Search Results for "unreasonable restriction"

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Search Results for "unreasonable restriction"

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Supreme Court

Supreme Court Upholds Rajasthan Electricity Regulatory Commission's Open Access Regulations in Challenge by Industrial Consumers. The Court held that the RERC has jurisdiction to regulate both intra-state and inter-state open access, and the restrictions imposed are reasonable and within the statutory framework of the Electricity Act, 2003.

1 Apr 2025

The present appeals challenge two separate orders of the Rajasthan High Court upholding the validity of the Rajasthan Electricity Regulatory Commissio...

High Court

Bombay High Court Dismisses Army's Challenge to High-Rise Construction Near Defence Establishment — No Statutory Mandate for NOC Under Work of Defence Act, 1903. Guidelines for No Objection Certificate from Local Military Authority are administrative instructions without force of law, and construction already completed and occupied cannot be directed to be demolished.

11 Oct 2024

The petitioner, Station HQ Kamptee (a defence establishment), filed a writ petition seeking a mandamus to stop construction of a high-rise building (K...

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 Upholds Licensing Conditions on Orchestra Bars Under Maharashtra Police Act, 1951. Gender-Based Numerical Restrictions on Performers Held Valid as Reasonable Restrictions in Public Interest Under Article 19(6) of the Constitution.

18 Feb 2022

The appeals arose from a judgment of the High Court of Bombay that upheld conditions imposed by the Commissioner of Police, Brihan Mumbai, on orchestr...

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 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...

High Court

Bombay High Court Quashes Import Restriction for Areca Nuts — Condition Requiring NOC from FSSAI Held Ultra Vires. Import Policy Condition Violates Article 19(1)(g) and Article 14 of Constitution as It Lacks Statutory Authority and Is Disproportionate.

2 Apr 2019

The petitioner, Siddhi Vinayak, a partnership firm registered under the Indian Partnership Act, 1913, engaged in the import of areca nuts (commonly kn...

High Court

Bombay High Court Dismisses Petition Challenging Citizenship and Police Verification Requirements for Security Guards Under Private Security Agencies Act. Provisions Held to Be Reasonable Restrictions in Interest of Public Order and Security.

13 Dec 2016

The petitioner, The Security Association of India, an association of security agencies, filed a writ petition challenging the constitutional validity ...

High Court

Bombay High Court Quashes Inquiry Officer's Penalty Order for Lack of Jurisdiction in Misdescription of Cargo Case. Container Corporation of India's Inquiry Officer acted without authority under the Indian Railways Act, 1989 and the Railways (Punitive Charges for Misdescription of Goods) Rules, 2004.

20 Feb 2015

The case involves two writ petitions arising from an order dated 10.09.2012 passed by an Inquiry Officer, Shri Srinivas Mudgerikar, appointed by the H...

High Court

Bombay High Court Quashes Restriction Order Against Foreign National in Fatal Accident Case — Para 11(2) of Foreigners Orders, 1948 Cannot Be Used to Impose Bail-Like Conditions After Grant of Bail. The restriction order requiring the petitioner to remain within Greater Mumbai during trial was set aside as it amounted to an additional condition not warranted under the Foreigners Orders.

14 Sep 2012

The petitioner, Nooria Y. Haveliwala, a foreign national, was involved in a motor accident on 22nd February 2010 that resulted in the death of PSI Shi...

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