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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 Allows Revenue's Appeal in Transfer Pricing Case Due to Non-Application of Mind by ITAT. Tribunal's order set aside for failing to consider the TPO's detailed analysis and rejecting comparables without proper reasoning under Section 92C of the Income Tax Act, 1961.

The appeal was filed by the Pr. Commissioner of Income Tax - 6 under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appe...

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Bombay High Court Quashes One-Time Spectrum Charge on Cellular Operators for Spectrum Beyond 6.2 MHz, Holding No Statutory Power Under Telegraph Act, 1885 to Impose Retrospective Charges

The case involved a writ petition filed by major cellular mobile service operators, Bharti Airtel Limited and Vodafone Idea Limited, challenging the i...

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Supreme Court Dismisses Appeal of Bus Owner in Motor Accident Claim — Owner Held Liable for Compensation Due to Invalid Permit and Route Violation. Concurrent findings of fact that vehicle was plied without valid permit and on unauthorized route upheld; no interference warranted.

The appeal arose from a motor accident claim where the deceased, a 24-year-old Managing Director of a company, died in a collision with a bus owned by...

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Supreme Court Upholds Hotel Liability for Theft of Guest's Car from Valet Parking Under Bailment and Infra Hospitium Principles. Insurer as Subrogee Can Maintain Consumer Complaint as Co-Complainant.

The appeal arose from a consumer complaint filed by the insurer (United India Insurance Company Ltd.) and the car owner (Respondent No. 2) against the...

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Bombay High Court Allows Petition Challenging Levy of Interest on Accumulated License Fees Under Maharashtra Excise Act. Excise Authorities Lack Power to Impose Interest Without Specific Statutory Provision.

The petitioner, Beena Lal Avatramani, a 72-year-old businesswoman, filed a writ petition under Article 226 of the Constitution of India before the Bom...