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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 Appeal Against Tribunal's Refusal to Stay Redemption Fine. Holds that Customs Tribunal Has Inherent Jurisdiction to Stay Redemption Fine Under Section 125 of Customs Act, 1962, as Section 129E Does Not Apply.

The appellant, Mydream Properties Private Limited, imported a yacht and VSAT equipment, against which the Commissioner of Customs passed an order-in-o...

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Bombay High Court Examines Maintainability of Public Interest Litigations in Road Development Contract Dispute. Reiterates Stringent Locus Standi Requirements Under Article 226 to Prevent Abuse of Process by Meddlesome Bystanders.

The Bombay High Court examined the maintainability of multiple public interest litigations and writ petitions concerning the Kolhapur Integrated Road ...

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High Court of Karnataka Allows Writ Petition Seeking Refund of Pre-deposit in VAT Matter — Mandamus Issued for Release of Rs. 16,11,19,226/- and Interest on Delayed Refund. Petitioner entitled to refund of pre-deposit amount with interest under Article 226 of the Constitution of India.

The petitioner, M/s. Flipkart India Private Limited, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus d...

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Supreme Court Allows Appeals by States of Karnataka and Kerala in Lottery Tax Dispute — State Legislatures Have Competence to Tax Lotteries Under Entry 62 List II. Regulatory Entry 40 List I Does Not Bar State Taxation of Lotteries Organised by Other States.

The Supreme Court considered appeals by the States of Karnataka and Kerala against judgments of their respective High Courts which had struck down sta...

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Bombay High Court Dismisses Petition Challenging Tribunal's Refusal to Recall Order on Depreciation of Stock Exchange Membership Card. Court Holds That Reliance on Uncited Precedent Without Hearing Does Not Constitute a Mistake Apparent on Record Under Section 254(2) of the Income Tax Act, 1961.

The petitioner, M/s Inventure Growth & Securities Limited, filed a writ petition under Article 226 of the Constitution challenging an order of the Inc...