Constitutional validity Archives

Agnipath has an objective of creating an Armed Force which is agile, youthful, physically fit, and mentally alert; Delhi High Court upholds the constitutional validity of Agnipath scheme

The Agniveer Scheme will increase the ‘leader to led ratio from 1.1 to 1.28; a ratio that would aspire confidence and would ease the pressure of the forces on the ground.

Case Briefs Supreme Court

Explained| Why Supreme Court upheld the constitutionality of the Kerala MV Taxation (Amendment) Act, 2005, & the Kerala Motor Transport Workers' Welfare Fund (Amendment) Act, 2005

Supreme Court: In a case raising questions on the Constitutional validity of sub-sections (7) and (8) of Section 4 [introduced

Case Briefs High Courts

Delhi High Court |Section 17 of Senior Citizens Act, 2007 not to come in way of legal representation before the Maintenance Tribunal

Delhi High Court: In a case filed by the petitioners challenging the vires of Section 17 of the Maintenance and

Case Briefs Supreme Court

Supreme Court holds private school teachers entitled to gratuity; upholds Constitutional validity of Payment of Gratuity (Amendment) Act, 2009

“When the legislature acts within its power to usher in a valid law and rectify a legal error, even after a court ruling, the legislature exercises its constitutional power to enact the law and does not overrule an earlier court decision.”

Case Briefs Supreme Court

The Election cannot brook any delay! SC directs Maharashtra Election Commission to conduct local elections on the basis of pre-amendment delimitation

Supreme Court: The Bench comprising of A.M. Khanwilkar, Abhay S. Oka and C.T. Ravikumar, JJ., directed Maharashtra State Election Commission to expeditiously

Case Briefs High Courts

Megh HC | Constitutional validity of Meghalaya Resident Safety and Security Act (MRSSA), 2016 challenged; Court directs State to explain purpose of facilitation centres

Meghalaya High Court: The Division Bench of Biswanath Somadder, CJ. and H. S. Thangkhiew, J., dealt with a PIL which was filed

Case Briefs

MP HC | Rule 2(13) read with Entry 3 and 4 of Schedule I of the Madhya Pradesh Medical Admission Rules, 2018 violative of Articles 14 and 19(1)(g) of the Constitution? Court explains in writ filed by Private Universities

Madhya Pradesh High Court: The Division Bench of Mohammad Rafiq, CJ. and Vijay Kumar Shukla, J., heard a writ petition which was

Case Briefs Supreme Court

‘Parliament entitled to make policy choices on fiscal issues’;Here’s why Supreme Court upheld constitutionality of Section 54(3) of CGST Act

“A claim to refund is governed by statute. There is no constitutional entitlement to seek a refund.”

Case Briefs High Courts

Madras HC | Political Party DMK challenged Constitutional Validity of S. 60(c) of Representation of the People Act 1951. Why HC held that EC provided right to use postal ballot to certain persons who otherwise would have been excluded? Know more

Madras High Court: The Division Bench of Sanjib Banerjee, CJ and Senthilkumar Ramamoorthy, J., while addressing a riveting issue wherein a political

Case Briefs High Courts

Jhar HC | Clarifying the scope of Para 5(1) of Schedule V to the Constitution, Court strikes down notification granting preferential treatment to residents of scheduled districts in matters of public employment

Jharkhand High Court: A Full Bench of H.C. Mishra, Shree Chandrashekhar and Deepak Roshan JJ., while deciding on the validity of the

Case Briefs High Courts

Ker HC | No writ of mandamus can be issued to direct the legislature to enact any law; Court upholds validity of State Commission for SC/ST Act

Kerala High Court: A Division Bench of S. Manikumar and Shaji P. Chaly, JJ., while deciding the Constitutional validity of the Kerala

Case Briefs High Courts

Pat HC | Court upholds the constitutional validity of S. 234E of Income Tax Act; petition challenging the same disposed

Patna High Court: In a petition alleging Section 234E of the Income Tax Act, 1961 to be unconstitutional, ultra vires and in

Case Briefs Foreign Courts

Constitutional Court of South Africa declines confirming High Court orders invalidating Citizenship Amendment Act, 2010

Constitutional Court of South Africa: 9-Judge Bench of the Constitutional Court unanimously decided upon the constitutional validity of Section 2(1) of the

Case Briefs High Courts

Utt HC | Constitutional validity of Uttarakhand Char Dham Devasthanam Management Act upheld; S. 22 read down to save legislation from being struck down

Uttaranchal High Court: A Division Bench of Ramesh Ranganathan, CJ and R.C Khulbe, J., addressed the challenge placed on the constitutionality of the

Case Briefs Foreign Courts

Canada SC | Parliament of Canada has power to criminalise forced genetic testing or disclosure of a person’s genetic test results without their consent

Sucheta Sarkar, Editorial Assistant has put this story together

Case Briefs High Courts

All HC | State of U.P. to file response with regard to petition assailing constitutional validity of — Uttar Pradesh Recovery of Damages to Public and Private Property Ordinance, 2020

Allahabad High Court: A Division Bench of Govind Mathur, CJ and Samit Gopal, J., addressed a petition assailing the constitutional validity of

Case Briefs High Courts

Kar HC | Challenge to constitutional validity of amendment in Karnataka Transparency in Public Procurements Act making concessions in favour of SC/ST rejected

Karnataka High Court: B. Veerappa, J. dismissed the writ petition filed under Articles 226 and 227 of the Constitution of India, by

Cyril Amarchand Mangaldas Experts Corner

Landmark Decision by Delhi High Court on Constitutional Validity of Certain Provisions of the Competition Act

Bharat Budholia, Partner, Aishwarya Gopalakrishnan, Principal Associate and Dhruv Rajain, Senior Associate, Cyril Amarchand Mangaldas

Cite as: (2019) PL (Comp. L) June 77

Hot Off The Press News

Breaking| Review Petition against the 5-Judge Bench Aadhaar Judgment filed in SC

Petitioner named Imtiyaz Ali Palsaniya has filed for a review petition in the Supreme Court against the Constitution Bench decision in K.S.

Case Briefs Foreign Courts

Settlement Agreement set aside by virtue of which office of National Director of Public Prosecutions was vacated

Constitutional Court of South Africa: Bench comprising of Cachalia, Dlodlo, Goliath and Petse, AJ., Froneman, Jafta, Khampepe, Madlanga, and Theron, JJ., confirmed