Legislative Competence

Supreme Court clarifies states’ power to amend VAT laws post GST implementation: State of Telangana & Ors. vs. M/S Tirumala Constructions (20 October 2023)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 19(1)(g), Goods and Services Tax (GST), Legislative Competence, Tax Assessments, Tax Law, Value Added Tax (VAT)

Supreme Court Clarifies States’ Power to Amend VAT Laws Post GST Implementation LEGAL ISSUE: Scope of states’ power to amend Value Added Tax (VAT) laws after the implementation of the Goods and Services Tax (GST). CASE TYPE: Tax Law, Constitutional Law Case Name: The State of Telangana & Ors. vs. M/S Tirumala Constructions [Judgment Date]: […]

Supreme Court clarifies states’ power to amend VAT laws post GST implementation: State of Telangana & Ors. vs. M/S Tirumala Constructions (20 October 2023) 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 »

Kerala Arbitration Act Overruled: Supreme Court Upholds Judicial Power (2022)

/ Arbitration Act, 1940, Arbitration and Conciliation Act, 1996, Arbitration Law, B.R. Gavai, Constitutional Law, Constitutional Law with Article 254, Judges, L. Nageswara Rao, Legislative Competence, Separation of Powers

Kerala Arbitration Act Overruled: Supreme Court Upholds Judicial Power (2022) LEGAL ISSUE: Legislative competence of a State to enact laws impacting arbitration and encroachment on judicial power. CASE TYPE: Civil Appellate Jurisdiction Case Name: The Secretary to Govt. of Kerala, Irrigation Department and Others vs. James Varghese and Others Judgment Date: 04 May 2022 Introduction

Kerala Arbitration Act Overruled: Supreme Court Upholds Judicial Power (2022) Read Post »

Supreme Court Upholds Repeal of Manipur Parliamentary Secretary Act, but Strikes Down Saving Clause

/ B.R. Gavai, B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 142, Constitutional Law with Article 194, Judges, L. Nageswara Rao, Legislative Competence

Supreme Court Upholds Repeal of Manipur Parliamentary Secretary Act, but Strikes Down Saving Clause LEGAL ISSUE: Whether the Manipur State Legislature had the competence to enact the Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provisions) Act, 2012 and subsequently repeal it with a saving clause. CASE TYPE: Constitutional Law Case Name: The State

Supreme Court Upholds Repeal of Manipur Parliamentary Secretary Act, but Strikes Down Saving Clause Read Post »

Supreme Court Upholds Manipur’s Repeal of Parliamentary Secretary Act, Limits 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 164, Judges, L. Nageswara Rao, Legislative Competence

Supreme Court Upholds Manipur’s Repeal of Parliamentary Secretary Act, Limits Saving Clause: State of Manipur vs. Surjakumar Okram (2022) LEGAL ISSUE: Whether the Manipur Legislature had the competence to enact a saving clause in the Repealing Act of the Manipur Parliamentary Secretary Act, 2012, after the Assam Act of 2004, which is in pari materia,

Supreme Court Upholds Manipur’s Repeal of Parliamentary Secretary Act, Limits Saving Clause: State of Manipur vs. Surjakumar Okram (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 Upholds Water Tax on Premises: Jalkal Vibhag Nagar Nigam vs. Pradeshiya Industrial and Investment Corporation (2021)

/ BV Nagarathna, Constitutional Law, Constitutional Law with Entry 49 of List II, Dhananjaya Y Chandrachud, Judges, Legislative Competence, Uttar Pradesh Water Supply and Sewerage Act, 1975, Uttar Pradesh Water Supply and Sewerage Act, 1975 with Section 52, Vikram Nath, Water Tax

Supreme Court Upholds Water Tax on Premises: Jalkal Vibhag Nagar Nigam vs. Pradeshiya Industrial and Investment Corporation (2021) LEGAL ISSUE: Whether the levy of water tax by Jal Sansthan is a tax on lands and buildings, and whether the State Legislature has the competence to levy such a tax. CASE TYPE: Civil Law, Taxation Case

Supreme Court Upholds Water Tax on Premises: Jalkal Vibhag Nagar Nigam vs. Pradeshiya Industrial and Investment Corporation (2021) Read Post »

Supreme Court clarifies electricity duty on sale to licensee: Magadh Sugar & Energy Ltd. vs. State of Bihar (24 September 2021)

/ Bihar Electricity Duty Act, 1948, Bihar Electricity Duty Act, 1948 with Section 2(b), Bihar Electricity Duty Act, 1948 with Section 2(ee), Bihar Electricity Duty Act, 1948 with Section 3, BV Nagarathna, Constitutional Law, Constitutional Law with Entry 53, Dhananjaya Y Chandrachud, Judges, Legislative Competence, Vikram Nath

Supreme Court clarifies electricity duty on sale to licensee: Magadh Sugar & Energy Ltd. vs. State of Bihar (2021) LEGAL ISSUE: Whether the sale of electricity by a generator to a licensee is subject to electricity duty under the Bihar Electricity Duty Act, 1948. CASE TYPE: Tax Law Case Name: M/s Magadh Sugar & Energy

Supreme Court clarifies electricity duty on sale to licensee: Magadh Sugar & Energy Ltd. vs. State of Bihar (24 September 2021) 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 clarifies preferential rights on agricultural land under Hindu Succession Act: Babu Ram vs. Santokh Singh (2019) INSC 176 (7 March 2019)

/ Constitutional Law, Hindu Succession Act, 1956, Hindu Succession Act, 1956 with Section 22, Intestate Succession, Judges, Legislative Competence, List II, State List, List III, Concurrent List, M.R. Shah, Preferential Right, Uday Umesh Lalit

Supreme Court Clarifies Preferential Rights on Agricultural Land Under Hindu Succession Act Date of the Judgment: 7 March 2019 Citation: (2019) INSC 176 Judges: Uday Umesh Lalit, J., M.R. Shah, J. Can a person’s right to buy family property be prioritized over an outsider when the property is agricultural land? The Supreme Court of India

Supreme Court clarifies preferential rights on agricultural land under Hindu Succession Act: Babu Ram vs. Santokh Singh (2019) INSC 176 (7 March 2019) Read Post »

Supreme Court Upholds GST Compensation Cess Act: Union of India vs. Hind Energy and Coal Benefication (2018)

/ A.K. Sikri, Ashok Bhushan, Clean Energy Cess, Constitutional Law, Constitutional Law with Article 246A, Constitutional Law with Article 270, Goods and Services Tax, GST Compensation Cess, Judges, Legislative Competence, Tax Law

Supreme Court Upholds GST Compensation Cess Act: Union of India vs. Hind Energy and Coal Benefication (2018) LEGAL ISSUE: Whether the Goods and Services Tax (Compensation to States) Act, 2017 is constitutionally valid and within the legislative competence of the Parliament. CASE TYPE: Tax Law, Constitutional Law Case Name: Union of India & Anr. vs.

Supreme Court Upholds GST Compensation Cess Act: Union of India vs. Hind Energy and Coal Benefication (2018) Read Post »

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