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Bombay High Court Issues Directions to Enforce Fitness Certificate Tests Under Motor Vehicles Act. Failure to Implement Rule 62 of Central Motor Vehicles Rules, 1989 Found to Contribute to Road Accidents and Loss of Life.

The petitioner, appearing in person and assisted by amicus curiae, filed a Public Interest Litigation seeking enforcement of provisions of the Motor V...

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Bombay High Court Quashes No Confidence Motion Against Sarpanch for Non-Compliance with Mandatory Meeting Rule. Rule 17 of Bombay Village Panchayats (Meetings) Rules, 1959 Held Mandatory; Failure to Move and Second Motion Vitiates Proceedings.

The dispute arose from a no confidence motion passed against the petitioner, who was the elected Sarpanch of Grampanchayat Minche, Taluka Hatkanangale...

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Madras High Court Hears Second Appeal Against Concurrent Findings Dismissing Injunction Suit Based on Compromise Decree. Substantial Questions on Res Judicata and Minor Guardian Not Signing Compromise Raised.

The case involved a second appeal before the High Court of Madras arising out of a suit for permanent injunction filed by the plaintiffs-appellants ag...

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Bombay High Court Full Bench Answers Reference on Entitlement of Second Wife to Family Pension under Maharashtra Civil Services (Pension) Rules, 1982. The Court examines Rule 116(6)(a)(i) in light of Hindu Marriage Act and personal laws.

The matter came before the Full Bench of the Bombay High Court upon a reference by a Division Bench to resolve the question whether the second wife of...

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Supreme Court Upholds Corporation in Dismissal Case, Denying Reinstatement Despite Procedural Lapse. Employee Held Entitled Only to Damages as Contract of Personal Service Cannot Be Specifically Enforced; Breach of Regulation Did Not Violate Mandatory Statutory Obligation.

The case involved a dispute between an employee and his employer, a statutory corporation, regarding the employee's dismissal from service. The employ...

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Supreme Court Dismisses Building Contractors' Appeals Against Purchase Tax Assessment Under M.P. Sales Tax Act. Notice Period Directory, Contractors Held 'Dealers', and Consumption of Materials in Construction Attracts Purchase Tax Under Section 7.

The appellants, a firm of building contractors registered as dealers under the Madhya Pradesh General Sales Tax Act, 1958, purchased taxable building ...

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Bombay High Court Dismisses Appeal Against Return of Plaint in Suit Involving Agreement for Flat Purchase. Amendment Seeking Declaration of Invalidity of Subsequent Sale Contract Held Governed by Section 6(iv)(ha) of Bombay Court Fees Act, 1959; City Civil Court Loses Pecuniary Jurisdiction.

The appeal arose from an order passed by the Judge, City Civil Court, Greater Mumbai, returning the plaint to the appellant under Order 7 Rule 10 of t...

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Bombay High Court Dismisses Election Petition for Lack of Material Facts in Recount Application. Allegations of Improper Counting Must Be Supported by Specific Averments Under Section 83 of the Representation of the People Act, 1951.

The case involves an election petition filed by Rashmi Digambar Bagal challenging the election of Narayan Govindrao Patil from the 244 Karmala Assembl...

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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 Dismisses Appeal Against Arbitral Award in Broker-Client Dispute. Court Upholds Award Directing Payment of Rs.1,58,39,459.87 but Refuses Interest and Costs Under Section 34 of Arbitration & Conciliation Act, 1996.

The appellant, Harinarayan Bajaj, entered into various share transactions on the Bombay Stock Exchange (BSE) through the respondent, Madhukar Sheth, w...