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Bombay High Court Quashes Compulsory Retirement of RBI Employee for Non-Application of Mind. RBI's order set aside as review committee failed to consider petitioner's representation and relied on stale adverse remarks without assessing current performance.

The petitioner, Animesh Bakuli, was an employee of the Reserve Bank of India (RBI) who was compulsorily retired from service by an order dated 13th Fe...

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Bombay High Court Quashes Reassessment Order in MVAT Case Due to Limitation and Lack of Natural Justice. Inter-State Stock Transfer Not a Sale Under MVAT Act, 2002; Reassessment Beyond 4-Year Limitation Period Invalid.

The petitioner, M/s. United Spirits Limited, a company engaged in the manufacture and sale of alcoholic beverages, filed a writ petition challenging a...

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Supreme Court Dismisses Appeal of NBFC in Income Tax Dispute on Set-off of Speculation Loss. Principal Business Determined by Actual Activities, Not Registration; Amendment to Explanation to Section 73 Held Prospective.

The appeal arose from a judgment of the Calcutta High Court in an appeal under Section 260A of the Income Tax Act, 1961, concerning the assessment yea...

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Bombay High Court Quashes Cancellation of Untrained Teacher's Admission to Postal D.Ed. Course — Violation of Natural Justice. Admission Cancellation Set Aside as Petitioner Was Not Granted Hearing Before Cancellation, and Course Completion Certificate Had Already Been Issued.

The petitioner, Anandrao Sakharam Rathod, was appointed as an untrained teacher on a clear post on 16 June 1996 at Indira Gandhi Primary School, Bhimw...

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Bombay High Court Dismisses Bail Application of Accused in UAPA Case on Grounds of Parity and Merits. Parity with co-accused granted bail is not a valid ground when the applicant's role is distinct and the first bail application was rejected on merits.

The applicant, Dr. Gokarakonda Naga Saibaba, filed a second bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking bail i...

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Bombay High Court Dismisses Challenge to Section 515A of Mumbai Municipal Corporation Act, 1888 Barring Civil Suits Against Demolition Orders. Provision held constitutionally valid as it does not oust writ jurisdiction and provides adequate alternative remedy.

The petitioner, Abdul Razzaq Sunesra, challenged the constitutional validity of Section 515A of the Mumbai Municipal Corporation Act, 1888, inserted b...