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Bombay High Court Allows Writ Petition Challenging Invalid Scheduled Tribe Certificate Order — Committee Failed to Consider Relevant Evidence. Scrutiny Committee's Order Quashed for Non-Consideration of Father's School Leaving Certificate and Other Documents.

The petitioner, Ganesh Dhondu Baviskar, filed a writ petition before the Bombay High Court challenging an order dated 28-03-2011 passed by the Schedul...

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Supreme Court Dismisses Corporate Debtor's Appeal Against NCLT Order Admitting Insolvency Application Under Insolvency and Bankruptcy Code, 2016. Maharashtra Act Moratorium Does Not Bar Insolvency Proceedings as Section 238 of the Code Overrides Inconsistent State Laws.

The appeal arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The corporate debtor, a multi-product compan...

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Bombay High Court Considers Whether Denial of Admission to Medical College Under SC Quota to Son of Resident Government Servant on Ground of Parental Migration Violates Rights. Issue Pertains to Interpretation of UT Reservation Policy Clause on Migration.

The petitioners, a father and son, approached the High Court of Bombay under Article 226 of the Constitution of India by way of a writ petition challe...

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Bombay High Court Allows Writ Petition Challenging Rejection of Scheduled Tribe Caste Claim. Pre-constitutional documents showing 'Thakur' caste held sufficient to establish tribe claim, affinity test and area restrictions cannot override documentary evidence.

The petitioner, Shantanu S/o Chatrapati Chavan, filed a writ petition before the Bombay High Court challenging the order dated 01.11.2022 passed by th...

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Bombay High Court Allows Writ Petition Challenging Rejection of Scheduled Tribe Certificate for Halba Community. Committee's reliance on occupation of weaving as taboo and rejection of pre-constitutional documents held erroneous.

The petitioner, a minor represented by her father, claimed to belong to the Halba community, a notified Scheduled Tribe in Maharashtra. Her caste cert...

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Bombay High Court Dismisses Writ Petition Challenging Caste Scrutiny Committee's Rejection of Thakar Tribe Claim. Petitioner failed to prove he belongs to Thakar Scheduled Tribe as opposed to Bhat Thakar sub-caste, and the Committee's decision was based on proper appreciation of evidence.

The petitioner, Uday Baburao Yesardekar, claimed to belong to the Thakar Tribe, which is recognized as a Scheduled Tribe under Article 342 of the Cons...

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Supreme Court Dismisses LIC's Appeal on Stamp Duty for Insurance Policies in Rajasthan. State Has Legislative Competence Under Concurrent List to Collect Stamp Duty on Insurance Policies, But Relief Granted on Facts.

The Supreme Court considered an appeal by the Life Insurance Corporation of India (LIC) against a judgment of the Rajasthan High Court which upheld th...

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Supreme Court Upholds Validating Act in Land Acquisition Case; Retrospective Removal of One Law Cures Discrimination. Acquisition Under Mysore Land Acquisition Act Valid Despite Existence of City of Bangalore Improvement Act as Legislature Competently Validated Past Proceedings.

The case arose from land acquisition proceedings in Bangalore initiated by the State of Mysore under the Mysore Land Acquisition Act, 1894 for a publi...