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Supreme Court Upholds Union of India in Section 17A Challenge — Prior Approval Requirement for Investigating Public Servants is Constitutionally Valid. Read Down to Mandate Independent Screening; Lokpal to Approve for Covered Public Servants.

The writ petition was filed by the Centre for Public Interest Litigation challenging the constitutional validity of Section 17A of the Prevention of C...

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Bombay High Court Allows Appointment of Sole Arbitrator in Joint Venture Dispute — Arbitration Clause Survives Termination of Agreement. Section 11 of the Arbitration and Conciliation Act, 1996 invoked for disputes arising from Joint Venture Agreement dated 28th March, 2007.

The applicant, M/s. Atul & Arkade Realty, a partnership firm engaged in real estate development, filed an application under Section 11 of the Arbitrat...

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Bombay High Court Hears Writ Petition Challenging Income Tax Reopening Notice Under Section 148. Petition Challenges Validity of Reopening Notice, Order Under Section 148A(d), and CBDT Instruction No.1 of 2022 Following Supreme Court's Ashish Agarwal Decision.

The petitioner, a Public Sector Undertaking engaged in general insurance, challenged the reopening of its assessment for Assessment Year 2013-14. For ...

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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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Supreme Court Quashes Criminal Proceedings Against Relatives in Matrimonial Dispute Due to Omnibus Allegations. FIR under Sections 498A, 34 IPC and Sections 3, 4 Dowry Prohibition Act, 1961, and DV Act complaint quashed for lack of specific overt acts against appellants.

The Supreme Court allowed appeals by Appellants, quashing criminal proceedings arising from matrimonial discord between (complainant) and her husband ...

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Bombay High Court Examines Whether Bunker Fuel Sales to Vessels on High Seas Are Taxable Under Maharashtra VAT Act. Petitioners Challenged Assessment Orders and Recovery Notices Claiming Sales Occurred Outside State Territory and Were in Course of Export.

The dispute arose from assessment and recovery proceedings under the Maharashtra Value Added Tax Act, 2002 concerning sales of High Speed Diesel (HSD)...

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Bombay High Court Considers Section 34 Petition by State-Owned Oil Corporation to Set Aside Arbitral Award. Petitioner Alleges That Award Is Vitiated by Fraud Due to Non-Disclosure of Corporate Insolvency Proceedings by Respondent Joint Venture.

The matter arose out of a petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by Hindustan Petroleum Corporation Ltd., a sta...

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Bombay High Court Heard PIL Challenging Development Permissions for Star Hotel in No Development Zone. The Court Considered Whether UDD Approval Under Regulation 59(3) and Additional FSI of 1.0 Were Valid Under DCRs and MRTP Act.

The case arose from a public interest litigation filed under Article 226 of the Constitution of India before the High Court of Judicature at Bombay. T...