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Bombay High Court Dismisses Petitions Seeking Reappointment of District Forum Presidents Under Consumer Protection Act, 1986. Section 10(2) of the Act Prescribes a Single Term of Five Years or Until Age 65, Barring Reappointment.

The judgment addresses a common question arising in multiple writ petitions: whether the President of a District Forum constituted under Section 10 of...

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Bombay High Court Quashes Criminal Case Against Secretary in Food Safety Violation — No Vicarious Liability Without Specific Role. Secretary Not Present at Sampling, Complaint Lacks Averment of Responsibility Under Section 59 of Food Safety and Standards Act, 2006.

The applicant, Hemant Sukaji Funde, was the Secretary of Gurukrupa Adiwasi Prathmik and Madhyamik Ashramshala, Thana, Amgaon, Gondia. He was arraigned...

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Bombay High Court Quashes Criminal Proceedings Against Society Members in Wildlife Act Case — No Prior Sanction Obtained. Proceedings under Sections 9, 39, 44, 49B, 50, 51, 52 of the Wildlife (Protection) Act, 1972 and Section 482 CrPC quashed for lack of mandatory sanction under Section 55 of the Act.

The applicants, who were members of Sindhu Education Society, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) ch...

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High Court of Karnataka Dismisses University's Appeal Against Chancellor's Power to Appoint Inquiry Committee. Chancellor's power under Section 11(1) & (2) of Visvesvaraya Technological University Act, 1994 includes authority to appoint fact-finding committee to inquire into irregularities.

The Visvesvaraya Technological University, Belagavi, filed a writ appeal against an order of a learned Single Judge dated 27.02.2015 dismissing its wr...

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Madras High Court Quashes Show Cause Notice and Declares Finance Act Provisions Ultra Vires Following Supreme Court Decision in Calcutta Club Limited. Service Tax Levy on Incorporated Entity Fails as 'Body of Persons' Does Not Include Bodies Corporate.

The petitioner, M/s. Sterling Holiday Resorts (I) Limited, a company incorporated under the Companies Act, received a show cause notice dated 22.10.20...

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Madras High Court Allows Writ Appeal by Employees Provident Fund Board, Remands Maintainability Issue for Adjudication on Merits. Held That Regional Provident Fund Commissioner Has Locus Standi to Challenge Appellate Tribunal Order Under Article 226 of Constitution and Sections 5-C/7-I of EPF Act.

The dispute arose from proceedings under the Employees Provident Funds and Miscellaneous Provisions Act, 1952. The Regional Provident Fund Commissione...

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High Court of Karnataka Considers Commercial Appeal Against Trial Court's Refusal to Grant Interim Injunctions in Trademark Infringement Suit. The Court Addresses Preliminary Objection Regarding Maintainability of the Suit and Appeal Without Board Resolution.

The dispute traces back to a family-run jewellery business started in 1869 by C.Krishnaiah Chetty at No.35, Commercial Street, Bangalore. Over generat...

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Bombay High Court Delivers Oral Judgment on Sanction of Scheme of Arrangement Amid BIFR Pendency. Maintainability Under Sections 391 and 394 of Companies Act, 1956 Against Overriding Effect of Sick Industrial Companies (Special Provisions) Act, 1985 Considered.

The petitioner, Ashok Organics Industries Ltd., incorporated in 1973, filed a petition under Sections 391 and 394 of the Companies Act, 1956, seeking ...