Search Results for Tag : Article
Notifications & Circulars
Bicycles-Retro Reflective Devices (Quality Control) Order, 2020(09.07.2020)
In exercise of the powers conferred by sub-sections (1) and (2) of section 16 read with section 17 of the Bureau of Indian Standards Act, 2016 (11 of .....
Tags : Quality Control, Articles, Applicability
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Constitution of Committee for Review of Articles of Association of Indian Institute of Insurance Surveyors and Loss Assessors(14.02.2022)
The Authority had constituted Surveyors and Loss Assessors Committee vide Order No. IRDA/SURV/ORDER/MISC/100/04/2020 dated 24/04/2020. This committee .....
Tags : Review, Articles, Loss Assessors
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Blast from the Past
Article 370 allows amendments without breaking applicability of the Act(30.03.1961)
Though the Supreme Court may feel embattled by the recent influx of cases birthed under the auspices of Article 370 of the Constitution – challenging .....
Tags : Article 370, Kashmir, amendment
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Top Story
Government Repeals Article 370 of the Constitution in respect of Jammu and Kashmir(05.08.2019)
The Central Government announced a historic decision by introducing Bill for repeal of provisions under Article 370 of the Constitution of India grant.....
Tags : Article 370, Repeal, Bill
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Domiciling a special class: a new reservation(27.10.2015)
The Supreme Court, hearing petitions against State policies of Andhra Pradesh, Telangana and Tamil Nadu to restrict eligibility of students to super-s.....
Tags : Article 370, article 371, special class, Andhra Pradesh, telangana
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Judgments
As per Article 300A of the Constitution, no one shall be deprived of his property except in accordance with law.(20.11.2023)
The present revision has been filed challenging the order whereby the motorcycle of the revisionist has been confiscated on the ground that on inspect.....
Tags : Confiscation, Article 300A, Legislature
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Writ Courts while exercising jurisdiction under Article 226 of Constitution can interfere in the decisions of the Disciplinary Committee, only if, the same are contrary to law.(20.11.2023)
The present writ petition has been filed under Article 226 of the Constitution of India for challenging the order passed by Paralympic Committee suspe.....
Tags : Writ jurisdiction, writ court, Paralympic Committee, Article 226 of Constitution
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Court to not entertain petition under Article 226 if bona fides of Petitioner in doubt(11.08.2015)
In a case where the Bhishma Pithamaha challenged tax notices issued against another person, the Court held that the petition under Article 226 of the .....
Tags : Tax, article 226, notice
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“Article 370 only provision of Constitution that applies to [J&K] on its own”(09.10.2015)
In a petition against the accelerated promotion of government servants in Jammu and Kashmir, under the auspices of reservation, the Jammu and Kashmir .....
Tags : Article 370, constitution, jammu and Kashmir, status
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Allahabad High Court ends sedition proceedings against Arun Jaitley(05.11.2015)
In a strongly worded judgment the Allahabad High Court quashed sedition proceedings against Union Minister Arun Jaitley, terming the Magistrate’s find.....
Tags : Sedition, Arun Jaitley, article, opinion
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Petitioner must show impinging of right, not demand creation anew, to invoke jurisdiction under Article 226(14.07.2015)
In claim that the Petitioner's error in shading the wrong code of the test booklet should have been corrected by the invigilator, the High Court found.....
Tags : Examination, error, existing right, article 226
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Rs. 1 lakh imposed as costs for duplicitous proceedings(09.03.2016)
The Supreme Court burdened a Petitioner with costs of Rs. 1,00,000 for abusing the process of the court. The Petitioner had filed a petition before th.....
Tags : abuse of process, article 226
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News
SC: Absence of Arbitration Agreement Make Article 137 of Limitation Act Inapplicable to Arbitration(07.04.2022)
Supreme Court has observed that Article 137 of the Limitation Act, 1963 would be inapplicable in arbitration proceedings commenced under Bihar Public .....
Tags : Supreme Court, Article 137 of the Limitation Act, 1963, Bihar Public Works Contracts Disputes Arbitration Tribunal, arbitration proceedings
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Delhi HC: Petition Under Article 227 Based on Violation of Legal Provisions Can't Be Allowed(08.04.2022)
Delhi High Court has ruled that a petition under Article 227 of the Constitution of India, 1949 cannot be allowed against an order passed under Sectio.....
Tags : Delhi High Court, Section 16(3), Arbitration and Conciliation Act, 1996, Article 227, Constitution, Tribunal, Jurisdiction
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Punjab & Haryana HC: Appointment on Contractual Basis Without Public Advertisement Not Regularized(11.04.2022)
Punjab and Haryana High Court has observed that employees appointed on contractual basis sans any advertisement and contrary to the provisions of Arti.....
Tags : Punjab and Haryana High Court, contractual basis, advertisement, Article 14, Article 16, Constitution of India
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Bombay HC: Petitions on Ground of Exceptional Circumstances by Arbitral Tribunal Not Maintainable(11.04.2022)
Bombay High Court has held that remedy under Section 16 of the Arbitration and Conciliation Act, 1996 lies elsewhere and the petitioners cannot file W.....
