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Constitutional Law Judgments and Orders

Whether Section 8(4) of Represntation of the People Act 1951 is ultra vires the Constitution

 13 July 2013

These two writ petitions have been filed as Public Interest Litigations for mainly declaring sub-section (4) of Section 8 of the Representation of the People Act, 1951 as ultra vires the Constitution...

Posted in Constitutional Law 1 comments |   3839 hits

Power, authority and jurisdiction to proceed against the candidate

 01 June 2013

With the help of this writ petition, made under Article 226, the petitioner, who holds a caste certificate acknowledging him as a member of the Scheduled Caste, has sought to get set aside and quashed, inter alia, the Memorandum, dated 05.12.2005, is..

Posted in Constitutional Law |   1829 hits

On cancellation of dealership notified on the grounds of manipulated data, a fair procedure needs to be followed in accordance with principles of natural justice

 01 June 2013

(A)Principles of natural justice: When a cancellation of dealership is notified on the ground of manipulated date based on the objections by a third party, the fair procedure in accordance with principles of natural justice should be followed. ..

Posted in Constitutional Law |   1509 hits

Any order that brings "Civil consequences" has to be made consistently with the principles of natural justice. (Landmark Judgement By SC)

 30 May 2013

The judgment in case of State of Orrissa vs. Binapani Dei is a hitorical judgment given by the supreme court. The Supreme Court for the first time said that any order that brings "Civil consequences" has to be made consistently with the principles of..

Posted in Constitutional Law 3 comments |   4771 hits

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

 11 August 2012

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..

Posted in Constitutional Law |   1995 hits

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

 10 August 2012

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..

Posted in Constitutional Law |   2318 hits

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

 30 July 2012

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..

Posted in Constitutional Law |   1936 hits

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

 17 May 2012

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 ..

Posted in Constitutional Law |   2315 hits

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

 27 April 2012

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..

Posted in Constitutional Law |   3556 hits

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

 17 January 2012

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..

Posted in Constitutional Law |   2836 hits

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

 16 November 2011

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..

Posted in Constitutional Law |   4963 hits

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

 07 November 2011

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..

Posted in Constitutional Law 1 comments |   2720 hits

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

 01 November 2011

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..

Posted in Constitutional Law |   3158 hits

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

 20 September 2011

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 ..

Posted in Constitutional Law |   3025 hits

OFFENSES OUT SIDE INDIA 498A- CRPC 188

 10 September 2011

HOW TO PROCEED WHEN CAUSE OF ACTION IS OUT SIDE INDIA 498A CASES..

Posted in Constitutional Law |   4566 hits

Magical Remedies

 25 August 2011

The Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954..

Posted in Constitutional Law |   3336 hits

Interim Orders

 18 August 2011

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Posted in Constitutional Law |   3176 hits

Jharkhand Justice Forum And Anr., ... vs State Of Jharkhand And Ors. on 29

 20 July 2011

Their Lordships held that the de facto doctrine is now well established that the acts of officers de facto performed by them within the scope of their assumed official authority, in the interest of the public or third persons and not for their own be..

Posted in Constitutional Law |   2045 hits

State Of Uttaranchal And Ors. vs Sidharth Srivastava And Ors.

 20 July 2011

Section 78(4) in The Uttar Pradesh Reorganisation Act, 2000 The National Commission For Backward Classes Act, 1993 Article 323(2) in The Constitution Of India 1949 Section 78 in The Uttar Pradesh Reorganisation Act, 2000 The Uttar Pradesh Reorgan..

Posted in Constitutional Law |   2205 hits

I. R. Cohelo Vs. State Of Tamilnadu: An Analysis Of The Case Relating To 9th Schedule Under Indian Constitution

 11 July 2011

An Analysis Of The Case Relating To 9th Schedule Under Indian Constitution..

Posted in Constitutional Law |   4579 hits







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