Search Results for "Constitutional validity"

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Supreme Court

Supreme Court Upholds Borrowers' Right to Hearing in RBI Fraud Classification Directions. The Court held that principles of natural justice, specifically audi alteram partem, must be read into the Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions 2016 to prevent arbitrariness, as classification entails serious civil consequences under Clauses 8.9.4 and 8.9.5.

27 Mar 2023

The civil appeals arose from challenges to the Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directio...

Supreme Court

Supreme Court Dismisses Writ Petition Challenging Delimitation Commission for Jammu and Kashmir Union Territory. Delimitation Exercise Upheld as Valid Under Jammu and Kashmir Reorganisation Act, 2019, with Constitutional Provisos Inapplicable to Union Territories.

13 Feb 2023

The writ petition under Article 32 of the Constitution of India challenged the legality and validity of constituting a Delimitation Commission for the...

Supreme Court

Supreme Court Dismisses Writ Petition in Excommunication Act Case Due to Repeal and Lack of Surviving Cause of Action. Petition Seeking Mandamus to Enforce Repealed Bombay Protection of Excommunication Act, 1949 Held Moot as No Substantive Rights Require Adjudication Post-Repeal Under Article 32 of the Constitution.

10 Feb 2023

The Supreme Court of India, in a judgment delivered by Justice Abhay S. Oka, addressed a writ petition filed by the Central Board of Dawoodi Bohra Com...

Supreme Court

Supreme Court Remands Excise Dispute to High Court for Comprehensive Adjudication on Natural Justice and Statutory Validity Issues. High Court Erred in Limiting Decision to Vires of Section 9-D Without Applying Principles to Department's Actions Under Central Excise and Salt Act, 1944.

9 Feb 2023

The appeals arose from a judgment and order dated 28th August 2009 by the Delhi High Court, which disposed of five writ petitions challenging actions ...

Supreme Court

Supreme Court Dismisses Petition Challenging Multiple Candidature Provision in Election Law. Constitutional validity of Section 33(7) of Representation of the People Act, 1951 upheld as matter of legislative policy, not violating Articles 14 or 19.

2 Feb 2023

The petitioner invoked the Supreme Court's jurisdiction under Article 32 of the Constitution to challenge the constitutional validity of Section 33(7)...

Supreme Court

Supreme Court Considers Validity of Special Road Tax Provisions in Himachal Pradesh Motor Vehicles Taxation Act on Reference to Larger Bench. The Court Examines Whether Levy Under Section 3-A(3) Constitutes a Tax or Penalty and Falls Within State Legislative Competence Under Entries 56 and 57 of List II of the Seventh Schedule.

13 Jan 2023

The dispute arose from a challenge by public transport operators to the constitutional validity of certain provisions of the Himachal Pradesh Motor Ve...

Supreme Court

Supreme Court Upholds Damages Against Employer in EPF Act Case for Default in Contributions. Levy of Damages Under Section 14B is Consequential Upon Default Without Requirement of Mens Rea for Breach of Civil Obligations.

23 Feb 2022

The appeals arose from a judgment of the High Court of Karnataka, which upheld an order for recovery of damages under Section 14B of the Employees Pro...

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 Termination of Railway Employment Scheme Due to Constitutional Infirmities. The Court held that the Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff violated Articles 14 and 16 of the Constitution as a back-door entry mechanism, and its termination by the Railway Board was justified, with no vested rights accruing to affected parties.

25 Jan 2022

The dispute centered on the constitutional validity and termination of the Liberalized Active Retirement Scheme for Guaranteed Employment for Safety S...

Supreme Court

Supreme Court Allows Appeal in Administrative Tribunals Act Case on Jurisdictional Grounds - High Court at Calcutta Found Lacking Jurisdiction to Review Transfer Order Passed by Principal Bench at New Delhi. Judicial Review of Tribunal Transfer Orders Under Article 226/227 Lies with High Court Within Whose Territorial Jurisdiction the Tribunal Bench Passing the Order is Located, Not Where Original Application Was Filed Under Section 25 of Administrative Tribunals Act, 1985.

6 Jan 2022

The Supreme Court addressed a jurisdictional question concerning judicial review of transfer orders passed by the Central Administrative Tribunal unde...

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