Tags : Bombay High Court, Arbitration and Conciliation Act, 1996, Article 226, Article 227, Constitution of India, exceptional circumstances
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Gauhati HC: Department Has Circumstantial Discretion to Include Exporters or Importers(11.04.2022)
Gauhati High Court has observed that the department has circumstantial discretion to include producers connected to exporters or importers of dumped a.....
Tags : Gauhati High Court, Domestic Industry, exporters, importers, dumped articles, circumstantial discretion
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SC: Summary Dismissal of Article 32 Writ Does Not Operate as Res Judicata(19.11.2021)
Supreme Court has observed that the summary dismissal of an earlier writ petition under Article 32 of the Constitution does not operate as res judicat.....
Tags : Supreme Court, Summary Dismissal of Article 32 Petition
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SC: Article 30 Not an Enabling Provision but an Obligation on State While Granting Minority Status(24.01.2024)
Supreme Court while hearing the issue of granting minority status to Aligarh Muslim University, has observed that Article 30 of the Constitution of In.....
Tags : Supreme Court, Article 30 of Constitution, Enabling Provision, Minority Status
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Calcutta HC: Cannot Excommunicate Person from Community Due to Matrimonial Dispute in Family(24.01.2024)
Calcutta High Court while setting aside an order of excommunication of person from Sikh Community has held that excommunication due of matrimonial dis.....
Tags : Calcutta High Court, Excommunicate, Matrimonial Dispute, Article 21 of Constitution of India
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Rajasthan High Court: Fully Developed Foetus Has Right to Life Under Article 21 of Constitution of In(25.01.2024)
Rajasthan High Court while denying minor rape survivor to terminate thirty one weeks pregnancy has held that fully developed foetus has the right to l.....
Tags : Rajasthan High Court, Article 21 of Constitution, Fully Developed Foetus, Termination of Pregnancy
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Del. HC: South Asian University an International Organization, Not Amenable to Writ Jurisdiction(25.01.2024)
Delhi High Court has held that South Asian University is not amenable to the writ jurisdiction under Article 226 of the Constitution of India as it en.....
Tags : Delhi High Court, South Asian University, Writ Jurisdiction, International Organization, Article 226 of Constitution
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Kar. HC: Can’t Stretch Protection u/a 21 to Those Posing Threat to Nation’s Sovereignty & Integrity(27.02.2024)
Karnataka High Court has held that Article 21 of Constitution of India cannot be stretched too long to afford protection to persons who have least con.....
Tags : Karnataka High Court, Article 21 of Constitution, Sovereignty
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Cal. HC: Cannot Differentiate Between Contractual and Permanent Employees For Maternity Leave(27.02.2024)
Calcutta High Court has held that, for the purpose of maternity leaves any differentiation done between permanent and contractual employees shall be p.....
Tags : Calcutta High Court, Maternity Leaves, Article 14 of Constitution
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Ker. HC: No Member of Hindu Public Can Claim to Perform Services That Only Archakas Can Perform(29.02.2024)
Kerala HC has held that no member of Hindu public could claim as part of rights protected by Article 25(2)(b) of Constitution of India, that a temple .....
Tags : Kerala High Court, Performing Services, Archakas, Article 25(2)(b) of Constitution
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Supreme Court: MPs/MLAs Cannot Claim Immunity Under Constitution of India For Receiving Bribe(04.03.2024)
Supreme Court has held that Members of Parliament and Legislative Assemblies cannot claim immunity under Articles 105(2) and 194(2) of the Constitutio.....
Tags : Supreme Court, Members of Parliament, Legislative Assemblies, Article 105(2) of Constitution
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SC: Article 20 Doesn’t Restrain Court from Imposing Lesser Punishment According to New Enforced Law(11.03.2024)
Supreme Court has held imposition of lesser punishment by courts, according to a new law that was enforced after the date of committing an offence, ca.....
Tags : Supreme Court, Lesser Punishment, Article 20 of Constitution
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Supreme Court: Cannot Describe Criticizing Abrogation of Article 370 of Constitution, as an Offence(11.03.2024)
Supreme Court has held that every citizen of India has a right to be critical of the action of abrogation of Article 370 of the Constitution of India .....
Tags : Supreme Court, Article 370 of Constitution, Abrogation
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Delhi HC: Litigant Seeking Adjournments Can't Invoke High Court's Supervisory Jurisdiction U/Art 227(21.04.2022)
Delhi High Court has observed that it is impermissible for a litigant to seek adjournments before a Trial Court and later invoke the jurisdiction of t.....
Tags : Delhi High Court, Trial Court, High Court, Article 227, litigant
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Delhi HC: High Court's Supervisory Jurisdiction Over Orders Under Order 39 Rules 1&2 Restricted(26.04.2022)
Delhi High Court has ruled that the scope of interference in exercise of its supervisory jurisdiction of the High Court under Article 227 of the Const.....
