Search Results for Tag : Constitutional
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SC asks BJP to exit state right(13.07.2016)
The Supreme Court concluded the proceedings of the Governor of Arunachal Pradesh during the 6th session of the State’s Legislative Assembly to be in v.....
Tags : arunachal pradesh, president’s rule, unconstitutional, disqualification
Judgments
Constitutionality of Food Safety and Standards Act, 2006 upheld(16.09.2015)
The Bombay High Court summarised its position on the constitutionality and vires of the Food Safety and Standards Act, 2006 as thus: “…if preventing f.....
Tags : Food safety, constitutionality, public interest
Reservation in sole position means unconstitutional exclusion(23.09.2015)
The Supreme Court dismissed an appeal that a position comprised of a single post could be filled under the auspices of ‘reservation’. It reiterated a .....
Tags : Reservation, single, post, constitutionality
Blast from the Past
Preventing sex-selective abortions(22.02.2016)
1994 saw the introduction of two pieces of legislation that hoped to stem the practice of terminating pregnancies mid-term if the child to be born was.....
Tags : Sex selection, constitutionality, ultrasound
Supreme Court strikes down words "adult male" from proviso of Section 2(q) DMV Act as same is contrary to object of affording protection to women(06.10.2016)
Present appeal arises out of a judgment passed by Division Bench of Bombay High Court raising an important question as to constitutional validity of S.....
Tags : Provision, Constitutional Validity
Telangana and AP High Court upholds amendments to mining law(11.09.2015)
The Telangana and Andhra Pradesh High Court rejected petitions that the Mines and Minerals (Development and Regulation) Amendment Act, 2015 was unreas.....
Tags : Mining, application, eligibility, constitutionality
Criminal defamation provisions to stay(13.05.2016)
The Supreme Court upheld the constitutional validity of Sections 499 and 500 of the Indian Penal Code and Section 199 CrPC, provisions that deal with .....
Tags : criminal defamation, constitutional validity, misuse
Government’s pool pricing policy for natural gas upheld(19.04.2016)
The Supreme Court dismissed appeals against the government’s setting uniformly pool in the natural gas sector. The Government had contended that is un.....
Tags : natural gas, uniform pool pricing, constitutionality
High Court cannot deliberate on constitutional validity of own accord(18.03.2016)
Meghalaya High Court’s suo moto cognizance on provisions in the Meghalaya Lokayukta Act, 2014 pertaining to appointment of the Chairperson and Members.....
Tags : Suo moto, constitutional validity, human rights
Government ban on crude palm oil imports through Kerala ports in public interest(21.08.2015)
The Supreme Court held that there existed “sufficient public good” in banning the import of crude palm oil through ports in Kerala. The government had.....
Tags : Import ban, validity, constitutionality, palm oil
International Cases
Russian Constitutional Court can look into decisions of international courts(15.12.2015)
President Vladimir Putin of Russia has granted assent to a Bill that allows Russia’s Constitutional Court to look into decisions of international cour.....
Tags : Russia, international courts, constitutional courts
Poland’s highest court faces constitutional crisis(14.03.2016)
The Council of Europe released a report expressing dismay over const.....
Tags : Poland, constitutional court, effectiveness
News
Choices of Sexual Preference Protected Under Scheme of Constitutional Morality: Calcutta HC(05.02.2019)
Calcutta High Court has observed that consensual cohabitation between two adults of same sex cannot be termed as illegal and also observed
that such .....
Tags : Calcutta High Court, Sexual Preference Protected Under Scheme of Constitutional Morality
Deduction of 50% of Wages From Prisoners Unconstitutional: Madras HC(07.02.2019)
Madras High Court has held that Rule 481 of Tamil Nadu Prison Rules, 1983 is unconstitutional to the extent it provides for deduction of 50% of the wa.....
Tags : Madras High Court, Deduction of 50% of Wages From Prisoners Unconstitutional
SC Seeks WhatsApp, Facebook Response on Plea Seeking Data Protection on UPI Platforms(02.02.2021)
Supreme Court has held that Section 43¬D (5) of Unlawful Activities (Prevention) Act, 1967 (UAPA Act) per¬ se does not oust the ability of Constitutio.....
