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Bombay High Court Quashes One-Time Spectrum Charge on Cellular Operators for Spectrum Beyond 6.2 MHz, Holding No Statutory Power Under Telegraph Act, 1885 to Impose Retrospective Charges

The case involved a writ petition filed by major cellular mobile service operators, Bharti Airtel Limited and Vodafone Idea Limited, challenging the i...

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High Court of Bombay at Aurangabad Dismisses Writ Petition Challenging Rejection of Nomination Papers for Municipal Council Elections. Candidates Failed to Produce Required Documents Under Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 and Rules Thereunder.

The petitioners, ten individuals, filed nomination papers for election to the Municipal Council, Dharur, District Beed. The last date for filing nomin...

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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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Supreme Court Allows Appeal Against Single L-1BF License for Imported Foreign Liquor in Haryana. Rule 24(i-eeee) of Haryana Liquor License Rules, 1970 Held Ultra Vires Punjab Excise Act, 1914 as State Government Cannot Delegate Power to Determine Number of Licenses for Entire State.

The appellant, International Spirits and Wines Association of India, challenged Rule 24(i-eeee) of the Haryana Liquor License Rules, 1970 (as amended ...

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Bombay High Court Dismisses Petition Challenging License Cancellation of Private Security Agency for Violation of Section 13 of PSA Act, 2005. License Cancellation Upheld as Petitioner Failed to Exercise Due Diligence in Verifying Licenses of Security Guards.

The petitioner, Sugriv Rambabu Singh Chauhan, proprietor of M/s. Shivam Enterprises Security Services, a private security agency registered under the ...

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Bombay High Court Dismisses Appeal in Customs Case — Conversion of DEEC Shipping Bill to Drawback Scheme Denied. CBEC Circular No. 4/2004 Mandates Prior Denial of DEEC Benefit by DGFT or Customs Authorities, Which Was Not Established.

The appellant, Manawat Plastics Pvt. Ltd., exported Woven PP Bags/Fabrics under three Shipping Bills dated 06.08.2002, 13.08.2002, and 16.09.2002 unde...

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Bombay High Court Considers Public Interest Litigation Seeking Phase-Out of Horse Carriages and Enforcement of Animal Welfare Laws. Petitioners Plead Violation of Article 51A(g) and Statutory Provisions; Respondents Acknowledge Licensing Deficiencies and Reduction in Victorias.

This Public Interest Litigation (PIL) was filed before the High Court of Judicature at Bombay by Animals and Birds Charitable Trust and others, highli...

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Bombay High Court Quashes Refusal to Renew Firearm Licenses in Arms Act Case — Licensing Authority Must Record Reasons and Consider Individual Circumstances. Failure to Provide Reasons and Non-Application of Mind Renders Orders Unsustainable Under Section 13 of Arms Act, 1959.

The petitioners, father and son, held firearm licenses under Section 13 of the Arms Act, 1959, granted in 1993 and 2008 respectively. When they applie...

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Bombay High Court Allows Petitions Challenging Cancellation of Fair Price Shop Licenses Without Hearing — Violation of Natural Justice. Licenses Cancelled Under Essential Commodities Act, 1955 Without Show Cause Notice or Opportunity of Hearing, Orders Quashed and Licenses Restored.

The petitioners, who were holders of fair price shop licenses under the Essential Commodities Act, 1955 and the Maharashtra Essential Commodities (Lic...