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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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High Court of Karnataka Acquits Appellants in CBI Bank Fraud Case Due to Lack of Evidence. Conviction under Sections 120(B), 409, 467, 471, 477(A) IPC and Prevention of Corruption Act set aside as prosecution failed to prove criminal conspiracy and dishonest misappropriation.

The judgment pertains to three criminal appeals filed by Jitender Prasad Kaushik (A1), Raphael Joseph Manohar (A2), and another appellant (A3) against...

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Supreme Court Dismisses Telecom Company's Claim for Refund of Entry Fee After 2G Licences Quashed Due to Illegal Government Policy. Restitution Under Section 65 of Indian Contract Act, 1872 Denied as Quashing Did Not Render Contracts Void, and Set-Off Policy Upheld Under Article 14 of Constitution.

The dispute involved a telecom company seeking a refund of an Entry Fee of Rs 1454.94 crores paid for 2G licences across twenty-one service areas, aft...

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Bombay High Court Hears Challenge to Drug Price Control Demand Against Pharmaceutical Company. Cream Vs. Ointment Distinction and Small Scale Industry Exemption Under DPCO 1995 Considered.

The writ petition arose from a dispute concerning the drug price control regime under the Drugs (Price Control) Order, 1995 (DPCO 1995). The first pet...

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Bombay High Court Dismisses Bank's Petition Seeking Priority Over Sales Tax Dues. Sales Tax Department's First Charge Under Section 38C of Bombay Sales Tax Act, 1959 Prevails Over Secured Creditor's Rights Under Securitisation Act, 2002.

The Thane Janata Sahakari Bank Ltd. (the Bank) filed a writ petition challenging the action of the Sales Tax Department in attaching the property of M...

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Supreme Court Dismisses Appeal by Erstwhile Directors in First Insolvency Case, Holding IBC Overrides State Moratorium. Corporate Debtor's Belated Defence of Non-Disbursal Under Master Restructuring Agreement Rejected as After-Thought.

The case arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The appellant, a multi-product company, faced ...

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Bombay High Court Quashes Revocation of Multi-System Operator Registrations for Non-Compliance with Rule 11(7) of the Cable Television Networks Rules, 1994. The Court found that the denial of security clearance was not communicated and no opportunity of hearing was afforded.

SCOD 18 Networking Pvt. Ltd. and Digi Cable Network (India) Pvt. Ltd., along with Digi Navi Mumbai Network Pvt. Ltd., filed writ petitions under Artic...

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Supreme Court Dismisses Review Petition in Rafale Deal Case Due to Reliance on Unauthorizedly Removed Secret Documents. Court Holds That Documents Marked Secret Under Official Secrets Act Cannot Be Used to Support Review Petition Without Authorization.

The Supreme Court dealt with a preliminary objection regarding the maintainability of a review petition filed by Yashwant Sinha and others in connecti...

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High Court of Karnataka Rehears Criminal Appeals Against Conviction for Murder and Robbery After Remand by Supreme Court. Conviction Based on Circumstantial Evidence and Recoveries Challenged Under Section 374(2) of Code of Criminal Procedure, 1973.

The matter originated from the murder of Smt. Chukibai, a 68-year-old pawnbroker residing alone at Chamarajpet, Bengaluru. On 12.05.1991, accused No.1...