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Bombay High Court Allows Students' Petitions Against University for Denying Admission to M.Tech Course Despite Eligibility. University's Interpretation of Ordinance Held Arbitrary and Contrary to AICTE Norms.

The judgment concerns four writ petitions filed by students who were denied admission to the M.Tech course in Electronics Engineering at Shri Ramdeoba...

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Supreme Court Allows Assessee's Appeals; Profits from Sale of Gold and Shares Held Capital Receipts Not Taxable as Income. Court Rules Transactions Were Realisation of Investment, Not Adventures in Nature of Trade, and High Court Erred in Treating Tribunal's Finding as Unreviewable Fact.

The appeals arose from references under Section 66(2) of the Income Tax Act, 1922 concerning the assessee, a large landholder, who had inherited subst...

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Bombay High Court Issues Directions for Improvement of Healthcare Facilities in Government Hospitals in Goa in Public Interest Litigation. Court Holds That Right to Health is a Fundamental Right Under Article 21 of the Constitution and State Has a Legal Obligation to Provide Basic Medical Facilities.

This public interest litigation was filed by Prakash B. Sardessai and Vishwesh Sardessai, residents of Goa, seeking improvement of healthcare faciliti...

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Supreme Court Upholds Arbitrator's Award in Contract Dispute Over Final Bill Claims. Court Held That Arbitrator's Consideration of Vitiating Factors and Contract Clauses Was Permissible Under Arbitration and Conciliation Act, 1996, Despite Prohibition on Further Claims in Clauses 65 and 65A.

The dispute arose from a contract dated 02.07.2001 for repair works, with time extended to 19.01.2002. The respondent contractor submitted a final bil...

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KAHC010102062008_1

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High Court of Bombay Addresses Divergence on Reservation Act and Promotion Policy — Constitutional Validity Issue Deemed Academic. Third Judge Holds that Tribunal Overstepped in Striking Down Reservation Act as the Core Dispute Concerned Promotion Quotas, Not Direct Recruitment Reservations.

The matter originated from a reference by the Chief Justice under Rule 7, Chapter I of the Bombay High Court Appellate Side Rules, necessitated by a d...