Tags : Delhi High Court, Article 227, Constitution of India, Code of Civil Procedure, 1908, Order XXXIX, supervisory jurisdiction
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SC Directs Verification of Workers' Claims as LIC Bound by Constitution(28.04.2022)
Supreme Court has said that the Life Insurance Corporation, as a statutory corporation, is bound by the mandate of Articles 14 and 16 of the Constitut.....
Tags : Supreme Court, Life Insurance Corporation, statutory corporation, Articles 14, Articles 16, 11,000 workers
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Kerala HC: Rule of Alternative Remedy is Rule of Discretion, Not Rule of Jurisdiction(29.04.2022)
Kerala High Court has observed that just because the court may not exercise its discretion under Article 226 of the Constitution since the availabilit.....
Tags : Kerala High Court, Article 226 of the Constitution, jurisdiction
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Delhi HC: Writ Remedy Cannot be Invoked in Tax Matters(02.05.2022)
Delhi High Court has held that the writ remedy under Article 226 of the Indian Constitution cannot be invoked in tax matters as the Income Tax Act, 19.....
Tags : Delhi High Court, article 226, Indian Constitution, Income Tax Act, 1961
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Delhi HC: Person Invoking Article 226 Must Come With Clean Hands, Disclose Correct Facts(25.05.2022)
Delhi High Court has observed that a person approaching the High Court under Article 226 of the Constitution must come with a pair of clean hands, add.....
Tags : Delhi High Court, Article 226, Constitution
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Calcutta HC: Compensation Cannot be Denied by State Only on Ground of Delay(27.05.2022)
Calcutta High Court has held that in case of land acquisition, State cannot deny its obligation to pay compensation only on ground of delay since Righ.....
Tags : Calcutta High Court, Article 300A, Land Acquisition
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Orissa HC: Entitlement to Salary/Pension is Part of Employee’s Right to Life and Property(30.05.2022)
Orissa High Court has held that prerogative of an employee to his salary/pension is an essential part of his right to life under Article 21 and right .....
Tags : Orissa High Court, Article 21, Article 300A
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No Protection Under Article 25 if Religious Practice Threatens People’s Health: Supreme Court(24.10.2018)
Supreme Court while allowing only less polluting green crackers, has observed Article 25 is subject to Article 21 and if a particular religious practi.....
Tags : Supreme Court, Article 25, Firecrackers
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Gujarat HC: Inclusion/ Exclusion of Name In Voters' List Not An Extraordinary Circumstance(18.05.2022)
Gujarat High Court has reiterated that removing a person's name from the voters' list is not an extraordinary circumstance that requires the High Cour.....
Tags : Gujarat High Court, voters' list, High Court, Article 226
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Delhi HC: Transgender Person to Produce Gender Re-Assignment Certificate, Violates Article 21(12.04.2022)
Delhi High Court has held that the Passport Rules, 1980 as they require a Transgender person to produce Gender Re-assignment certificate Surgery, is p.....
Tags : Delhi High Court, Passport Rules, Transgender person, Gender Re-assignment certificate, Article 21 of the Constitution
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Delhi HC: Transgender Person to Produce Gender Re-Assignment Certificate, Violates Article 21(12.04.2022)
Delhi High Court has held that the Passport Rules, 1980 as they require a Transgender person to produce Gender Re-assignment certificate Surgery, is p.....
Tags : Delhi High Court, Passport Rules, Transgender person, Gender Re-assignment certificate, Article 21 of the Constitution
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Delhi HC: Party Can't Exhaust Alternate Remedy in SC Before Approaching HC U/Art. 227(03.05.2022)
Delhi High Court has ruled that a party cannot be bound for exhausting the alternate remedy available before the Supreme Court before approaching the .....
Tags : Delhi High Court, Supreme Court, High Courts, Articles 226, Articles 227, Constitution
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Delhi HC Held That Writ Jurisdiction Cannot be Entertained If there is Alternative Remedy(05.05.2022)
Delhi High Court has declined to quash a re-assessment order on the ground that there was no violation of natural justice and the writ jurisdiction un.....
Tags : Writ Jurisdiction, Alternative Remedy, Article 226
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Calcutta HC: Writ Court Cannot Impose Penalty In Exercise of Plenary Jurisdiction(13.05.2022)
Calcutta High Court has ruled that a writ Court in exercise of its powers under Article 226 of the Constitution cannot inflict a penalty which is not .....
Tags : Calcutta High Court, writ Court, Article 226, plenary jurisdiction
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Madras HC: Can’t Approach HC U/A 226 if Effective And Statutory Remedy Exists Before NCLAT(30.06.2022)
Madras High Court has held that when an effective and statutory remedy lies before National Company Law Appellate Tribunal (NCLAT), aggrieved parties .....
