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Supreme Court Allows Appeals Against High Court Orders Interdicting Statutory Deemed Termination Under Section 5B of Mumbai Municipal Corporation Act. High Court Cannot Suspend Legal Fiction of Retrospective Termination for Failure to Submit Caste Validity Certificate Within Prescribed Period.

The Supreme Court considered two appeals arising from a common judgment of the Bombay High Court dated 02.04.2019, which had allowed writ petitions fi...

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Supreme Court Examines Whether Election Petition Against President Merits Regular Trial. Petitioner Raises Office of Profit Disqualification Under Article 58(2) as Chairman of Indian Statistical Institute.

The petitioner, a candidate in the Presidential elections held on 19 July 2012, challenged the election of the respondent to the office of President o...

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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...

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Karnataka High Court Quashes Penal Back Billing Order in Electricity Theft Case — No Evidence of Tampering or Pilferage. Mere Fluctuation in Load Factor Does Not Attract Penal Provisions Under Clause 42.05 of Conditions of Supply of Electricity.

The petitioner, M/s Eureka Forbes Limited, a public limited company, owned a composite premises in Bommasandra Industrial Area, Bengaluru. In 2007, it...

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Bombay High Court Allows Petition Challenging Land Reservations in Development Plan Under MRTP Act. Reservations for MSEB Extension and School/Playground Quashed as Not Acquired Within 10 Years, Land Deemed De-reserved.

The petitioner, Vikramsinh Jaysingrao Ghatge, owned land bearing R.S.No.247/2/1 admeasuring 3 hectares at Kagal, District Kolhapur. The Government of ...

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Bombay High Court Considers Maintainability of Revision Against Order Under Section 156(3) CrPC. Court examines whether an order directing police investigation under Section 156(3) is interlocutory and whether a revision petition under Section 397 or 401 CrPC lies against such order.

A batch of criminal writ petitions and applications came before the Division Bench of the Bombay High Court at Aurangabad, raising a common question o...

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Supreme Court Quashes Municipal Corporation's Mandamus for Land Acquisition Due to Lapsed Reservation and Financial Incapacity. Reservation under Development Plan Lapsed Under Section 127 of MRTP Act, 1966, and Acquisition Not Mandated as Corporation Lacked Funds Under RFCTLARR Act, 2013.

The dispute involved a land reservation under the Kolhapur development plan sanctioned in 1999 for public purposes like parking and garden. The landow...

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High Court of Karnataka Dismisses Writ Petition Upholding Maintainability of Arbitral Award Execution before Commercial Court. Execution Petition Held Competent Under Section 10(3) of Commercial Courts Act, 2015 as an Application Arising Out of Arbitration, Overruling Objections Based on Order XXI CPC.

Abraham Memorial Education Trust, the petitioner and judgment debtor, challenged an order of the XI Additional District and Sessions Judge (Dedicated ...