Search Results for "unconstitutional provision"

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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 "unconstitutional provision"

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Supreme Court

Supreme Court Dismisses Appeals Challenging High Court's Declaration of Manipur Parliamentary Secretary Act as Unconstitutional Due to Lack of Legislative Competence. State Legislature Lacked Authority Under Article 194(3) to Create Parliamentary Secretary Offices, Rendering Both Enactment and Repeal Invalid Under Constitution of India.

1 Feb 2022

The dispute centered on the constitutional validity of the Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provi...

Supreme Court

Supreme Court Upholds Maintenance Rights for Divorced Muslim Women: Balancing Secular and Personal Laws. Court Affirms Applicability of Section 125 CrPC alongside the Muslim Women (Protection of Rights on Divorce) Act, Ensuring Comprehensive Support for Divorced Muslim Women.

10 Jul 2024

The appeal concerns the High Court of Telangana's modification of interim maintenance from INR 20,000 to INR 10,000 payable by the appellant to the re...

Supreme Court

Supreme Court Partially Upholds Section 10(26AAA) of Income Tax Act, 1961 in Sikkim Tax Exemption Challenge. Gender-Based Proviso Denying Exemption to Sikkimese Women Marrying Non-Sikkimese Struck Down as Unconstitutional.

13 Jan 2023

The judgment concerns a writ petition under Article 32 challenging the constitutional validity of Section 10(26AAA) of the Income Tax Act, 1961, which...

High Court

Bombay High Court Upholds Constitutional Validity of Section 234E of Income Tax Act, 1961 — Levy of Fee for Late Filing of TDS Returns is Valid. The Court held that the fee under Section 234E is compensatory in nature and not a penalty, and does not violate Article 14 of the Constitution.

9 Feb 2015

The petitioners, a practising Chartered Accountant and others, filed a writ petition under Article 226 of the Constitution of India challenging the co...

High Court

Bombay High Court Allows Appeal Against Remand Order in Partnership Dispute — Unregistered Partnership Bar Under Section 69(2A) of Indian Partnership Act, 1932 Applies to Suit for Accounts and Dissolution. The court held that the trial court must frame and decide the preliminary issue of maintainability under Section 69(2A) before proceeding with the suit.

11 Jul 2011

The appeal arose from a suit filed by the plaintiff (Respondent No.1) against the defendants (Appellants) seeking accounts and dissolution of an unreg...

High Court

Bombay High Court Allows Interim Application in Suit for Declaration and Injunction — Dispute Over Ownership of Flat and Alleged Forged Power of Attorney. Court Restrains Respondent No.1 from Creating Third-Party Rights Over Flat Pending Trial, Holding That Prima Facie Case and Balance of Convenience Favor Applicant.

30 Nov -0001

The applicant, Santsaran Gursaran Advani Alias Papan Advani, filed a suit seeking declaration of ownership and permanent injunction against the respon...

Supreme Court

Supreme Court Upholds Union and State in Consumer Protection Rules Challenge, Reversing High Court's Striking Down of Qualification and Procedure Provisions. Rules 3(2)(b), 4(2)(c), and 6(9) of Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of President and Members of State Commission and District Commission) Rules, 2020 Found Not Arbitrary Under Article 14 of Constitution of India, as They Provide Sufficient Guidelines for Appointments to Consumer Commissions.

3 Mar 2023

The Supreme Court addressed appeals by the Ministry of Consumer Affairs, Union of India, and State of Maharashtra against a common judgment and order ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Order Setting Aside Election of Councilor for Non-Disclosure of Criminal Cases. Failure to Disclose Pending Criminal Cases in Affidavit Under Section 5A of Maharashtra Municipal Corporations Act, 1949 Renders Election Void.

22 Jan 2018

The petitioner, Shri Rajendra Jayant Devalekar, was elected as a Councilor of the Kalyan-Dombivli Municipal Corporation in the 2015 elections. Respond...

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

Madras High Court Dismisses Challenge to Land Acquisition Under NH Act for Highway Widening — Removal of Difficulties Order 2015 Upheld. NH Act, 1956 prevails over 2013 Act; technical approval not a condition precedent for Section 3-A notification.

30 Jan 2025

The judgment concerns three writ petitions filed by landowners challenging the land acquisition proceedings for the four-laning of National Highway 74...

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