Tags : Supreme Court, Ability of Constitutional Courts to Grant Bail
SC: Section 43D (5) UAPA Act Does Not Oust Ability of Constitutional Courts to Grant Bail(02.02.2021)
Supreme Court has held that Section 43¬D (5) of Unlawful Activities (Prevention) Act, 1967 (UAPA Act) per¬ se does not oust the ability of Constitutio.....
Tags : Supreme Court, Ability of Constitutional Courts to Grant Bail
SC: Section 43D (5) UAPA Act Does Not Oust Ability of Constitutional Courts to Grant Bail(02.02.2021)
Supreme Court has held that Section 43D (5) of Unlawful Activities (Prevention) Act, 1967 (UAPA Act) per¬ se does not oust the ability of Constitution.....
Tags : Supreme Court, Ability of Constitutional Courts to Grant Bail
Calcutta HC Issues Notice on Challenge Against Constitutionality of Rule 86A of CGST Rules(30.06.2021)
Calcutta High Court has issued notice to Union as well as State Government in plea challenging the constitutional validity of Rule 86A of the Central .....
Tags : Calcutta High Court, Constitutionality of Rule 86A of CGST Rules
SC Strikes Down Law Allowing Kerala to Annul Arbitration Clause and Arbitration Awards(05.05.2022)
Supreme Court has struck down the Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998, saying it was “unconstitutional” as it v.....
Tags : Supreme Court , separation of powers, unconstitutional, arbitral awards, arbitration clause
P&H HC: Public Morality Cannot Overshadow Constitutional Morality(11.05.2022)
Punjab and Haryana High Court while dealing with a petition seeking protection of life and personal liberty, has ruled that the Constitutional right o.....
Tags : Punjab and Haryana High Court, life and personal liberty, Constitutional right
Delhi HC Criminalizes Marital Rape; Holds Exception 2 Of Section 375 IPC Unconstitutional(11.05.2022)
Delhi High Court has passed a split verdict challenging the Exception 2 of Section 375 of Indian Penal Code, 1860, exempting forceful sexual intercour.....
Tags : Delhi High Court, Section 375 , sexual intercourse, marital rape, unconstitutional
Telangana HC Strikes Down Ennuchs Act as Unconstitutional(10.07.2023)
Telangana High Court while striking down the Telangana Eunuchs Act, 1329 Fasli, as unconstitutional, observed that the statute is an intrusion into pr.....
Tags : Telangana High Court, Ennuchs Act, Unconstitutional
Meg. HC: HC/SC Can’t Interfere with Views of Specialized Body Unless Grossly Inappropriate(10.07.2023)
Meghalaya High Court has held that body that deals with a particular type of matters is expected to have greater command over law applicable in the fi.....
Tags : Meghalaya High Court, Specialized Body, Constitutional Court
SC Iterates Cardinal Principles, A Judge Must Adhere To(23.03.2016)
Supreme Court, while observing that judges of constitutional courts increasingly deviating from the impassioned and impartial path of adjudication, h.....
Tags : Supreme Court, constitutional courts
South Korea's Constitutional Court Upholds President Park Geun Hye Impeachment(14.03.2017)
South Korea's Constitutional Court has upheld impeachment of President Park Geun Hye in a unanimous vote, removing her from office over a graft scanda.....
Tags : South Korea's Constitutional Court, Impeachment, President Park Geun Hye
Allahabad High Court: Section 164(2) of Companies Act is Constitutionally Valid(21.01.2020)
Allahabad High Court has upheld the constitutional validity of Section 164(2) of the Companies Act, 2013, which stipulates that a Director whose compa.....
Tags : Allahabad High Court, Constitutional Validity, Section 164 (2) Companies Act, 2013
Kerala High Court Issues Notice to Centre on Plea Challenging Constitutionality of S.144B of IT Act(06.12.2021)
Kerala High Court has admitted a batch of writ petitions challenging the constitutional validity of the Faceless Assessment Procedure under Section 14.....
Tags : Kerala High Court, Constitutionality of S.144B of IT Act
Del. HC Upholds Validity of Section 115BBE of Income Tax Act(29.12.2023)
Delhi High Court while observing that Statutory Acts and their provisions are not to be declared unconstitutional on the fanciful theory that power wo.....
