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constitutionality

Case BriefsHigh Courts

KAR HC│ One of the most profound tenets of Constitutionalism is presumption of Constitutionality assigned to each legislation enacted

Karnataka High Court: P.S. Dinesh Kumar J dismissed the petition being devoid of merits. The facts of the case are such that

Published on May 6, 2021By Editor_4
Leave a comment4103 views
Case BriefsSupreme Court

Madras HC refuses to decide vires of Section 40(a)(iib) of the Income Tax Act pending assessment proceedings. SC disapproves the approach

“Vires of a relevant provision goes to the root of the matter.”

Published on November 28, 2020December 4, 2020By Prachi Bhardwaj
Leave a comment2488 views
Case BriefsForeign Courts

Louisiana’s statutory requisite for persons convicted of sex offences, to carry an ID card branded with the words ‘Sex Offender’, declared unconstitutional | Detailed Report

Supreme Court of Louisiana: While determining the constitutionality of statutory requisite under La. R.S. 40:1321(J) and La. R.S. 15:542.1.4(C) that, persons convicted

Published on October 24, 2020By Editor_4
1 Comment2103 views
Case BriefsSupreme Court

Legislature has not defeated the dictum in Bharat Earth Movers case by inserting clause (f) to Section 43B of the IT Act

Supreme Court: The 3-judge bench of AM Khanwilkar, Hemant Gupta and Dinesh Maheshwari, JJ has the constitutional validity of clause (f) of

Published on April 25, 2020May 1, 2020By Prachi Bhardwaj
Leave a comment2647 views
Case BriefsHigh Courts

Bom HC | Validity of “Guidelines for Registration of Sales Contract for Import of Poppy Seeds from Turkey” issued by CBN upheld

Bombay High Court: A Division Bench of S.C. Dharmadhikari and G.S. Patel, JJ. dismissed a criminal writ petition challenging the constitutionality of the

Published on August 30, 2019September 3, 2019By Bhumika Indulia
Leave a comment3567 views
Case BriefsHigh Courts

Bom HC | Issues of constitutionality of a statute not to be decided for mere academic purpose

Bombay High Court at Goa: The Division Bench of M.S. Sonak & Prithviraj K. Chavan, JJ. dismissed a set of petitions holding that

Published on February 1, 2019February 4, 2019By Bhumika Indulia
Leave a comment2314 views
Hot Off The PressNews

Aadhaar: 5-judge Supreme Court bench reserves verdict after hearing the matter for 38 days

After hearing the much-debated Aadhaar matter for 38 days, the 5-judge bench of Dipak Misra, CJ and Dr. AK Sikri, AM Khanwilkar, Dr.

Published on May 10, 2018By Prachi Bhardwaj
Leave a comment4004 views
Case BriefsHigh Courts

Gujarat HC issues notice to Union & State Govt over constitutionality of National & State GST Appellate Tribunals

Gujarat High Court: The Court  heard a petition filed by two Chartered Accountants, challenging the constitutionality of the National and State/ Regional

Published on May 9, 2018June 19, 2018By Saba
Leave a comment2187 views
Hot Off The PressNews

Aadhaar Hearing [Day 16]: Deadline for linking Aadhaar extended till final disposal of matter: SC

As the Aadhaar Hearing reached Day 16, Senior Advocate P. Chidamabaram concluded his arguments on the issue of Aadhaar Act, 2016 being

Published on March 13, 2018By Prachi Bhardwaj
Leave a comment3534 views
Case BriefsSupreme Court

Section 21A of the Banking Regulation Act, 1949 cannot override State Debt Relief Acts on subject of relief from agricultural indebtedness

Supreme Court: Upholding the constitutional validity of Section 21A of the Banking Regulation Act, 1949, the Bench of RF Nariman and Navin

Published on February 19, 2018February 21, 2018By Prachi Bhardwaj
Leave a comment8013 views
Case BriefsSupreme Court

Adultery: Constitution Bench to decide the constitutional validity of Section 497 IPC

Supreme Court: Noticing that there is a need to reconsider the earlier judgments on the Constitutional validity of Section 497 IPC, regard

Published on January 5, 2018January 12, 2018By Prachi Bhardwaj
1 Comment7673 views
Case BriefsSupreme Court

Offices of Parliamentary Secretaries cannot be created by State Legislature

Supreme Court: In the case where the competence of Assam Legislature to make the Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous

Published on July 26, 2017July 28, 2017By Prachi Bhardwaj
Leave a comment4620 views
Case BriefsSupreme Court

Karnataka State Law granting consequential seniority to the Government servants belonging to SC/ST Category, held unconstitutional

Supreme Court: Deciding the validity of the Karnataka Determination of Seniority of the Government Servants Promoted on the Basis of Reservation (To

Published on February 10, 2017February 27, 2017By Prachi Bhardwaj
Leave a comment7265 views
Case BriefsSupreme Court

Sections 305, 306 and 387 of the Madhya Pradesh Municipal Corporation Act, 1956 are reasonable and consistent with Article 300-A of the Constitution

Supreme Court: Stating that sections 305, 306 and 387 of the Madhya Pradesh Municipal Corporation Act, 1956 are quite reasonable, the Court

Published on November 30, 2016December 30, 2016By Prachi Bhardwaj
1 Comment6812 views
Case BriefsSupreme Court

Uttar Pradesh’s Vidhayak Nidhi Scheme does not violate Article 243SZD of the Constitution

Supreme Court: In the petition dealing with the legality of the Vidhayak Nidhi Scheme in the State of Uttar Pradesh which provides

Published on November 22, 2016December 2, 2016By Prachi Bhardwaj
Leave a comment3362 views
Case BriefsSupreme Court

9-judge bench upholds the validity of entry tax imposed on goods imported from other States

Supreme Court: Writing down a long judgment of 883 pages, the 9-judge bench, by a 7:2 majority, upheld the validity of the

Published on November 11, 2016January 30, 2017By Prachi Bhardwaj
Leave a comment14851 views
Case BriefsSupreme Court

Satluj Yamuna Link Row: The Punjab Termination of Agreement Act, 2004 unconstitutional

Supreme Court: On a request made by President of India for an advisory opinion to this Court under Article 143 (1) of

Published on November 11, 2016November 24, 2016By Prachi Bhardwaj
Leave a comment4996 views
Case BriefsSupreme Court

Ex-Chief Ministers cannot occupy government bungalows after completion of their tenure

Supreme Court: Expressing serious concern over the issue pertaining to government bungalows occupied by former Chief Ministers of the State of Uttar

Published on August 1, 2016September 13, 2016By Sucheta
Leave a comment4105 views
Case BriefsSupreme Court

Court to decide if disapproval of views taken in the matters of administration amounts to defamation

Supreme Court: In the matter where apart from the constitutional validity of the law on criminal defamation under Section 500 IPC and

Published on July 15, 2016September 13, 2016By Sucheta
Leave a comment4336 views
Case BriefsHigh Courts

Petition challenging the validity of Section 18 of Micro, Small and Medium Enterprises Development Act, 2006, dismissed

Madras High Court: While deciding upon the issues involving the constitutionality of Section 18 of Micro, Small and Medium Enterprises Development (MSMED)

Published on June 23, 2016July 1, 2016By Sucheta
1 Comment8584 views

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