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Supreme Court Quashes Dismissal Order of Police Officer for Violation of Article 311(2) Safeguards - Dismissal Without Departmental Inquiry Held Illegal as Reasons for Dispensing with Inquiry Were Insufficient and Not Supported by Concrete Evidence.

The appeal arose from the dismissal of a police officer from service without conducting a departmental inquiry, invoking clause (b) of the second prov...

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"Supreme Court Affirms Need for Minority Establishment in AMU’s Minority Status Dispute" AMU’s Minority Status Under Scrutiny: Establishment by Legislature Versus Minority Founding Rights

The Supreme Court judgment in Aligarh Muslim University v. Naresh Agarwal & Ors. primarily deals with the issue of minority rights in education, f...

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Bombay High Court Allows Writ Petition Challenging Corrigendum to Tender Condition for Supply of Liquid Chlorine Gas. Court holds that modification of tender condition requiring storage plant within 150 km periphery of Mumbai City was arbitrary and unreasonable, and quashes the corrigendum.

The petitioner, G. S. Commercial Corporation, challenged a corrigendum dated 11th August 2023 issued by the Municipal Corporation of Greater Mumbai (M...

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Bombay High Court Allows Petitioners in Tender Exclusion Case Due to Non-Application of Mind by State. Exclusion from tender for school uniform cloth procurement set aside as evaluation committee failed to consider petitioners' compliance with technical specifications.

The petitioners, Kanchan India Limited and Arvind Cotsyn India Limited, challenged their exclusion from a tender process issued by the Government of M...

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Bombay High Court Dismisses Petitions Challenging SARFAESI Act Applicability to Cooperative Banks and Arbitration Awards. Multi-State Cooperative Bank held to be a 'bank' under SARFAESI Act, and arbitration under Multi-State Cooperative Societies Act does not bar subsequent SARFAESI proceedings.

The judgment concerns three writ petitions filed by borrowers challenging actions taken by Abhyudaya Co-operative Bank Ltd. and Piramal Capital and Ho...

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Supreme Court Allows Appeals in Electricity Tariff Dispute — Gujarat Urja Vikas Nigam Limited v. Renew Wind Energy (Rajkot) Pvt Ltd. Renewable Energy Certificate (REC) Scheme does not override State Commission's power to determine tariff for wind energy under Section 62 of the Electricity Act, 2003.

The case involves appeals under Section 125 of the Electricity Act, 2003, by Gujarat Urja Vikas Nigam Limited and other distribution licensees against...

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High Court of Karnataka Acquits Appellants in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act — Search and Seizure Vitiated for Lack of Proper Information Recording and Personal Search Procedure.

The case pertains to an appeal against the judgment of conviction and order of sentence dated 21.04.2011 passed by the Principal District and Sessions...

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Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

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Bombay High Court Allows Developer's Challenge to RTI Disclosure Order — Building Plans Held Exempt as Personal Information Under Section 8(1)(j) of RTI Act. Third Party Proprietary Plans Not Subject to Disclosure Absent Larger Public Interest.

The petitioner, Ferani Hotels Pvt. Ltd., a company registered under the Indian Companies Act, 1913, challenged an order of the State Information Commi...

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Bombay High Court Upholds Constitutional Validity of Section 234E of Income Tax Act, 1961 — Levy of Fee for Late Filing of TDS Returns is Valid. The Court held that the fee under Section 234E is compensatory in nature and not a penalty, and does not violate Article 14 of the Constitution.

The petitioners, a practising Chartered Accountant and others, filed a writ petition under Article 226 of the Constitution of India challenging the co...