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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 Revenue's Appeal in Sales Tax Case on Handling Charges. Handling charges for registration of motor cycles are not part of sale price under Section 2(25) of MVAT Act, 2002.

The Revenue appealed against an order of the Maharashtra Sales Tax Tribunal which set aside tax on handling charges collected by the respondent, a dea...

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Supreme Court Refers Issue of PP Act Overriding Rent Control Acts to Three-Judge Bench. Constitution Bench in Ashoka Marketing (1990) 4 SCC 406 held PP Act prevails; two-judge bench in Suhas H. Pophale (2014) 4 SCC 657 carved exceptions; conflict referred for determination.

The batch of civil appeals arose from eviction proceedings initiated by the Life Insurance Corporation of India under the Public Premises (Eviction of...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession.

The present second appeal arises out of a civil suit for declaration of ownership and permanent injunction filed by the original plaintiffs (now appel...

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High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...

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Supreme Court Hears Appeal Against Bombay High Court Judgment Upholding Sanction of Competing Slum Scheme; Appeal Ongoing.

The dispute centered on a 2,005 sq. mts. parcel in Malad, Mumbai, originally declared a slum in 1987 under the Maharashtra Slum Areas (Improvement, Cl...