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Bombay High Court Adjudicates on Validity of HPCL Notifications Discontinuing and Revising Pension Benefits. The Court Examines Whether Employees Recruited Post-Acquisition and Retired Under ESSO/LIL Plans Are Entitled to Pension Protections Under ESSO Act, 1974 and Amalgamation Order.

The case involved a writ petition under Article 226 of the Constitution of India filed by the Pensioners Social & Welfare Association, a registered so...

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Bombay High Court Quashes Cancellation of Class 12 Result for Medical Aspirant — Violation of Natural Justice in Examination Result Cancellation. Board's failure to provide show cause notice before cancelling result of improvement examination held arbitrary and unsustainable.

The petitioner, Zahida Khatoon Abdul Kaiyoom, filed a writ petition before the Bombay High Court challenging the cancellation of her class 12 (Science...

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Bombay High Court Quashes Slum Acquisition Notification for Petitioners' Land Due to Non-Compliance with Section 14(1) of Maharashtra Slum Areas Act, 1971. Notification held invalid for failing to specify the particular land and for not providing opportunity of hearing before declaration of slum area.

The petitioners, Yogesh Chandulal Mehta and Suresh Chandulal Mehta, filed a writ petition under Article 226 of the Constitution of India before the Bo...

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Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...

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High Court of Karnataka Hears Writ Petition Challenging Land Acquisition Notifications for Nadaprabhu Kempegowda Layout. Petitioners Seek to Quash Preliminary and Final Notifications Issued Under Land Acquisition Act, 1894 and BDA Act, 1976 for Scheme Area.

The judgment is from the High Court of Karnataka, presided over by Justice Anand Byrareddy, dated 11th July 2014. It pertains to a batch of writ petit...

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Bombay High Court Allows Appeal by Municipal Corporation in MRTP Act Notice Case — Notice Under Section 89 MRTP Act Held Valid and Not Barred by Limitation. The Court set aside the trial court decree declaring the notice invalid, finding that the notice was within limitation but the suit was premature.

The appellant, Municipal Corporation of Greater Mumbai, filed a First Appeal under Section 96 of the Code of Civil Procedure, 1908 against the oral ju...

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High Court of Karnataka Quashes RTA Order Rejecting Stage Carriage Permit Applications on Notified Routes — Remands for Fresh Consideration. RTA Must Independently Apply Mind and Not Merely Rely on Objections of State Transport Undertakings Under Motor Vehicles Act, 1988.

The petitioner, Sree Gajanana Motor Transport Company Limited, a stage carriage operator, applied for four stage carriage permits on routes including ...

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High Court Dismisses/Allows Bail to Accused in Murder Case Involving Conspiracy and Long Detention Without Trial. Scope of Section 439 CrPC and Article 21 right to speedy trial evaluated in context of parity with co-accused and threat perception.

The criminal petition was filed by accused Nos. 3 and 4 under Section 439 of the Code of Criminal Procedure, 1973 seeking bail in connection with Crim...

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Bombay High Court Allows Sugar Mills' Challenge to Cess Notification on Sugarcane. State Notification Under Section 3 of Maharashtra Agricultural Produce (Development and Regulation) Act, 1965 Held Ultra Vires Due to Repugnancy with Sugarcane (Control) Order, 1966 Under Essential Commodities Act, 1955.

The petitioners, seven sugar mills in Maharashtra, challenged a Government notification dated 22.3.2018 issued under Section 3 of the Maharashtra Agri...