Tags : Delhi High Court, Constitutional Validity, Income Tax Act
SC Rejects Plea Seeking Codification of Constitutional Immunity to Lawmakers(18.10.2016)
Supreme Court has refused to entertain plea seeking codification of constitutional immunity from prosecution granted to lawmakers for their statements.....
Tags : Supreme Court, constitutional immunity
SC Upholds Citizen's Right to Challenge Constitutional Amendment Affecting States' Power(21.07.2021)
Supreme Court has observed that when a citizen of India challenges a constitutional amendment as being procedurally infirm, it is the duty of the Cour.....
Tags : Supreme Court, Citizen's Right to Challenge Constitutional Amendment Affecting States' Power
Kerala HC: Constitutional Jurisdiction Cannot be Used for Deciding Disputes(21.07.2021)
Kerala High Court has held that its constitutional jurisdiction cannot be used for deciding disputes for which remedies under the civil law are availa.....
Tags : Kerala High Court, Constitutional Jurisdiction
Raj HC to State: Provide Details of Curriculum & Management of Madrasas(18.07.2023)
Rajasthan High Court while hearing a PIL to declare the enactment of Rajasthan Madarsa Board Act, 2020, as unconstitutional, has directed State Govern.....
Tags : Rajasthan High Court, Madrasa, PIL, Unconstitutional
Kar. HC: Right to Associate and Association are Constitutionally Guaranteed(19.07.2023)
Karnataka High Court while observing that Right to associate and association are constitutionally guaranteed, has held that people gathering to pay ho.....
Tags : Karnataka High Court, Right to Associate, Constitutional Guarantee
SC Upholds Constitutionality of State Legislations on Entry Tax on Goods Coming into its Territory(11.11.2016)
Supreme Court has upheld constitutional validity of State Legislations with regard to levy of Entry Tax on goods coming into its territory.
Tags : Supreme Court, Entry Tax, Constitutionality
Bombay HC: Pre-Constitutional Documents Have Higher Probative Value While Considering Caste Claim(09.10.2017)
Bombay High Court has held that pre-constitutional documents have a higher degree of probative value while considering the caste claim of a candidate.
Tags : Bombay High Court, Pre-Constitutional Documents
Centre Introduces Constitutional Amendment Bill to Restore States' Power to Identify SEBCs(10.08.2021)
Central Government has introduced in the Lok Sabha the Constitution (One hundredth and twenty seventh amendment) Bill 2021 to restore the power of Sta.....
Tags : Central Government, Constitutional Amendment Bill
Bombay HC: Mandatory Pre-Deposit U/S 129E of the Customs Act Is Constitutional(14.07.2022)
Bombay High Court has held that the fiscal legislation can very well stipulate as a requirement of law a mandatory pre-deposit as a condition preceden.....
Tags : Bombay High Court, Customs Act, Mandatory Pre-Deposit, Constitutional
SC: Court Can’t Issue Writ to Legislature to Enact a Particular Law(14.08.2023)
Supreme Court while setting aside the direction of Madras High Court that directed the Central government to codify tort law has held that no Constitu.....
Tags : Supreme Court, Legislature, Tort Law, Constitutional Court
SC: Section 43D (5) UAPA Act Does Not Oust Ability of Constitutional Courts to Grant Bail(02.02.2021)
Supreme Court has held that Section 43D (5) of Unlawful Activities (Prevention) Act, 1967 (UAPA Act) per se does not oust the ability of Constitutiona.....
Tags : Supreme Court, Ability of Constitutional Courts to Grant Bail
Telangana HC Holds Telangana Value Added Tax (Second Amendment) Act, 2017 to be Unconstitutional(15.07.2022)
Telangana High Court has held that the Telangana Value Added Tax (Second Amendment) Act, 2017 is unconstitutional.
Tags : Telangana High Court, Value Added Tax, Unconstitutional
Mad. HC: Developing Hatredness Towards Trans-Genders in Locality is Unconstitutional(18.08.2023)
Madras High Court has observed that the act of Panchayat president seeking cancellation of land granted by Government to transpersons in the locality .....
Tags : Madras High Court, Trans-Genders, Land, Unconstitutional
SC Declares Section 3(2) of Benami Transactions Prohibition Act as Unconstitutional(23.08.2022)
Supreme Court has held that Section 3(2) of the Benami Transactions (Prohibition) Act 1988 as unconstitutional on the ground of being manifestly arbit.....
