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Supreme Court Reverses High Court Order in Tender Dispute Involving Foreign Sovereign Funding. High Court Erred in Interfering with Technical Bid Rejection Under Article 226 as Project Funded by Japanese Loan with Non-Negotiable Terms Under Memorandum of Understanding.

The dispute arose from a tender process for the Mumbai-Ahmedabad High Speed Rail Project, where the National High Speed Rail Corporation Limited (NHSR...

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Bombay High Court Allows Student's Petition Challenging Scrutiny Committee Order Invalidating ST Certificate — Validity Certificates of Blood Relatives Cannot Be Suo Moto Reviewed Without Challenge.

The petitioner, Tejashree Mangilal Dambale, a student who completed a Diploma in Pharmacy and participated in the admission process for direct Second ...

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Bombay High Court Allows Protection in Service for Employee with Invalid Caste Certificate. Employee who gave up challenge to caste invalidation order granted reinstatement without back wages or reservation benefits.

The petitioner, Rajendra s/o Ramaji Mahisbadwe, was employed with National Aviation Company of India Limited (NACIL) based on a caste certificate clai...

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Bombay High Court Adjudicates Challenges to Cancellation of Non-Creamy Layer Certificates. Petitioners Contend Income from Salary of Group C Employees Should Be Excluded Under Office Memoranda of Central Government.

The matter concerned two writ petitions filed under Article 226 of the Constitution of India challenging orders withdrawing Non-Creamy Layer certifica...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Gift of Shares Without Consideration — Gift Does Not Constitute Income Escape Under the Act.

The petitioner, M/s. Jai Trust, a trust incorporated under the Indian Trust Act, 1882, challenged the legality and validity of a notice dated 12 March...

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High Court of Bombay at Nagpur Dismisses Writ Petition Challenging Tender Award in Cleaning Contract Dispute. Court upholds employer's right to reject non-responsive bids and award contract to lowest bidder meeting tender conditions.

The petitioners, two contractors working with respondent no.1 (Maharashtra State Power Generation Co. Ltd.), challenged the rejection of their bids an...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Bombay High Court Dismisses Trade Union's Challenge to Exemption Notifications Under Section 23 of Maharashtra Private Security Guards Act. Comparison of Benefits Must Be Holistic, Not Item-by-Item, to Determine if Exemption Is Justified.

The petitioner, Maharashtra Suraksha Rakshak Aghadi, a registered trade union representing private security guards, filed a writ petition challenging ...

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Bombay High Court Dismisses Petitions Challenging Termination Based on Invalidated Caste Claim - Halba Scheduled Tribe Status Dispute. Termination Consequential to Scrutiny Committee's Invalidation of Caste Claim; Petitioners May Seek Relief Under Government Resolution Dated 15.06.1995.

The judgment concerns three writ petitions filed by employees whose services were terminated after the Scheduled Tribe Certificate Scrutiny Committee ...