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Karnataka High Court Dismisses Quo-Warranto Petitions Challenging KPSC Appointments, Upholds Executive Power Under Article 316. Court Rules That Article 316 is a Complete Code and No Rules are Required for Appointing Chairman and Members of the State Public Service Commission.

Two public interest litigations were filed by Shashi Prasad Gandhi and T. Narasimhamurthy challenging the appointments of the Chairman and members of ...

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Bombay High Court Issues Directions for Improvement of Healthcare Facilities in Government Hospitals in Goa in Public Interest Litigation. Court Holds That Right to Health is a Fundamental Right Under Article 21 of the Constitution and State Has a Legal Obligation to Provide Basic Medical Facilities.

This public interest litigation was filed by Prakash B. Sardessai and Vishwesh Sardessai, residents of Goa, seeking improvement of healthcare faciliti...

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Karnataka High Court Dharwad Bench Hears Writ Petitions Challenging Constitutionality of Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Act, 2011. Petitioners Seek to Strike Down Act as Discriminatory and Violative of Fundamental Rights.

This batch of writ petitions was instituted by several temple trusts from Uttara Kannada and Belgaum districts of Karnataka before the Dharwad Bench o...

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Division Bench of Karnataka High Court Hears Challenge to Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Act, 2011 by Temple Trusts. Petitioners Allege Amendment Is Discriminatory and Violative of Fundamental Rights Under Constitution.

The petitioners, comprising 64 Hindu religious institutions and charitable trusts from various districts of Karnataka, filed writ petitions under Arti...

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Bombay High Court Quashes FIR in SC/ST Atrocities Case for Lack of Public View and Mens Rea. Alleged Caste-Based Insults Made in Private Office Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the same First In...

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High Court Dismisses Petitions Against Railway Eviction Notices -- Residents of Malad Fail to Prove Legal Right to Railway Land -- Eviction Upheld for Public Infrastructure Development

The judgment involved 25 connected writ petitions filed by residents of Malad, Mumbai, against eviction notices from the Western Railway Administratio...

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Bombay High Court Allows Writ Petition of Probationary Police Sub-Inspectors Challenging Stigmatic Termination Without Inquiry. Termination orders set aside as violative of Article 311(2) and Maharashtra Police (Probation) Rules, 1960, with direction for reinstatement.

The petitioners, 21 individuals, were appointed as Police Sub-Inspectors in the Maharashtra Police Force on a probationary basis. During their probati...

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WRIT PETITION NO.1430 OF 2011

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Bombay High Court Quashes School Management Transfer Order Due to Arbitrary Exercise of Discretion and Lack of Reasons under Secondary School Code. Non-Application of Mind and Breach of Fiduciary Duty by Trustees Rendered Order Invalid; Guidelines Framed to Fill Legislative Vacuum.

The dispute arose from the transfer of management of a school run by Matoshri Bahuuddeshiya Shikshan Sanstha, Nagpur, to another society. Two writ pet...