Tags : Supreme Court, Benami Transaction, Unconstitutional
Mad. HC: Continuance of Senthil Balaji as Minister w/o Portfolio Against Constitutional Ethos(06.09.2023)
Madras High Court while observing that continuance of V. Senthil Balaji as a Minister without Portfolio does not augur well with Principles of Constit.....
Tags : Madras High Court, V. Senthil Balaji, Constitutional Ethos
SC: 2014 Judgment Declaring Section 6A of DSPE Act as Unconstitutional has Retrospective Effect(11.09.2023)
Supreme Court has held that declaration made in Subramanian Swamy v. Union of India (MANU/SC/0417/2014), as to the unconstitutionality of Section 6A o.....
Tags : Supreme Court, Section 6A, DSPE Act, Unconstitutional, Retrospective Effect
SC: Question of Constitutional Validity Cannot be Dealt in a Casual/Cryptic Manner(29.07.2022)
Supreme Court while setting aside Karnataka High Court judgment which held Section 20 of Karnataka Slum Areas (Improvement and Clearance) Act, 1973 as.....
Tags : Supreme Court, Karnataka High Court, Unconstitutional
SC: 100% Reservation for Local Residents in Scheduled Areas Unconstitutional(03.08.2022)
Supreme Court has held that 100% reservation provided for the local residents in scheduled area would be violative of Article 16(2) of the Constitutio.....
Tags : Supreme Court, Reservation, Unconstitutional
Karnataka HC: Constitutional Functionaries Can't be Summoned as Witnesses on Mere Asking(05.08.2022)
Karnataka High Court has held that in civilised jurisdictions functionaries of constitutional bodies are not subjected to subpoena since they have to .....
Tags : Karnataka High Court, Civilised Jurisdiction, Constitutional Functionaries, Subpoena
SC Upholds Validity of Haryana Sikh Gurudwara (Management) Act 2014(20.09.2022)
Supreme Court has upheld the validity of the Haryana Sikh Gurudwara (Management) Act 2014 and dismissed the petitions challenging the constitutionalit.....
Tags : Supreme Court, Constitutionality, Gurudwara
SC Upholds Validity of Section 50(a) Delhi Land Reforms Act, 1954(21.09.2022)
Supreme Court while upholding the constitutional validity of Section 50(a) of the Delhi Land Reforms Act, 1954, has observed that State enactment rela.....
Tags : Supreme Court, Constitutionality, Land Reform
Meghalaya HC: Interviews Mostly Guided by Nepotism in India(22.09.2022)
Meghalaya High Court while observing that favouritism and nepotism are affecting government's recruitment drives, has held that the selection process .....
Tags : Meghalaya High Court, Selection Process, Constitutional Ethos
JKL HC: Detention Orders on Irrelevant Grounds are Violative of Constitutional Rights(27.10.2023)
Jammu and Kashmir and Ladakh High Court has held that inclusion of an irrelevant, non-existent, obscure, or vague ground is an invasion of the constit.....
Tags : Jammu and Kashmir and Ladakh High Court, Detention Orders, Constitutional Rights
Madras HC issues Notice on Plea Challenging Constitutional Validity of Faceless Assessment Scheme(28.10.2021)
Madras High Court has issued the notice to the Centre on plea challenging the constitutional validity of the Faceless Assessment Scheme.
Tags : Madras High Court, Constitutional Validity of Faceless Assessment Scheme
Raj. HC: Setting Different Retirement Age for Allopathic & Ayurvedic Doctors Unconstitutional(04.10.2022)
Rajasthan High Court has held that distinction created between Allopathic and Ayurvedic doctors by setting different retirement ages, is unconstitutio.....
Tags : Rajasthan High Court, Unconstitutional, Retirement Age
SC Astounded by Plea to Declare Fundamental Rights as Unconstitutional(11.10.2022)
Supreme Court while rejecting a petition seeking a declaration that the Fundamental Rights enshrined in Part III of the Constitution were ultra vires .....
Tags : Supreme Court, Fundamental Rights, Unconstitutional
SC Upholds Validity of IBC Provisions Relating to Personal Guarantors(09.11.2023)
Supreme Court has upheld the constitutional validity of IBC provisions (Section 95 to Section 100) relating to Personal Guarantors Insolvency Resoluti.....