Tags : Madras High Court, NCLAT, Madras High Court, Article 226
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Supreme Court Agrees to Hear Fresh Challenge to Article 370(15.01.2019)
Supreme Court has agreed to hear the PIL filed by BJP leader and lawyer Ashwini Upadhyay challenging Article 370 of the Constitution of India on April.....
Tags : Supreme Court, Article 370
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SC Refuses to Hear Fresh Challenge to Article 370(27.11.2018)
Supreme Court has refused to entertain a fresh petition challenging Article 370 of the Constitution of India which grants autonomous status to the sta.....
Tags : Supreme Court, Article 370
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Delhi HC: Object of Default Bail Linked With Accused’s Right under Article 21(10.08.2022)
Delhi High Court has held that object of default bail is inherently linked to Article 21 of the Constitution of India, laying emphasis on safeguarding.....
Tags : Delhi High Court, Default Bail, Article 21
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Article 226 Not to be Used for Deciding Disputes When Other Remedies are Available: SC(04.12.2018)
Supreme Court has observed that Article 226 can’t be used for deciding disputes when other remedies are available and held that a regular suit, and no.....
Tags : Supreme Court, Article 226
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Missionary Activities not Prohibited in India as Rights Under Art. 25 Available to All: Delhi HC(11.01.2019)
Delhi High Court has observed that missionary activities are not prohibited as fundamental right to religion is not restricted to citizens, but is ava.....
Tags : Delhi High Court, Constitution of India, Article 25
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SC: Article 32 is an Important & Integral Part of Basic Structure of Constitution(04.12.2020)
Supreme Court has reiterated that Article 32 is an important and integral part of the basic structure of the Constitution of India, 1949. Article 32 i.....
Tags : Supreme Court, Article 32 of Constitution of India
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SC: Successive FIRs by Same Informant Against Same Accused on Same Allegations Not Permissible(02.09.2022)
Supreme Court has held that registration of multiple FIRs by same person against same accused based on the same set of facts and the same cause of act.....
Tags : Supreme Court, FIR, Article 21
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Delhi HC: Interlocutory Order Rejecting Application for Amendment of Claims is Not Challengeable(12.09.2022)
Delhi High Court has held that all interlocutory orders passed by the Arbitral Tribunal are not amenable to challenge under Articles 226 and 227 of th.....
Tags : Delhi High Court, Arbitral Tribunal, Articles 226, Articles 227
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SC: Presence of Arbitration Clause Does Not Oust Writ Jurisdiction Under Article 226(18.02.2021)
Supreme Court has observed that presence of an arbitration clause within a contract between a state instrumentality and a private party is not an abso.....
Tags : Supreme Court, Writ Jurisdiction Under Article 226
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SC: Every Problem Does Not Have a Solution Through Article 32(03.10.2022)
Supreme Court while refusing to issue notice to States in a plea seeking policy for population control in India, has remarked that it would only issue.....
Tags : Supreme Court, Population Control, Article 32
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Del HC: FSSAI Must Ensure Speedy Inspection of Imported Food Articles for Home Consumption Release(03.10.2022)
Delhi High Court has held that the authorities of Food Safety and Standards Authority of India (FSSAI) have an obligation to ensure that all imported .....
Tags : Delhi High Court, FSSAI, Imported Food Articles
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Delhi High Court Dismisses Plea Challenging Article 370 of Indian Constitution(12.04.2017)
Delhi High Court has dismissed a plea challenging validity of Article 370 of Constitution which gives a special status to State of Jammu & Kashmir.
Tags : Delhi High Court, Jammu & Kashmir, Article 370
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Central Board of Indirect Taxes and Customs Notifies Customs Tariff Amendment Rules, 2021(04.02.2021)
Central Board of Indirect Taxes and Customs (CBIC) has notified Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dump.....
Tags : Central Board of Indirect Taxes and Customs, Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Amendment Rules, 2021
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Delhi HC: Speaker Can't Make Appointments to Secretariat(27.12.2022)
Delhi High Court while observing that Article 187 of Constitution applies to States for having separate secretarial staff and can’t be made applicable.....
Tags : Delhi High Court, Article 187, Speaker, House Secretariat
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Del. HC: National Commission For Scheduled Castes Cannot Initiate Enquiry On Specious Complaint(17.10.2022)
Delhi High Court has observed that National Commission For Scheduled Castes (SC) cannot initiate an enquiry under Article 338 of the Constitution of I.....
Tags : Delhi High Court, National Commission For Scheduled Castes, complaint, Article 338
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Bombay HC: Slum Dweller's Right to Shelter under Article 21 Can’t be Nullified(19.10.2022)
Bombay High Court has held that a slum dweller's right to shelter under Article 21 cannot be nullified by unconscionable delays caused by a developer .....
Tags : Bombay High Court, slum, Article 21
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Delhi HC: Not Allowing Student to Exams on Ground of Arrear of Fees is Violative of Article 21(19.01.2023)
Delhi High Court while observing that child’s future can’t be allowed to be spoiled and blemished by barring him from taking exam, has held that barri.....
