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Constitutional Law Judiciary

Displaying Judiciary 1 - 10 of 209 in 21 pages


Noncompliance, the provisions of the Hazardous Wastes Rules, 1989, should be declared as unconstitutional


The basic grievance of the Writ Petitioner was with regard to the import of toxic wastes from industrialized countries to India, despite such wastes being hazardous to the environment and life of the people of this country. The Writ Petitioner sought ...



on 11 August 2012 | by Diganta Paul | More



Constitutional validity under article 32 of Section 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974


The central issue in this petition under Article 32 of the Constitution concerns constitutional validity of Section 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, ‘COFEPOSA’) to the extent it emp ...



on 10 August 2012 | by Apurba Ghosh | More



To contest in election and elect office bearer in SCBA the condition of regular practitioner need to be fulfilled


The aforesaid appeals had been filed on behalf of the Supreme Court Bar Association and its then Honorary Secretary, Mr. Ashok Arora, and Ms. Sunita B. Rao, Coordinator, Implementation Committee of the Supreme Court Bar Association, against an interi ...



on 30 July 2012 | by Apurba Ghosh | More



Order of the court hving no jurisdiction over the matter can be set aside


The disputes that arose between the parties were referred to the Arbitral Tribunal constituted under Article 34.3 of the PSC. The challenge by the Petitioner to a partial Award dated 31st March 2005 of the Arbitral Tribunal, before the High Court of ...



on 17 May 2012 | by Apurba Ghosh | More



As per the SC decision Court cannot interfere in policy matter of state unless the policy violate the mandate of constitution


In the present case also, no obligation on the part of the respondents to frame the Rules, notwithstanding the impracticality thereof, is established. It is purely a policy matter. The Supreme Court in Kanhaiya Lal Sethia Vs. UOI (1997) 6 SCC 573 hel ...



on 27 April 2012 | by Apurba Ghosh | More



Write petition on Insult of the national flag - Flag Code 2002


Facts: This writ petition has been filed making grievance that the respondents, namely, Yog Guru Baba Ramdev; Shri Anna Hazare, Mrs. Kiran Bedi and others have, on several occasions insulted the National Flag and violated the norms of waiving of Nat ...



on 17 January 2012 | by Praveen Sharma | More



If the relatives are belong to the ST than no body can deprive from the same benefit only in the absence of his personal document


The appellant, who holds a degree of Bachelor of Engineering (BE), was appointed as a field officer by the Maharashtra Pollution Control Board, respondent No.2 herein, against a post reserved for “Scheduled Tribe”, on probation with effect from 16th ...



on 16 November 2011 | by Apurba Ghosh | More



Due of subscription as per rule 40 of member of State Bar Council restricted him to be part in the Electoral Role and election become invalid in case less than ten vote is communicated


The facts very briefly are that for elections to the Bar Council of Maharashtra and Goa (for short ‘the State Bar Council’), Electoral Roll was prepared in which the names of the Advocates on the roll of the State Bar Council who had not paid the sub ...



on 07 November 2011 | by Diganta Paul | More



As per the limitation Act 1963 application for seting aside award is to be made within 30 days of notice of service


The facts very briefly are that the appellants and the respondent No.1 entered into a contract for construction of PMT Complex for NSG at Manesar. The contract contained an arbitration clause for resolving disputes between the parties. As disputes a ...



on 01 November 2011 | by Diganta Paul | More



Special officer of coop.society is a Public authority and writ will lie against


The Special Officer is appointed under the provisions of the Act and as such he is a statutory Officer and, therefore, he should be regarded as a public authority. Apart from that Art. 226 of the Constitution is not confined to issue of writ only ...



on 20 September 2011 | by Isaac Gabriel | More











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