Tags : Supreme Court, IBC, Constitutional Validity, Personal Guarantors
SC Asks Madras HC to Decide Constitutional Validity of Section 40(a)(iib) of Income Tax Act(26.11.2020)
Supreme Court has directed the Madras High Court to decide the constitutional validity of Section 40(a)(iib) of the Income Tax Act, 1961.
Tags : Supreme Court, Constitutional Validity of Section 40(a)(iib) of Income Tax Act
SC Upholds the Validity of EWS Reservation in Education & Public Employment(07.11.2022)
Supreme Court has by 4:1 majority upheld the validity of the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker S.....
Tags : Supreme Court, EWS Reservation, Constitutional
SC to Solicitor General: Provide Data on No. of People Benefitted from S.6A of Citizenship Act(06.12.2023)
Supreme Court while hearing pleas challenging the constitutional validity of Section 6A of the Citizenship Act, 1955, has asked Solicitor General of I.....
Tags : Supreme Court, Citizenship Act, Section 6A, Constitutional Validity
MP HC: Provision Requiring Inter-Faith Couples to Declare Conversion Before DM is Unconstitutional(18.11.2022)
Madhya Pradesh High Court has held that Section 10 of MP Freedom of Religion Act, 2021 which requires a person desiring to convert religion to give a .....
Tags : Madhya Pradesh High Court, Freedom of Religion, Unconstitutional
SC Issues Notice in Plea Challenging Constitutional Validity of S. 18 of Transgender Act(21.01.2022)
Supreme Court has issued notice to the Union Government in a writ petition filed challenging the Constitutional validity of Section 18 of the Transgen.....
Tags : Supreme Court, Constitutional Validity of S. 18 of Transgender Act
Delhi HC Declares Section 22(3) of Competition Act Unconstitutional(15.04.2019)
Delhi High Court has declared Section 22(3) of the Competition Act, 2002 as unconstitutional and void.
Tags : Delhi High Court, Competition Act, Unconstitutional
SC Dismisses Plea Challenging Constitutionality of Execution of Death Penalty by Hanging(02.03.2020)
Supreme Court has dismissed a Petition filed by an 88-year old freedom fighter challenging the constitutional validity of Section 354(5) of the Code o.....
Tags : Delhi Court, Constitutionality of Execution of Death Penalty
Madras HC to Suo Motu Test Constitutional Validity of Section 36B of Advocates Act, 1961(02.03.2020)
Madras High Court has decided to suo moto consider the validity of Section 36B of the Advocates Act, 1961, in as much as it stipulates that in case a .....
Tags : Madras High Court, Constitutional Validity of Section 36B of The Advocates Act
Madras High Court: Section 6 of MGNREGA Not Unconstitutional(05.03.2020)
Madras High Court has held that Section 6 of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), 2005 is not violative of Articles 1.....
Tags : Madras High Court, Constitutionality of MGNREGA
Tel. HC: Constitutional Validity of Section 38(2) of RP Act and Rule 5.7.1 of ECI’s Handbook Upheld(01.03.2024)
Telangana High Court has upheld the constitutional validity of Section 38(2) of the Representation of the People Act, 1951 (RP Act) and Rule 5.7.1 of .....
Tags : Telangana High Court, Section 38(2) of RP Act, Election Commission of India, Constitutional Validity
Delhi High Court: Cannot Compromise Individual’s Right to Use His or Her Name for Own Goods(11.03.2024)
Delhi High Court has held that an individual’s right to use his/her name for their own goods cannot be compromised as it would result in infringement .....
Tags : Delhi High Court, Identity Marker, Unconstitutional
SC Declines Plea Challenging Constitutional Validity of Provisions of CGST Act, 2017(08.01.2021)
Supreme Court has declined to entertain a writ petition challenging constitutional validity of various provisions of the Central Goods Service Tax Act.....
Tags : Supreme Court, Constitutional Validity of Provisions of CGST Act, 2017
Madras High Court Issues Notice on Plea Challenging Constitutional Validity of RP Act(11.01.2021)
Madras High Court has issued notices to the Centre and Election Commission of India (ECI) on a Petition challenging the constitutional validity of Sec.....
