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Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

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Bombay High Court Dismisses Appeal of Husband Convicted for Murder of Wife by Burning. Dying Declaration Found Reliable and Sufficient for Conviction Under Section 302 IPC.

The appellant, Vilas @ Bandu Punjabrao Misal, was convicted by the Additional Sessions Judge, Nagpur, for the murder of his wife Kalpana under Section...

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Supreme Court Overrules PV Narasimha Rao, Holds Bribery Not Protected by Parliamentary Privilege — Legislators Who Accept Bribes for Speech or Vote Are Not Immune from Prosecution Under Articles 105(2) and 194(2) of the Constitution.

The Supreme Court of India, in a seven-judge bench decision, overruled its earlier majority judgment in PV Narasimha Rao v. State (CBI/SPE) (1998) 4 S...

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Bombay High Court Examines Claim of Automatic Lapsing of Land Reservation Under Section 49(7) of the Maharashtra Regional and Town Planning Act, 1966. Petitioners Argued That Failure to Acquire Land Within Prescribed Period After Purchase Notice Entitled Them to Release From Reservation.

The petitions arose from the reservation of land in Andheri, Mumbai, for a public garden under successive development plans. The petitioner, Mehtab La...

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Bombay High Court Hears Challenge to Caste Certificate Invalidation Under Maharashtra Act 23 of 2001. Petitioner Raises Issues of Committee Constitution and Affinity Test Inadequacy Against Scrutiny Committee Order.

The matter involved a challenge to the Caste Scrutiny Committee's order invalidating the petitioner's claim to belong to the Halba Scheduled Tribe und...

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Bombay High Court Dismisses Writ Petition Challenging Grampanchayat Election Nomination Rejection Due to Bar Under Article 243-O(b) of Constitution. Writ Petition Held Not Maintainable as Remedy Lies Only Through Election Petition Under Section 15 of Maharashtra Village Panchayats Act, 1959.

The petitioner, Gazala Bi Saddam Shah, filed a writ petition under Article 226 of the Constitution of India challenging the rejection of her nominatio...

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Bombay High Court Dismisses Management's Petition in School Termination Case — Termination Without Prior Approval Under Section 5 of M.E.P.S. Act Void. Reinstatement with Continuity Upheld, Back Wages Denied as Employee Did Not Work.

The case involves a challenge by the management of a private school (Shamin Azad Education Society and others) against the judgment of the School Trib...