Supreme Court upholds constitutional validity of provisions relating to Personal Guarantors in IBC; Holds IBC cannot operate in retroactive manner
“IBC does not suffer from any manifest arbitrariness to violate Article 14 of the Constitution”
Constitutional validity
SC seeks Centre’s response on plea challenging constitutionality of Section 437A CrPC
Supreme Court also sought assistance from Attorney General for India, R. Venkataramani.
Delhi High Court upholds constitutional validity of Rule 3, 5, 6 and 8 of Animal Birth Control Rules, 2023
The issue under consideration was whether the ABC Rules, 2023 unjustly exclude individual veterinarians from the animal birth control programme, thereby infringing upon their constitutional rights.
‘Not violative of Articles 19(1)(g), 300-A of Constitution’; Patna High Court upholds constitutionality of Section 16(4) of CGST Act, 2017 and BGST Act, 2017
“Fiscal legislation having uniform application to all registered persons, cannot be said to be violative of Article 19(1)(g) of the Constitution and the question of such statutory provision being violative of Article 302 of the Constitution and in teeth of Article 13 of the Constitution of India does not arise at all.”
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.
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
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
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.”
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
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
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
‘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.”
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
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
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
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
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
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
Canada SC | Parliament of Canada has power to criminalise forced genetic testing or disclosure of a person’s genetic test results without their consent
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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