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Bombay High Court Allows Writ Petition to Quash FIR Against Women Hawkers Under Bombay Police Act for Illegal Arrest Without Sanction. Court holds that hawking without license is not a cognizable offence and arrest of women without prior sanction of Commissioner is illegal.

The petitioners, 20 women hawkers from various parts of Maharashtra, filed a Criminal Writ Petition before the Bombay High Court seeking quashing of a...

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Bombay High Court Quashes CBEC Circular on Service Tax Refund for Exporters — Circular Held Ultra Vires Section 11B of Central Excise Act, 1944 and Section 93 of Finance Act, 1994.

The Bombay High Court, in a batch of writ petitions filed by various companies including Larsen & Toubro Limited, Uhde India Private Limited, Tata Tel...

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Bombay High Court Quashes Preventive Detention Orders in Red Sanders Smuggling Case — Failure to Consider Less Restrictive Alternatives. Detention under Section 3(1) of COFEPOSA set aside as detaining authority did not consider whether bail conditions or other measures would suffice.

The Bombay High Court allowed two habeas corpus petitions challenging preventive detention orders dated 21 February 2013 issued under Section 3(1) of ...

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Bombay High Court Considers Validity of NOC Requirement from Naval Authorities for Slum Rehabilitation Project. Security Guidelines and Stop Work Notice Challenged as Arbitrary and Without Statutory Backing.

The petitioners, a partnership firm engaged in real estate development, filed a writ petition under Article 226 of the Constitution of India seeking t...

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Supreme Court Allows Appeal in Pension Dispute: Patna High Court Had Territorial Jurisdiction to Entertain Writ Petition Challenging Stoppage of Pension. Part of Cause of Action Arose Where Pension Was Received and Stopped, Not Where Employment Was Served.

The appeal arose from a judgment of the Patna High Court dismissing a Letters Patent Appeal against a Single Judge's order that had dismissed a writ p...

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Bombay High Court Allows Writ Petition Challenging Rejection of Delay Condonation in Mutation Entry Challenge. Court holds that delay in challenging mutation entry cannot be attributed to petitioner when authorities failed to comply with statutory duty under Maharashtra Land Revenue Code.

The petitioners, Shankarrao Premaji Banarase and others, filed a writ petition before the Bombay High Court at Nagpur challenging the order dated 30/0...

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High Court of Karnataka Quashes FIR in Family Dispute Case — Criminal Proceedings Abuse of Process. Court holds that private complaint between family members over property disputes does not disclose criminal offences under Sections 504, 506, 416, 419, 420, 34 IPC.

The petitioners, Smt. Thara Peethambaram (mother) and Dr. Krishnarjun Peethambaram (son), filed a petition under Section 482 CrPC (read with Section 5...

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Supreme Court Allows AERA's Appeal Against TDSAT Orders Under Section 31 of AERA Act — Tariff Determination Held to Be Regulatory, Not Adjudicatory, Function. Regulatory Authority Can Challenge Appellate Tribunal's Decisions on Questions of Law.

The Supreme Court of India addressed a preliminary objection regarding the maintainability of appeals filed by the Airports Economic Regulatory Author...

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Bombay High Court Dismisses Petitions Challenging Invalidation of Thakur Tribe Claim by Scrutiny Committee. Court upholds Committee's reliance on Vigilance Cell report and affinity test over school records in determining Scheduled Tribe status.

The Bombay High Court dismissed two writ petitions filed by a brother and sister, Kishor Vishwanath Khartadkar and Shaila Subhash Jaunjale, challengin...