Tags : Delhi High Court, Article 21, Exam, Fees
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Kar. HC: Govt. Taking Private Land Without Compensation Violates Constitutional Guarantees(13.02.2023)
Karnataka High Court while expressing anguish over actions of Karnataka Industrial Areas Development Board for failure to pay compensation to landowne.....
Tags : Karnataka High Court, Article 300A, Private Land, Compensation
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Gau. HC: Seized Articles Not Produced Before Court Can be Released Even if Investigation Pending(07.03.2023)
Gauhati High Court has held that criminal court has power under Section 457 CrPC to release seized articles even at the stage of investigation, if suc.....
Tags : Gauhati High Court, Seized Articles, Investigation
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SC: Petition U/A 32 of Constitution to Challenge Binding Judgment is Not Maintainable(09.03.2023)
Supreme Court has held that a petition under Article 32 of the Constitution cannot be maintained in order to challenge a binding judgment of this Cour.....
Tags : Supreme Court, Article 32, Binding Judgment, Maintainable
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Delhi HC to Centre: File Prayers of Pleas Pending before SC on Article 370(20.10.2015)
Delhi HC asked Centre to file prayers of petitions pending in Supreme Court challenging constitutional validity of Article 370 that gives special stat.....
Tags : Delhi HC, Centre, Article 370
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Delhi HC: Denying Admission Under EWS/DG Category Despite Allotment by DoE Violates Article 21A(03.03.2023)
Delhi High Court has held that denial of admission by school under EWS/DG category even after allotment of school by Directorate of Education (DOE), f.....
Tags : Delhi High Court, Admission, EWS/DG, Article 21A
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Supreme Court Turns Down Petition To Scrap Article 370(02.11.2015)
Supreme Court has ruled that only Parliament can take a call on scrapping Article 370, thus turning down a plea challenging the provision giving speci.....
Tags : Supreme Court, Article 370
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Supreme Court Declines to Entertain Plea Against "Article 15"(08.07.2019)
Supreme Court has declined to entertain a plea seeking cancellation of certificate issued by the Central Board of Film Certification to movie "Article.....
Tags : Supreme Court, Article 15
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Govt: Nil Customs Duty on Unclaimed Postal Articles Imported/ Returned to India(24.07.2017)
Central Government has notified complete exemption to unclaimed or re-directed postal articles imported/ returned to India subject to a condition that.....
Tags : Customs Duty, Unclaimed Postal Articles
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Supreme Court Asks "Whether Special Status for J&K Has Lapsed"(09.08.2017)
Supreme Court has asked Government to explain whether Article 370 of Constitution, which grants special status to Jammu and Kashmir, was a temporary p.....
Tags : Supreme Court, Article 370
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Madras HC: Petition Under Article 227 Maintainable for Both Civil and Criminal Proceedings(14.06.2021)
Madras High Court has held that a petition under Article 227 of the Constitution of India, 1949 is maintainable to seek the quashing of proceedings un.....
Tags : Madras High Court, Petition Under Article 227
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President Signs Notification Abolishing Article 370 of Constitution(05.08.2019)
President Ram Nath Kovind has signed the notification to scrap Article 370 of the Constitution of India, 1950 that grants special status to the State .....
Tags : President, Article 370
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SC Declines Urgent Hearings on Petitions Against Abrogation of Article 370 of Constitution of India(08.08.2019)
Supreme Court has said that there will be no urgent hearing on the two petitions by political analyst Tehseen Poonawalla and Advocate ML Sharma agains.....
Tags : SC, Article 370
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Delhi HC: Comparative Advertising is Protected Under Article 19(1)(a) of Constitution(19.05.2023)
Delhi High Court while observing that comparative advertising is protected under Article 19(1)(a) of Constitution as commercial speech, has held that .....
Tags : Delhi High Court, Comparative Advertising, Commercial Speech, Article 19(1)(a)
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Supreme Court Issues Notice to Jammu and Kashmir Government on Article 35A of Indian Constitution(14.08.2015)
Supreme Court on a petition of RSS-backed think tank challenging Article 35A of Indian Constitution send notice to Jammu and Kashmir Government.
Tags : Supreme Court,Article 35A ,Jammu and Kashmir Government
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J&K High Court: Art 370 Cannot be Repealed or Amended(12.10.2015)
J&K High Court on plea challenging Article 370 and Article 35A of the Constitution, has ruled that Article 370 is a “permanent” provision of Constitut.....
Tags : J&K High Court, Article 370
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Mad. HC: Punishing Person Without Proper Identification Directly Impinges Personal Liberty(01.06.2023)
Madras High Court while setting aside conviction of man charged for robbery has highlighted need for Test Identification Parade (TIP) and observed tha.....
Tags : Madras High Court, Test Identification Parade, Article 21 of the Constitution, Personal Liberty
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Mad. HC: Punishing Person Without Proper Identification Directly Impinges Personal Liberty(01.06.2023)
Madras High Court while setting aside conviction of man charged for robbery has highlighted need for Test Identification Parade (TIP) and observed tha.....
