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Bombay High Court Allows Petition in Excise License Renewal Case — State Cannot Deny Renewal Without Proper Notice and Hearing. Renewal of FL-3 license under Maharashtra Foreign Liquor Rules cannot be refused on grounds of pending criminal proceedings without affording opportunity of hearing.

The petitioner, John Distilleries Private Limited (formerly John Distilleries Ltd.), a company incorporated under the Companies Act, 1956, with its ma...

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Bombay High Court Quashes GST Demand Against University for Violation of Natural Justice — Failure to Grant Personal Hearing Renders Order Illegal Under Section 74(1) of CGST Act, 2017. Circulars Mandating Personal Hearing Before Adverse Order Are Binding on Adjudicating Authority.

The University of Mumbai, established under the Bombay University Act, 1953 and later governed by the Maharashtra Public Universities Act, 2016, filed...

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High Court Quashes Municipal Notice for Trade Licence on Cinema Exhibition Under Karnataka Municipalities Act. Cinema Exhibition Held Exclusively Regulated by Karnataka Cinemas (Regulation) Act, 1964, Not Subject to Municipal Trade Licence Under Section 256 of Karnataka Municipalities Act, 1964.

The dispute originated from a notice issued by the Chief Officer of the City Municipal Council, Chintamani, directing the petitioners, and its proprie...

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Bombay High Court Quashes IBBI Circular as Ultra Vires in Insolvency Professional Regulation — Circular Purporting to Clarify Regulation 4(2)(b) of LP Regulations Held to Be an Impermissible Retrospective Amendment.

The petitioner, Amit Gupta, a chartered accountant and registered insolvency professional, challenged a circular dated 28 September 2023 issued by the...

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Supreme Court Allows Appeals by States of Karnataka and Kerala in Lottery Tax Dispute — State Legislatures Have Competence to Tax Lotteries Under Entry 62 List II. Regulatory Entry 40 List I Does Not Bar State Taxation of Lotteries Organised by Other States.

The Supreme Court considered appeals by the States of Karnataka and Kerala against judgments of their respective High Courts which had struck down sta...

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Bombay High Court Dismisses Petition Challenging Fee Regulation in Unaided Schools — State Has Power to Regulate Fees Under Maharashtra Education Institutes (Prevention of Capitation Fees) Act, 1987 to Prevent Capitation Fees and Profiteering.

The petitioners, an association of private unaided minority and non-minority schools running international curriculum schools, challenged the constitu...

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Bombay High Court Allows Unaided Private School to Fix Fees Subject to Reasonable Regulation. Fee Fixation Must Be Transparent and Not Excessive Under Grant in Aid Code and Maharashtra Educational Institutions (Prohibition of Capitation Fee) Act, 1987.

The petitioners, Hindi Vidya Bhavan Society and another, are a society registered under the Societies' Registration Act, 1860 and a public trust under...