Constitutional Law with Article 246

Supreme Court settles the nature of relationship between State Governments and lottery distributors for Service Tax applicability: Union of India vs. Future Gaming Solutions Pvt. Ltd. (2025) INSC 181 (11 February 2025)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 246, Entry 62, List II of the Seventh Schedule, Entry 97, List I of the Seventh Schedule, Finance Act, 1994, Finance Act, 1994 with Section 66D, Judges, Nongmeikapam Kotiswar Singh, Section 65 of the Finance Act, 1994

Date of the Judgment: 11 February 2025 Citation: (2025) INSC 181 Judges: B.V. Nagarathna, J., Nongmeikapam Kotiswar Singh, J. The Supreme Court addressed the critical question of whether lottery distributors act as agents of the state government or as independent entities. This determination is crucial for deciding the applicability of service tax under the Finance […]

Supreme Court settles the nature of relationship between State Governments and lottery distributors for Service Tax applicability: Union of India vs. Future Gaming Solutions Pvt. Ltd. (2025) INSC 181 (11 February 2025) Read Post »

Supreme Court Upholds State’s Power on Court Fees in ADR Cases: Sanjeevkumar vs. Union of India (2024)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 89, Constitutional Law, Constitutional Law with Article 246, Constitutional Law with Article 372, Court Fees Act, 1870, Court Fees Act, 1870 with Section 16, Legislative Powers

Supreme Court Upholds State’s Power on Court Fees in ADR Cases: Sanjeevkumar vs. Union of India (2024) LEGAL ISSUE: Whether a State can legislate on court fees for cases settled through Alternative Dispute Resolution (ADR) mechanisms, and whether a Central law mandating full refunds would override such State laws. CASE TYPE: Civil Law, Court Fees,

Supreme Court Upholds State’s Power on Court Fees in ADR Cases: Sanjeevkumar vs. Union of India (2024) Read Post »

Supreme Court Upholds State’s Right to Withdraw Consent for CBI Investigations: West Bengal vs. Union of India (2024)

/ Constitutional Law, Constitutional Law with Article 131, Constitutional Law with Article 246, Delhi Special Police Establishment Act, 1946, Delhi Special Police Establishment Act, 1946 with Section 5, Delhi Special Police Establishment Act, 1946 with Section 6, Federalism

Supreme Court Upholds State’s Right to Withdraw Consent for CBI Investigations: West Bengal vs. Union of India (2024) LEGAL ISSUE: Whether the Union of India can authorize the Central Bureau of Investigation (CBI) to register and investigate cases within a state after the state has withdrawn its general consent under Section 6 of the Delhi

Supreme Court Upholds State’s Right to Withdraw Consent for CBI Investigations: West Bengal vs. Union of India (2024) Read Post »

Supreme Court Upholds State’s Power to Link Welfare Fund Contribution with Vehicle Tax Payment: All Kerala Distributors Association vs. State of Kerala (2022)

/ A.M. Khanwilkar, Abhay S. Oka, C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 246, Judges, Legislative Competence, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 81

Supreme Court Upholds State’s Power to Link Welfare Fund Contribution with Vehicle Tax Payment: All Kerala Distributors Association vs. State of Kerala (2022) LEGAL ISSUE: Whether the State Legislature can mandate the production of a receipt of welfare fund contribution as a prerequisite for the payment of vehicle tax, and if such a mandate is

Supreme Court Upholds State’s Power to Link Welfare Fund Contribution with Vehicle Tax Payment: All Kerala Distributors Association vs. State of Kerala (2022) Read Post »

Supreme Court Upholds Repeal of Manipur Act but Strikes Down Saving Clause: State of Manipur vs. Surjakumar Okram (2022)

/ B.R. Gavai, B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 142, Constitutional Law with Article 246, Fundamental Rights, Judges, L. Nageswara Rao, Legislative Competence, Legislative Competence with List II Entry 39, Legislative Competence with List II Entry 40, State Legislature Powers

Supreme Court Upholds Repeal of Manipur Act but Strikes Down Saving Clause: State of Manipur vs. Surjakumar Okram (2022) LEGAL ISSUE: Legislative competence of a state legislature to enact laws regarding parliamentary secretaries and the validity of saving clauses in repealing acts. CASE TYPE: Constitutional Law/Legislative Competence Case Name: State of Manipur & Ors. vs.

Supreme Court Upholds Repeal of Manipur Act but Strikes Down Saving Clause: State of Manipur vs. Surjakumar Okram (2022) Read Post »

Supreme Court Declares Part IXB of Constitution Ultra Vires for State Co-operative Societies: Union of India vs. Rajendra N Shah (2021)

/ B.R. Gavai, Constitutional Law, Constitutional Law with Article 246, Constitutional Law with Article 368, Fundamental Rights, Judges, K.M. Joseph, R.F. Nariman

Supreme Court Declares Part IXB of Constitution Ultra Vires for State Co-operative Societies LEGAL ISSUE: Constitutional validity of Part IXB of the Constitution of India concerning co-operative societies. CASE TYPE: Constitutional Law Case Name: Union of India vs. Rajendra N Shah & Anr. Judgment Date: 20 July 2021 Introduction Date of the Judgment: 20 July

Supreme Court Declares Part IXB of Constitution Ultra Vires for State Co-operative Societies: Union of India vs. Rajendra N Shah (2021) Read Post »

Supreme Court Upholds State’s Authority to Set Sugarcane Prices Above Central Minimum: West U.P. Sugar Mills Association vs. State of Uttar Pradesh (22 April 2020)