Tags : Madras High Court, Test Identification Parade, Article 21 of the Constitution, Personal Liberty
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Supreme Court Refers Pleas on Article 370 to 5-Judge Constitution Bench for October Hearing(28.08.2019)
Supreme Court has decided to examine the legal challenge against the Centre's decision to abrogate special status to Jammu and Kashmir, and referred t.....
Tags : Supreme Court, Article 370
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SC: State Must Abide by Article 14, Irrespective of Being in the Contractual Realm(07.07.2023)
Supreme Court has held that despite the fact that the issue falls into the contractual realm, the State has an obligation to comply with the requireme.....
Tags : Supreme Court, Contractual Realm, Article 14
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Supreme Court Explains there is No Concept of Negative Equality under Article 14 of Constitution(18.09.2019)
Supreme Court has noted that there is no concept of negative equality under Article 14 of Constitution of India. The Court further observed that what .....
Tags : Supreme Court, Article 14
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Orissa HC: Maternity Leave Can’t Simply be Denied on Technical Grounds(24.07.2023)
Orissa High Court has held that maternity leave is the inherent right of every woman employee which cannot simply be denied on technical grounds and a.....
Tags : Orissa High Court, Maternity Leave, Article 21
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SC: Can’t Entertain SLP Against NCDRC's Order Passed in Exercise of its Appellate Jurisdiction(27.07.2023)
Supreme Court has held that a party can approach the Apex Court under Article 136 of Constitution only if the order was passed by NCDRC was in exercis.....
Tags : Supreme Court, NCDRC, Appellate Jurisdiction, Article 136
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SC: Test Identification Parade Does Not Violate Article 20(3) Of Constitution(25.08.2023)
Supreme Court while observing that conduct of Test Identification Parade (TIP) is not violative of Article 20(3) of the Constitution, has held that ac.....
Tags : Supreme Court, Test Identification Parade, Article 20(3)
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SC: Court U/A 142 Can’t Ignore Any Substantive Statutory Provision Dealing with a Subject(05.10.2023)
Supreme Court has held that court in exercise of powers under Article 142 cannot ignore any substantive statutory provision dealing with the subject, .....
Tags : Supreme Court, Article 142, Substantive Law
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Journalists Appeal Against Jail Term For 'Breach of Privilege', Karnataka High Court to Hear on Monday(29.11.2017)
Journalists Appeal Against Jail Term For 'Breach of Privilege', Karnataka High Court to Hear on Monday
Tags : The Assembly, during its ongoing winter session, re-confirmed the one-year-jail term and Rs 10,000 fine for writing articles that "breached the privilege of MLAs".
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Delhi High Court Acquits Man of Murdering Wife, Says He Was of Unsound Mind(29.11.2017)
Delhi High Court Acquits Man of Murdering Wife, Says He Was of Unsound Mind
Tags : The bench said that certain circumstances of the case, like the "ghastly manner" in which the woman was killed, which was evident from 24 injuries on the woman's body caused by several household articles, were perhaps "reflective of his chronic mental state".
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SC Clarifies Article 14 Does not Forbid Reasonable Classification for Purposes of Legislation(11.10.2019)
Supreme Court has upheld a compassionate appointment regulation of Rajasthan State Road Transport Corporation which restrained dependants of a decease.....
Tags : SC, Article 14
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JKL HC: Director’s Resignation to Take Immediate Effect if No indication About Same in AoA(23.10.2023)
Jammu and Kashmir and Ladakh High Court has held that in the absence of any indication as regards the effect of resignation in the Articles of Associa.....
Tags : Jammu and Kashmir and Ladakh High Court, Articles of Association, Resignation
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Tel. HC: S.22A of Registration Act Doesn’t Violate Article 300A of Constitution(23.10.2023)
Telangana High Court has held that the action of non-registration of a document under Section 22A of Registration Act, 1908 does not prevent a person .....
Tags : Telangana High Court, Registration Act, Article 300A
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Apex Court Grants 28 Days to Centre to Reply to Pleas Challenging Abrogation of Article 370(01.10.2019)
Apex Court has granted four weeks time to the Centre to respond to petitions challenging abrogation of Article 370 of Constitution of India which gave.....
Tags : Apex Court, Article 370
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Ker. HC: Arbitrary Bail Condition for Default Bail Violates Article 21(05.12.2023)
Kerala High Court has held that arbitrary conditions imposed while granting statutory/default bail amount to infringement of the fundamental right of .....
Tags : Kerala High Court, Article 21, Bail Condition, Default Bail
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SC Rules in Favor of Central Government in batch of pleas challenging the Abrogation of Article 370(11.12.2023)
Supreme Court Constitution Bench has unanimously held that Jammu and Kashmir does not hold any internal sovereignty after accession to Union of India .....