Tags : Madras High Court, Constitutional Validity of Representation of Peoples Act, 1951
Karnataka High Court Issues Notice on Plea Challenging Constitutionality of Sections 99 & 100 of IBC(10.12.2021)
Karnataka High Court has issued notice to the Union of India and two others on a petition seeking to declare section 99 and 100 of the Insolvency and .....
Tags : Karnataka High Court, Constitutionality of Sections 99 & 100 of IBC
Supreme Court Issues Directions to Enforce Shreya Singhal Judgment(13.10.2022)
Supreme Court while directing that no one should be prosecuted under Section 66A of Information Technology Act 2000, which was struck down as unconsti.....
Tags : Supreme Court, Shreya Singhal, Unconstitutional
Canadian SC: Mandatory and Lifetime Registration on Sex Offender Registry is Unconstitutional(31.10.2022)
Supreme Court of Canada has held the country's mandatory and lifetime registration on the sex offender registry is unconstitutional.
Tags : Supreme Court of Canada, Sex Offender Registry, Unconstitutional
Supreme Court Upholds Constitutional Validity of SC/ST Amendment Act, 2018(10.02.2020)
Supreme Court has upheld the constitutional validity of Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018 that ruled ou.....
Tags : Supreme Court, Constitutional Validity, SC/ST
SC Upholds Constitutional Validity of Section 3A(3) HPMVT Act(16.01.2023)
Supreme Court has upheld the constitutional validity of levy of additional special road tax under Section 3A(3) of Himachal Pradesh Motor Vehicles Tax.....
Tags : Supreme Court, Constitutional Validity, HPMVT Act
SC Strikes Down Section 10(26AAA) Income Tax Act as Unconstitutional(16.01.2023)
Supreme Court while striking down exemption provision under Section 10(26AAA) Income Tax Act as unconstitutional for excluding Sikkimese woman because.....
Tags : Supreme Court, Section 10(26AAA) Income Tax Act, Unconstitutional, Sikkimese woman
Taiwan’s Constitutional Court Rules 'Illegal to Ban Marriages Between Two People of Same Sex'(25.05.2017)
Taiwan’s Constitutional Court, while paving the way for Asia’s first law allowing same-sex marriage, has ruled that it is illegal to ban marriages bet.....
Tags : Taiwan’s Constitutional Court, same-sex marriage
Delhi HC: Virginity Test is Unconstitutional(08.02.2023)
Delhi High Court while observing that virginity test is “sexist” and violates human right to dignity has held that virginity test conducted on an accu.....
Tags : Delhi High Court, Virginity Test, Unconstitutional
SC: High Courts Not Subordinate to Supreme Court(15.02.2023)
Supreme Court while considering SLP seeking to direct Patna High Court to decide a pending writ petition within a time bound schedule, has observed th.....
Tags : Supreme Court, Subordinate Courts, Constitutional Courts
Chhattisgarh HC: 100% Reservation for Women is Unconstitutional(13.03.2023)
Chhattisgarh High Court has declared Note-2 under Schedule-III of Chhattisgarh Medical Education Service Recruitment Rules, 2013 & consequent advertis.....
Tags : Chhattisgarh High Court, Unconstitutional, Chhattisgarh Medical Education (Gazetted) Service Recruitment Rules
SC Upholds Constitutional Validity of Section 43B(f) of Income Tax Act(27.04.2020)
Supreme Court has upheld the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, reversing the judgment of the Calcutta .....
Tags : Supreme Court, Constitutional Validity of Section 43B(f) of Income Tax Act
SC Directs UOI to Compensate Former RAW Employee(27.04.2020)
Supreme Court has directed the Union of India to pay "constitutional compensation" to the tune of Rs. 1 Lakh for impugning upon the Fundamental rights.....
Tags : Supreme Court, Constitutional Compensation
Madras High Court Strikes Down Section 32(2) Of Benami Transaction Act as Unconstitutional(05.04.2022)
Madras High Court has declared that Section 32(2) of the Prohibition of Benami Property Transactions Act, 1988 as unconstitutional and directed the go.....
Tags : Madras High Court, Section 32(2) of the Prohibition of Benami Property Transactions Act, 1988, unconstitutional.
SC: Const. Courts Can Impose Life Sentence for Fixed Term Without Remission(30.03.2023)
Supreme Court has held that even in case where capital punishment is not imposed, Constitutional Courts can impose fixed term sentence by directing th.....