/ Aniruddha Bose, Arun Mishra, Concurrent List, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 246, Essential Commodities Act, 1955, Essential Commodities Act, 1955 with Section 3(2)(c), Indira Banerjee, Judges, M.R. Shah, Vineet Saran

Supreme Court Clarifies State Power to Fix Sugarcane Prices Above Central Minimum Date of the Judgment: 22 April 2020 Judges: Arun Mishra, Indira Banerjee, Vineet Saran, M.R. Shah, Aniruddha Bose Can a state government fix sugarcane prices that are higher than the minimum price set by the central government? This was the core legal question

Supreme Court Upholds State’s Authority to Set Sugarcane Prices Above Central Minimum: West U.P. Sugar Mills Association vs. State of Uttar Pradesh (22 April 2020) Read Post »

Supreme Court Strikes Down Direct Appeal Provision Under Chhattisgarh Rent Control Act (2019)

/ Arun Mishra, Chhattisgarh Rent Control Act, 2011, Constitutional Law, Constitutional Law with Article 136, Constitutional Law with Article 246, Indira Banerjee, Judges, Legislative Competence, M.R. Shah, Rent Control Law, Rent Control Tribunal, S. Ravindra Bhat, Vineet Saran

Chhattisgarh Rent Control Act: Supreme Court Invalidates Direct Appeals (2019) LEGAL ISSUE: Whether a State legislature can enact a law providing for direct appeals to the Supreme Court from a Rent Control Tribunal. CASE TYPE: Constitutional Law, Rent Control Case Name: Rajendra Diwan vs. Pradeep Kumar Ranibala & Anr. Judgment Date: 10 December 2019 Introduction

Supreme Court Strikes Down Direct Appeal Provision Under Chhattisgarh Rent Control Act (2019) Read Post »

Supreme Court Upholds Section 21A of Banking Regulation Act, but Carves Out Exception for State Debt Relief Acts in Agricultural Indebtedness Cases (2018)

/ Banking Regulation Act, 1949, Banking Regulation Act, 1949 with Section 21A, Constitutional Law, Constitutional Law with Article 246, Judges, Legislative Powers, Navin Sinha, R.F. Nariman

Supreme Court Upholds Section 21A of Banking Regulation Act, but Carves Out Exception for State Debt Relief Acts in Agricultural Indebtedness Cases (2018) LEGAL ISSUE: The constitutional validity of Section 21A of the Banking Regulation Act, 1949, which restricts courts from reviewing interest rates charged by banks. CASE TYPE: Constitutional Law, Banking Law, Debt Relief

Supreme Court Upholds Section 21A of Banking Regulation Act, but Carves Out Exception for State Debt Relief Acts in Agricultural Indebtedness Cases (2018) Read Post »

Supreme Court Upholds Entry Tax on Imported Goods: State of Kerala vs. Fr. William Fernandez (2017)

/ A.K. Sikri, Ashok Bhushan, Constitutional Law, Constitutional Law with Article 246, Constitutional Law with Article 286, Entry Tax, Judges, Legislative Powers, Tax Law, Tax Law with Orissa Entry Tax Act, 1999, Taxing Powers of State

Can states levy entry tax on goods imported from outside India? The Supreme Court of India addressed this crucial question in a batch of appeals, including State of Kerala vs. Fr. William Fernandez. This judgment clarifies the legislative powers of states regarding entry tax on imported goods. The court held that states have the authority

Supreme Court Upholds Entry Tax on Imported Goods: State of Kerala vs. Fr. William Fernandez (2017) Read Post »

Supreme Court Upholds Tax on Distributed Profits: Section 115O of the Income Tax Act, 1961 (20 September 2017)

/ A.K. Sikri, Agricultural Income, Ashok Bhushan, Constitutional Law, Constitutional Law with Article 246, Income Tax Act, 1961, Income Tax Act, 1961 with Section 115O, Judges, State List, Tax on Distributed Profits, Union List

LEGAL ISSUE: Whether Section 115O of the Income Tax Act, 1961, which imposes a tax on distributed profits by domestic companies, is constitutionally valid, especially concerning agricultural income. CASE TYPE: Tax Law Case Name: Union of India & Ors. vs. M/s. Tata Tea Co. Ltd. & Anr. Judgment Date: 20 September 2017 Introduction Date of

Supreme Court Upholds Tax on Distributed Profits: Section 115O of the Income Tax Act, 1961 (20 September 2017) Read Post »

Supreme Court Declares Assam Parliamentary Secretaries Act Unconstitutional: Bimolangshu Roy vs. State of Assam (2017)

/ Abhay Manohar Sapre, Constitutional Law, Constitutional Law with Article 164(1A), Constitutional Law with Article 194, Constitutional Law with Article 246, J. Chelameswar, Judges, R.K. Agrawal, Seventh Schedule, Seventh Schedule with Entry 39, Seventh Schedule with List II

LEGAL ISSUE: Whether a state legislature can create the position of Parliamentary Secretary when the Constitution specifies the offices of the political executive. CASE TYPE: Constitutional Law Case Name: Bimolangshu Roy (Dead) Through LRs vs. State of Assam & Another Judgment Date: July 26, 2017 Date of the Judgment: July 26, 2017 Citation: (2017) INSC

Supreme Court Declares Assam Parliamentary Secretaries Act Unconstitutional: Bimolangshu Roy vs. State of Assam (2017) Read Post »

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