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Bombay High Court Allows Petitions Challenging Cancellation of Advance Authorizations and Demand for Customs Duty in Sugar Export Cases. Non-compliance with export obligation due to government-imposed export ban constitutes force majeure, and demand for duty with interest cannot be sustained.

The judgment concerns four writ petitions filed by companies engaged in sugar trading and export, challenging the cancellation of advance authorizatio...

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Bombay High Court Dismisses Management's Petition Seeking Approval of Junior Clerk Appointment Due to Irregular Recruitment Process. Advertisement in Less Circulated Newspaper with Short Notice Period Constitutes Eyewash, Violating Article 16 of the Constitution.

The petitioners, Shree Doodhganga Vedhganga Shikshan Prasarak Mandal (the managing institution), the Headmaster of Pratibha High School, and Shital Di...

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Supreme Court Dismisses Peon's Claim for Promotion to Tracer Post, Upholds Direct Recruitment Requirement. Post of Tracer Must Be Filled by Direct Recruitment Under Rule 5(1)(e) of Orissa Subordinate Architectural Service Rules, 1979, Not by Promotion from Peon Cadre.

The petitioner, Jyostnamayee Mishra, was appointed as a peon in the Works Department of the State of Odisha in 1978. She sought promotion to the post ...

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Supreme Court Upholds Convictions and Reverses Acquittals in Political Rivalry Murder Case — Witness Testimony and Recoveries Sufficient to Sustain Convictions Under Sections 302, 148, 460 IPC and Section 3 Explosives Substances Act.

The case arises from a political rivalry between CPI(M) and NDF members. On 17.07.2002, an altercation occurred between the deceased (CPI(M)) and A-3 ...

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Supreme Court Allows Appeals by States of Karnataka and Kerala in Lottery Tax Dispute — State Legislatures Have Competence to Tax Lotteries Under Entry 62 List II. Regulatory Entry 40 List I Does Not Bar State Taxation of Lotteries Organised by Other States.

The Supreme Court considered appeals by the States of Karnataka and Kerala against judgments of their respective High Courts which had struck down sta...

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Bombay High Court Sets Aside Discharge of Accused in Cheque Bounce Case Despite BIFR Proceedings. The court held that an order under Section 22 of SICA does not automatically bar criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881.

The petitioner, Harshad Jayprasad Bakshi, filed a criminal writ petition challenging the order of the learned Metropolitan Magistrate, 12th Court, Mum...