Tags : Supreme Court, Life Sentence, Remission, Capital Punishment, Constitutional Courts
Constitutional Validity of S. 71(3A) of IT Act Upheld by Delhi High Court(03.06.2024)
Delhi High Court has upheld the constitutional validity of Section 71(3A) of the Income Tax Act, 1961 which was added by Section 31 of the Finance Act.....
Tags : Delhi High Court, Constitutional Validity, Income Tax Act, 1961
Ker. HC: High Degree of Diligence Required from Authorities in Matters of Preventive Detention(04.06.2024)
Ker. HC has held that diligence of a high degree is expected from authorities in cases of preventive detention as it involves curtailment of some of t.....
Tags : Kerala High Court, Preventive Detention, Constitutional Right
Himachal Pradesh High Court: Timeline Cannot be Imposed on Speakers to Decide Resignations of MLAs(19.06.2024)
Himachal Pradesh High Court has held that no timeframe can be fixed by the Constitutional Court for the Speaker to decide the issue of resignation ten.....
Tags : Himachal Pradesh High Court, Constitutional Court, Resignation, Legislative Assembly
Kar. HC: For Denial of Relief by Court, Political Influence in Transfer & Posting May be the Ground(25.06.2024)
Karnataka High Court has observed that the act of public servants causing political influence in matters of transfer & posting is a matter of deprecat.....
Tags : Karnataka High Court, Political Influence, Public Servants, Constitutional Jurisdiction
Delhi HC Issues Notice on Plea Challenging Constitutional Validity of IT Rules(08.07.2021)
Delhi High Court has issued a notice to the Central Government on a plea moved by Press Trust of India (PTI), challenging the constitutional validity .....
Tags : Delhi High Court, Constitutional Validity of IT Rules
Supreme Court: Performance Audit of Maharashtra Slum Areas Act, Directed(01.08.2024)
SC while suggesting audit of Maharashtra Slum Areas Act, 1971 has stated that reviewing and assessing implementation of statute is an integral part of.....
Tags : Supreme Court, Performance Audit, Constitutional Courts
Kerala HC: Amounts Collected From Persons Based on Unconstitutional Levy Entitled to Refund(28.04.2022)
Kerala High Court has held that persons from whom a fee was collected under a State Circular calling for applications for use of unnotified land for o.....
Tags : Kerala High Court, fee, State Circular, unconstitutional
SC Stays Cg. HC’s Order Declaring 58% Reservation in Jobs & Admissions as Unconstitutional(02.05.2023)
Supreme Court has stayed Chhattisgarh (Cg) High Court’s order declaring the state government’s move of giving 58 per cent reservation as ‘unconstituti.....
Tags : Supreme Court, Reservation, Jobs & Admissions, Unconstitutional
SC Upholds Constitutional Validity of Section 140(5) Companies Act 2013(04.05.2023)
Supreme Court while upholding the constitutional validity of Section 140(5) of the Companies Act, 2013, and observed that application/proceedings unde.....
Tags : Supreme Court, Constitutional Validity, Companies Act
Bom. HC: Constitutional Validity of UGC Regulations on Open and Distance Learning, Upheld(09.07.2024)
Bom HC has upheld constitutional validity of UGC (Open & Distance Learning Programmes & Online Programmes) Regulations, 2020 that require universities.....
Tags : Bombay High Court, UGC Regulations, Constitutional Validity, Distance Learning
President Gives Assent to 105th Constitutional Amendment to Restore States' Power to Identify SEBCs(20.08.2021)
President of India, Mr. Ram Nath Kovind has given assent to the Constitution (One Hundred and Fifth Amendment) Act, 2021 which restores the power of S.....
Tags : President of India, 105th Constitutional Amendment
PIL on Stray Dog Issue Refused by Supreme Court(17.07.2024)
Supreme Court has refused to entertain a Public Interest Litigation (PIL) filed regarding prevention of accidents arising due to stray dogs issue and .....
Tags : Supreme Court, Public Interest Litigation, Constitutional Courts
Supreme Court: It’s the Constitutional Duty of State to Protect Water Bodies(19.07.2024)
Supreme Court has held that it is the paramount duty of the State not only to protect the ponds/lakes/water bodies in the State but also to ensure tha.....