Tags : Supreme Court, Article 370, Constitution Bench
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SC: Court is Expected to Timely Conclude Trail When Detention of Accused is Continued by Court(21.11.2023)
Supreme Court has held that when the detention of the accused is continued by the Court, the courts are also expected to conclude the trials within a .....
Tags : Supreme Court, Detention, Article 21, Speedy Trial
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Kar. HC: Article 261 Provides Legitimacy and Conclusiveness to Judicial Records(24.11.2023)
Karnataka High Court has held that the ‘full faith and credit clause’ was introduced under Article 261(1) of the Constitution to provide legitimacy an.....
Tags : Karnataka High Court, Judicial Records, Conclusiveness, Article 261
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Delhi HC Issues Notice on Plea by Recently Released UK Ex-Convict, Seeking Removal of Articles(12.11.2021)
Delhi High Court has issued notice on a plea filed by a man namely Mohammed Umar Ashrafi, who was convicted by UK's Leicester Crown Court in 2015 and .....
Tags : Delhi High Court, Removal of Articles, Right to be Forgotten
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Kar. HC: Taking Away Job of Employee Without Enquiry is Violation of Fundamental Rights(15.01.2024)
Karnataka High Court has held that if a criminal case has been registered against an employee, he/she cannot be dismissed from service without holding.....
Tags : Karnataka High Court, Employee, Fundamental Rights, Article 21
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Kerala HC: Complaint Filed Against Defamatory Article Published Against RSS(25.01.2022)
Kerala High Court has ruled that a complaint filed by the State Secretary of the Rashtriya Swayamsevak Sangh (RSS) against a defamatory article publis.....
Tags : Kerala High Court, Defamatory Article Published Against RSS
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Mad HC: Lawyers Enlisted by Banks Don’t Hold Civil Post; Not Entitled to Reservation Under Art. 16(06.02.2024)
Madras High Court has held that the lawyers who are empanelled by the banks to represent them in cases do not hold a civil post and thus, the law of r.....
Tags : Madras High Court, Article 16 of Constitution, Reservation, Appointment
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Madras HC: Participation in Funeral of Immediate Family Member Part of Article 25 of Constitution(12.02.2024)
Madras High Court while paving way for an undertrial to attend his father’s funeral, has held that right to attend funeral of the parent/spouse/child .....
Tags : Madras High Court, Article 25 of Constitution
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Ker HC: Writ Jurisdiction Under Article 226 of Constitution Can’t Be Invoked For Execution of Decree(16.02.2024)
Kerala High Court has held that for execution of a decree, writ jurisdiction under Article 226 of the Constitution of India cannot be invoked when the.....
Tags : Kerala High Court, Writ Jurisdiction, Article 226 of Constitution, Execution of Decree
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All. HC: Denying Pension by Applying Amended Rule Retrospectively Violates Arts. 14 & 16 of COI(25.01.2024)
Allahabad HC has held that denying pension to individual by retrospectively applying Uttar Pradesh Electricity Regulatory Commission (Appointment and .....
Tags : Allahabad High Court, Denying Pension, Article 14 of Constitution, Article 16 of Constitution
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Allahabad High Court: Medical Grant A Fundamental Right Under Article 21 of Constitution of India(29.01.2024)
Allahabad High Court while directing the State to pay additional compensation to mother-son duo who suffered acid attack injuries, has held that medic.....
Tags : Allahabad High Court, Medical Grant, Article 21 of Constitution
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Supreme Court Quashes Defamation Case Against Newspaper, States it as ‘Published in Good Faith’(31.01.2024)
SC while quashing a criminal defamation case against the owner of a newspaper over an article, has held that the news article in question was publishe.....
Tags : Supreme Court, Defamation, Good Faith, Article 19(1)(a) of Constitution
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Supreme Court: Tribunals Decision Can Be Examined Only By Territorial Jurisdiction High Court(07.01.2022)
Supreme Court has held that decision of a tribunal created under Article 323A and 323B of the Constitution can only be examined by a Division Bench of.....
Tags : Supreme Court, Article 323A and 323B of Constitution, Tribunals
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Allahabad HC: Any Rule Under Article 309 Can Only be Replaced by Act of Appropriate Legislation(17.01.2022)
Allahabad High Court has observed that any rule framed under Article 309 of the Constitution of India can only be replaced by an Act of an appropriate.....
Tags : Allahabad High Court, Replacement of Rule Under Article 309
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SC: Art. 300A of COI Enshrining Right to Property Applicable on People Who Aren’t Citizens of India(26.02.2024)
Supreme Court has held that the expression person in Article 300-A of Constitution of India (COI) covers not only a legal or juristic person but also .....
Tags : Supreme Court, Article 300-A of Constitution, Right to Property
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Karnataka High Court: Smoking Hookah as Addictive and Harmful as Smoking Cigarettes(23.04.2024)
Kar. HC has upheld State Government’s notification that banned sale, consumption, storage, etc of hookah products within State and observed that hooka.....
