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Bombay High Court Dismisses Writ Petition Challenging Order Setting Aside Election of Councilor for Non-Disclosure of Criminal Cases. Failure to Disclose Pending Criminal Cases in Affidavit Under Section 5A of Maharashtra Municipal Corporations Act, 1949 Renders Election Void.

The petitioner, Shri Rajendra Jayant Devalekar, was elected as a Councilor of the Kalyan-Dombivli Municipal Corporation in the 2015 elections. Respond...

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Validity of Prosecution Sanctions: Pre-Trial Determination or Trial Issue? A comprehensive analysis of conflicting Apex Court judgments on the timing and significance of challenging prosecution sanctions under the Prevention of Corruption Act, 1988.

The legal debate on whether the validity of a prosecution sanction must be determined before trial or can be contested during the trial. It examines k...

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Supreme Court Upholds High Court Decision Striking Down Residence-Based Reservation in PG Medical Courses. Domicile or residence-based reservation in State Quota for Post Graduate Medical Courses violates Article 14 of the Constitution of India, as held in Saurabh Chaudri and Pradeep Jain.

The case arose from the Union Territory of Chandigarh, which has only one medical college, Government Medical College and Hospital, Chandigarh. The pr...

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Supreme Court Quashes One-Year Renewal of Stage Carriage Permits Under Section 58 of Motor Vehicles Act, 1939. Renewal Period Must Conform to Original Permit Period, Minimum Three Years.

The case originated from the expiry of stage carriage permits held by the petitioners on March 31, 1958. They applied for renewal before the Regional ...

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Supreme Court Interprets 'Filed' in ITO Order as Termination of Proceedings Under Section 34 of Income-tax Act, 1922. The Order That a Case is 'Filed' Disposes of the Proceeding, Rendering Fresh Notice for Reassessment Valid.

The case arose from reassessment proceedings under the Income-tax Act, 1922. The Additional Income-tax Officer issued a notice under Section 34 and, a...

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Bombay High Court Reserves Judgment on Writ Petition Challenging Municipal Council Land Allotment. Petitioner Seeks Quashing of Resolutions and Government Approval for Allotment of Land Reserved for Public Purposes Allegedly in Violation of Section 92 of Maharashtra Municipal Councils Act, 1965.

The writ petition, originally filed as a Public Interest Litigation, challenged the decisions of Baramati Municipal Council and the State of Maharasht...

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High Court of Judicature at Bombay Determines Factual Enquiry Whether Share Transfer Resulted in Members Exceeding Fifty. Enquiry Directed by Supreme Court in Civil Appeal No. 2481 of 2014 Following Dispute Over Validity of Pre-emption Rights in Articles of Association.

The appeal was placed before the High Court of Judicature at Bombay following a remand order by the Supreme Court in Civil Appeal No. 2481 of 2014. Th...

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Supreme Court heard cross-appeals from NCLAT order partly reversing NCLT’s finding on trademark ownership during CIRP; cross-appeal challenged NCLT’s jurisdiction to determine title under Section 60(5) IBC.

The dispute originated in the corporate insolvency resolution process of Fort Gloster Industries Limited (corporate debtor), which was admitted into C...