Search Results for "Obiter Dicta"

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Bombay High Court Allows Student's Petition Against University's Retrospective Ineligibility Determination for B.Com (Financial Markets) Course. University's communication declaring student ineligible after 2.5 years of admission quashed as arbitrary and violative of principles of natural justice.

The petitioner, a student, was admitted to the F.Y. B.Com (Financial Markets) course at Respondent No.6 College in the academic year 2020-2021 based o...

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Bombay High Court Upholds Private Complaints for Dishonour of Cheque Over Rs. 1 Crore Under Section 138 of Negotiable Instruments Act, 1881. Section 142(2) of NI Act Does Not Mandate Police Investigation, Private Complaint Maintainable.

The case involved a reference made by a learned Single Judge of the Bombay High Court regarding the interpretation of Section 142(2) of the Negotiable...

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Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

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Full Bench of Bombay High Court Determines Reference on Maintainability of Section 18 Reference Under Land Acquisition Act, 1894 After 2013 Act Came into Force. Key Issue Involves Whether Landowners Can Seek Enhancement Under Old Act When Award Passed After Commencement of 2013 Act.

Background: The matter arose from a land acquisition proceeding initiated by the Pune Municipal Corporation under the Land Acquisition Act, 1894. A no...

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High Court of Bombay Examines Maintainability of Writ Petitions Against Air India Limited After Change in Status. Employees Challenge Dismissal, Stay of Orders, and Pension Scheme Cut-off Date, but Court Questions Whether Employer Remains Amenable to Writ Jurisdiction Under Article 226.

These three writ petitions were filed by employees of Air India Limited (AIL) seeking distinct reliefs against their employer. Writ Petition No.1876 o...

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High Court of Bombay at Nagpur Allows Appeal Against Rejection of Plaint in Copyright Groundless Threat Suit. Suit Under Section 60 of Copyright Act, 1957 Not Barred by Prior FIR and Subsequent Suit if Filed Without Due Diligence.

The dispute arose from a commercial conflict over software copyright. The appellant developed a software for tax professionals, launched in 2007. The ...