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High Court Quashes FIR Against Private Contractor in Prevention of Corruption Act Case Applicant Not a Public Servant Under Section 2 of P.C.Act and BNS Bribery Allegations Fail Due to Statutory Definition Exclusion

The judgment involves a criminal application filed by Applicant seeking quashing of an FIR registered under Section 7 of the Prevention of Corruption ...

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Bombay High Court Dismisses Petition Challenging Trade Circulars Restricting CST Exemption to Registered Dealers. State Government Cannot Grant Exemption for Inter-State Sales to Unregistered Dealers Under Section 8(5) of Central Sales Tax Act, 1956 After 2002 Amendment.

The petitioners, Prism Cement Limited and its shareholder/director, filed a writ petition challenging three trade circulars issued by the Commissioner...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Bombay High Court Directs Customs to Refund Sale Proceeds with Interest Following Settlement Commission Order. Failure to Implement Settlement Order Within Reasonable Time Amounts to Unjust Enrichment and Arbitrary Action Under Article 226.

The Petitioner, Vishnu M. Harlalka, approached the Bombay High Court under Article 226 of the Constitution seeking implementation of an order dated 9 ...

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High Court of Karnataka Examines Challenge to Composite Show Cause Notice Issued Under Section 74 of CGST Act for Multiple Tax Periods

The petitioner, a partnership firm engaged in real estate development and registered under the Central Goods and Services Tax Act, 2017, filed a writ ...

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Supreme Court Allows Carrying Cost in Change in Law Claims Under PPA — Restitutionary Principle Upheld. Article 13.2 of Power Purchase Agreement Entitles Generating Company to Carrying Cost from Date of Change in Law Till Approval.

The case involves appeals by Uttar Haryana Bijli Vitran Nigam Ltd. and Dakshin Haryana Bijli Vitran Nigam Ltd. (Haryana Discoms) and Gujarat Urja Vika...

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High Court of Bombay Sets Aside Tribunal's Interim Stay on Transfer of IAS Officer, Holding It Violative of Section 24 of Administrative Tribunals Act, 1985. Transfer Order Passed in Administrative Exigency After Preliminary Enquiry Revealed Financial Irregularities, Not Vitiated by Mala Fides.

The State of Maharashtra filed a writ petition before the Bombay High Court challenging two orders of the Central Administrative Tribunal, Bombay Bran...

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Bombay High Court Allows Pensioner's Claim for Balance Gratuity Under VIIth Pay Commission Ceiling. Petitioner restricted claim to Rs.20 lakh ceiling, already paid Rs.9,76,280, balance Rs.10,23,720 directed to be paid with interest.

The petitioner, Dr. Mohammad Modassir, a pensioner and former State Election Commissioner of Goa, filed a writ petition seeking payment of retirement ...

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High Court of Karnataka Quashes Industrial Tribunal Award Directing Regularization of 24 Workmen in National Aerospace Laboratories — Workmen Held Not Entitled to Regularization as They Were Employed by Contractor, Not Principal Employer.

The petitioner, Management of National Aerospace Laboratories (NAL), challenged the award dated 30-12-2005 of the Industrial Tribunal, Bengaluru in I....