‘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.”
Constitutional validity
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
Sucheta Sarkar, Editorial Assistant has put this story together
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
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
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
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.
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
Bombay HC upholds constitutional validity of Real Estate (Regulation and Development) Act, 2016
Bombay High Court: Following the orders of the Supreme Court to hear petitions challenging the constitutional validity of several provisions of the
Rules 3 & 3-A of the Allahabad High Court Rules, 1952 perfectly valid
Supreme Court: Upholding the Constitutional validity of the provisions of Rule 3 and Rule 3-A of Chapter XXIV of the Allahabad High