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Bombay High Court Dissents That Designated Court Under MCOC Act Cannot Order Investigation Under Section 156(3) CrPC Without Prior Sanction. Special Court Not a Magistrate and Section 23(1) Bar Overrides Private Complaint Procedure.

The Bombay High Court heard a batch of writ petitions involving a common legal question: whether a designated court under the Maharashtra Control of O...

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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 Allows Writ Petition of Retired Ordnance Factory Labourer Seeking Full Salary for Suspension Period Following Acquittal — Period of Suspension Must Be Treated as Duty for All Purposes Under Fundamental Rule 54-B(3) When Acquittal Is Based on Full Trial on Merits.

The petitioner, Gopal S/o Sitaram Bairisal, a retired labourer from Ordnance Factory, Ambazari, filed a writ petition challenging the order of the Cen...

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Interpretation Of Manufacturing Process Under Factories Act, 1948 – Business Of Laundry Held To Constitute Manufacturing Process – Premises Deemed A Factory – Order Issuing Process Restored.

a. Definition of manufacturing process under Section 2(k) includes washing and cleaning for delivery and use – Laundry service falls squarely within...

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Bombay High Court Issues Directions to Enforce Fitness Certificate Tests Under Motor Vehicles Act. Failure to Implement Rule 62 of Central Motor Vehicles Rules, 1989 Found to Contribute to Road Accidents and Loss of Life.

The petitioner, appearing in person and assisted by amicus curiae, filed a Public Interest Litigation seeking enforcement of provisions of the Motor V...

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Karnataka High Court Considers Challenge to Penalty Under Excise Rules for Short-lifting of Liquor by CL-9 Licensees. Court Decides in Light of Earlier Decision in Lakshmi Bar and Restaurant, Allowing Petitioners to Raise Further Grounds.

The judgment pertains to a batch of writ petitions filed by various CL-9 license holders, including bars and restaurants, challenging the imposition o...

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Bombay High Court Full Bench Considers Validity of Rule Excluding Full-Time Salaried Assistant Public Prosecutors from District Judge Appointments. The case concerns interpretation of 'advocate' under Article 233(2) of the Constitution and consistency with Supreme Court precedent.

The Full Bench of the Bombay High Court heard a reference arising from a writ petition filed by six Assistant Public Prosecutors employed on a full-ti...