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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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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...

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Supreme Court Dismisses Appeal in Partition Suit, Upholds Finding That Properties Were Self-Acquired by Sons, Not Benami. Benami Transactions (Prohibition) Act, 1988 Held Retroactive, Barring Claim Based on Benami Nature.

The present appeal arises from a partition suit filed by Smt. P. Leelavathi (since deceased, represented by legal heirs) against her brothers, the ori...

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Supreme Court Upholds NGT Decision Quashing Ex Post Facto Environmental Clearances Under EIA Notification 1994. Circular dated 14 May 2002 Allowing Retrospective Clearances Held Invalid as Prior Environmental Clearance is Mandatory Under Section 3 of Environment Protection Act 1986.

The case involves appeals against the judgment of the National Green Tribunal (NGT) dated 8 January 2016, which quashed a circular issued by the Union...

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Bombay High Court Allows Writ Petition Challenging Mutation Entry in Revenue Records — Violation of Natural Justice. Failure to Provide Hearing Before Recording Mutation Entry Under Maharashtra Land Revenue Code, 1966 Renders Entry Invalid.

The petitioners, Vijaya Vijayrao Khadke and Vijay Sheshraoji Khadke, filed a writ petition before the Bombay High Court, Nagpur Bench, challenging mut...

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Bombay High Court Allows Writ Petition Challenging SARFAESI Act Possession Notice — Bank Directed to Consider One-Time Settlement Offer. Failure to Consider OTS Proposal Before Taking Possession Violates Principles of Fairness and Natural Justice Under Section 13(2) of SARFAESI Act, 2002.

The petitioner, Surendra Nikose, had availed a housing loan from the State Bank of India (respondent). Due to financial difficulties, he defaulted on ...