challenge Archives

‘Petition filed due to misguided over enthusiasm’; Patna HC dismisses plea by a lawyer challenging Sections 2, 9, 12, 18 of the Constitution (101st Amendment) Act, 2016

The public interest asserted cannot be entertained since dealers registered under earlier VAT regime, now shifted to GST regime, by virtue of Constitution (101st Amendment) Act, 2016 cannot be said to be a marginalized section, who are incapable of agitating their rights before the courts of law.

Case Briefs High Courts

Orders passed by tribunals under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 also amenable to challenge under Article 227: Delhi High Court

The orders passed by the tribunals and the judicial acts by administrative bodies or authorities or persons exercising quasi-judicial functions are all amenable to challenge under Article 226 of the Constitution.

Case Briefs High Courts

Delhi High Court dismisses plea challenging appointment of Dr. Ishwarappa as Director of Morarji Desai National Institute of Yoga

“Petitioner has not provided evidence of such a nature that will compel the Court to override the presumption of regularity or question the legitimacy of Dr. Ishwarappa’s tenure as a Director of Morarji Desai National Institute of Yoga.”

Case Briefs High Courts

Delhi High Court strikes down R. 14(2)(b) of Building & Other Construction Workers Welfare Cess Rules, 1998 being ultra vires the provisions of S. 11 Building and Other Construction Workers Welfare Cess Act, 1996

Delhi High Court: In a petition filed challenging the vires of Rule 14 of Building & Other Construction Workers Welfare

Case Briefs Supreme Court

Bar under Order 23 Rule 3A CPC to challenge compromise decree extends to strangers as well

Supreme Court: The bench of AM Khanwilkar and Ajay Rastogi, JJ has held that a decree passed on a compromise cannot be