Tags : Supreme Court, Water Bodies, Constitutional Duty
Ker. HC: Response Sought from Govt. Regarding Tourism Dept. Vehicles Carrying Dignitaries(24.07.2024)
Ker. HC has sought response from the Government on a query regarding the vehicles owned by the Tourism Department, which are used for carrying constit.....
Tags : Kerala High Court, Tourism Department, Constitutional Dignitaries
Supreme Court Upholds Constitutional Validity of Amendments Related to Charitable Trust Registration(11.04.2022)
Supreme Court has upheld the constitutional legality of the recent amendments made in the Finance Act, 2020 with regard to the new provisions regardin.....
Tags : Supreme Court, constitutional legality, Finance Act, 2020, Income Tax Act, 1961, religious trusts
Karnataka HC Upholds Constitutional Legality of Proviso (v) to S.14(1) SARFAESI Act(14.04.2022)
Karnataka High Court has upheld the Constitutional legality of proviso (v) Section 14(1) of the Securitization and Reconstruction of Financial Assets .....
Tags : Karnataka High Court, Constitutional legality, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
Rajasthan High Court Issues SOP to Protect Constitutional Rights of Couples(05.08.2024)
Rajasthan High Court after taking notice of the unnecessary harassment and violence faced by couples by their families and others, has issued a Standa.....
Tags : Rajasthan High Court, Constitutional Rights, Standard Operating Procedure
Bombay HC: Constitutional Validity of Regulation Setting Out Qualification to Obtain CoP, Upheld(09.08.2024)
Bom. HC has upheld constitutional validity of Regulation 10 of Institute of Actuaries of India Regulations, 2017 that sets out the qualification requi.....
Tags : Bombay High Court, Constitutional Validity, Certificate of Practice
Supreme Court: Constitutional Validity of Section 6A of Citizenship Act, 1955 Upheld(17.10.2024)
Supreme Court has upheld the constitutional validity of Section 6A of Citizenship Act, 1955 that grants citizenship to immigrants who entered India be.....
Tags : Supreme Court, Constitutional Validity, Citizenship Act, Section 6A
SC Recalls Judgement Striking Down S. 3(2) and 5 of the Benami Transactions (Prohibition) Act, 1988(21.10.2024)
Supreme Court has recalled its judgement which struck down Sections 3(2) and 5 of the Benami Transactions (Prohibition) Act, 1988 as unconstitutional.
Tags : Supreme Court, Unconstitutional, Section 3(2)
Supreme Court Upholds Constitutional Validity of UP Madarsa Education Act, 2004(05.11.2024)
SC while setting aside Allahabad High Court’s judgement that struck down the UP Board of Madarsa Education Act, 2004, has upheld the constitutional va.....
Tags : Supreme Court, Madarsa Education Act, Constitutional Validity
Allahabad HC Declares "Triple Talaq" Unconstitutional, Upholds Constitutional Sovereignty(08.12.2016)
Allahabad High Court, while declaring “triple talaq" as unconstitutional, has said that it violates rights of Muslim women and has observed that "No.....
Tags : Allahabad HC, Triple Talaq, Unconstitutional, Constitution
Delhi HC: When Provision Declared Unconstitutional, It Does Not Get Repealed or Wiped Out(02.08.2021)
Delhi High Court has held that when a provision is declared unconstitutional, it does not get repealed or wiped out; if the defects are cured through .....
Tags : Delhi High Court, Provision Declared Unconstitutional
Del. HC Uphelds Constitutional Validity of Rule 4 of Delhi High Court (Original Side) Rules, 2018(27.08.2024)
Delhi High Court has upheld the constitutional validity of Rule 4, Chapter VII of the Delhi High Court (Original Side) Rules, 2018 which makes it mand.....
Tags : Delhi High Court, Constitutional Validity, Written Statement
Supreme Court: In Matters of Personal Liberty, Each Day’s Delay Matters(13.09.2024)
Supreme Court has held that in the matters pertaining to personal liberty of the citizens, the Authorities are enjoined with a constitutional obligati.....
Tags : Supreme Court, Personal Liberty, Constitutional Obligation
Supreme Court: Private Parties are Free to Change their Party Loyalties(23.09.2024)
SC has held that private citizens are free to change their party loyalties, there is no bar on a private citizen professing loyalty to any political p.....
Tags : Supreme Court, Constitutional Amendment, Private Citizens