Articles 14, 19(1)(g) and 21 of the Constitution.

12 Mar 2021

The petitioners, holders of quarry leases for minor minerals, challenged the validity of Rule 8-B of the Karnataka Minor Mineral Concession (Amendment...

High Court

Bombay High Court Holds Amendment Extending Period for Acquisition of Reserved Land Under Section 127(1) of MRTP Act Applies to Notices Served Before Amendment — Landowner's Right to Deemed Lapse Not Affected Retrospectively.

3 Sep 2019

The case involves a reference to a Full Bench of the Bombay High Court arising from a writ petition concerning the interpretation of Section 127(1) of...

High Court

Karnataka High Court Quashes Penal Back Billing Order in Electricity Theft Case — No Evidence of Tampering or Pilferage. Mere Fluctuation in Load Factor Does Not Attract Penal Provisions Under Clause 42.05 of Conditions of Supply of Electricity.

23 Jul 2019

The petitioner, M/s Eureka Forbes Limited, a public limited company, owned a composite premises in Bommasandra Industrial Area, Bengaluru. In 2007, it...

Supreme Court

Supreme Court Upholds NCLAT Decision on Mandatory 75% Voting Share for Resolution Plan Approval Under I&B Code. Financial Creditors' Rejection of Resolution Plan for Kamineni Steel & Power India Pvt. Ltd. and Innoventive Industries Ltd. Leads to Liquidation as Plan Did Not Garner Required Majority.

6 Sep 2018

The Supreme Court of India heard appeals arising from a common judgment of the National Company Law Appellate Tribunal (NCLAT) dated 6 September 2018,...

High Court

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.

10 Jun 2013

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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