Tags : Karnataka High Court, Hookah, Addictive, Article 47 of COI
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Del. HC: For Purposes of Article 19(6) of COI National Council for Teacher Education is ‘State’(23.04.2024)
Delhi High Court has held that for the purposes of Article 19(6) of the Constitution of India, National Council for Teacher Education shall come under.....
Tags : Delhi High Court, Article 19(6) of COI, Executive Decisions, National Council for Teacher Education
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Delhi HC Directs on Disclosure of All Ingredients in Manufacture of Food Article(15.12.2021)
Delhi High Court has directed that there should be full and complete disclosure of all the ingredients which go into the manufacture of any food artic.....
Tags : Delhi High Court, Manufacture of Food Article
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SC Quashes Notification Exempting Earth Extraction For Linear Projects From Environmental Clearance(26.03.2024)
Supreme Court while quashing Center’s Notification has set aside an amendment that eliminated the requirement of environmental clearance for extractin.....
Tags : Supreme Court, Article 14, Constitution, environmental clearance
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Supreme Court: Article 35A Was Not Incorporated in the Constitution Yesterday(07.08.2018)
Supreme Court has observed that the question whether the challenge to the validity of Article 35A is to be referred to a constitution bench shall be c.....
Tags : Supreme Court, Article 35A
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Delhi HC: Complete Disclosure of Food Article Being Vegetarian or Non-Vegetarian Fundamental(03.03.2022)
Delhi High Court has observed that since the right of a person under Article 21 and 25 of the Constitution of India is impacted by what is offered on .....
Tags : Delhi High Court, Complete Disclosure of Food Article
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Delhi HC: Mere Wrong Decision Not Enough to Attract Jurisdiction Under Article 227(03.03.2022)
Delhi High Court has observed that a mere wrong decision without anything more is not enough to attract the supervisory jurisdiction of High Court und.....
Tags : Delhi High Court, Jurisdiction Under Article 227
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Del. HC: Article 21A of COI Not Applicable on Being Educated in a Particular School of Choice(29.03.2024)
Delhi High Court has observed that Article 21A of the Constitution of India guaranteeing the right to free and compulsory education does not entitle a.....
Tags : Delhi High Court, Article 21A of COI, Compulsory Education
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Ker HC: Court Under Article 226 Can’t Intervene in Issues Related to Conducting Rituals in Church(05.04.2024)
Kerala High Court has held that on issues relating to the conduct of rituals in the Church, the Court cannot intervene while acting under Article 226 .....
Tags : Kerala High Court, Church, Article 226 of COI, Conducting Rituals
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Supreme Court: Stamp Duty Not to be Paid on Every Increase in Share Capital(09.04.2024)
Supreme Court has held that if stamp duty has already been paid on the increase in share capital of the company and the Articles of Association remain.....
Tags : Supreme Court, Stamp Duty, Share Capital, Articles of Association
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SC: Improper to Move HC Under Art. 226/227 for Release of Vehicle When Remedy Available u/s 451 CrPC(10.04.2024)
SC held that when Section 451 of Code of Criminal Procedure, 1973 empowers criminal court to pass order for custody and disposal of property pending i.....
Tags : Supreme Court, Section 451 CrPC, Article 226 COI, Article 227 COI
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Supreme Court: Jurisdiction of HC Under Article 226 Explained When Alternate Remedies Available(12.04.2024)
SC has clarified that the High Court will not entertain a petition under Article 226 of the Constitution of India if an effective alternative remedy i.....
Tags : Supreme Court, Article 226 of Constitution, Alternate Remedies
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International Cases
For an arrest to be effected in terms of Section 5(1)(b) of Extradition Act, 1962, it was not necessary for the Minister to issue a notice in terms of Section 5(1)(a) of Act(10.02.2021)
The core issue for determination in present appeal is whether a provisional arrest under Section 5(1)(b) of the Extradition Act, 1962 had lapsed, for .....
Tags : Extradition, Interpretation, Article
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Claimant’s reputation is harmed at time of publication notwithstanding that, reader knows nothing about him other than what the publication tells him(12.06.2019)
In present case, the claimant, Bruno Lachaux, is a French aerospace engineer who at the relevant time lived with his British wife Afsana in the Uni.....
Tags : Article, Publication, Reputation, Diminishing of
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Reasonableness is a more demanding objective standard requiring the publisher to satisfy the Court that, publication would not constitute an abuse of the freedom of the press(11.08.2017)
Present is an appeal against the decision of Trial Judge on 9th December, 2015 in which he rejected the Appellant's claim for damages and injunctive .....
Tags : Publication, Articles, Damages, Grant
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Rate relief is allowed where a dwelling's rateable value is increased by facility required for meeting needs of a person who resides in hereditament and has a disability(09.09.2019)
Mrs Quinn who is a person with a disability for the purposes of Article 31A of the Rates (Northern Ireland) Order 1977 ("the 1977 Order") applied purs.....
Tags : Rate relief, Article, Applicability
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