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Bombay High Court Dismisses Second Appeal by Adjacent Landowner in RERA Case — Locus Standi of Non-Allottee Denied. Project Completed Prior to RERA Act Not Required to Be Registered Under Section 3 of Real Estate (Regulation and Development) Act, 2016.

The appellant, Dr. Yogesh Keshav Bele, owned land adjacent to a project called 'Blue Heaven' developed by Respondent No. 3. He was not an allottee in ...

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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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High Court of Bombay Determines Applicability of Maharashtra Fee Regulation Act to Autonomous Professional Colleges. The Court Examined Whether Autonomous Status Under the Maharashtra Public Universities Act, 2016 Exempts Institutions from Fee Oversight by the Fees Regulating Authority.

The judgment addressed a common question of law arising from three writ petitions filed by autonomous educational institutions: K.J. Somaiya College o...

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Bombay High Court Dismisses MCGM's Challenge to MERC Regulation on Compensation for Delayed Electricity Connections. Regulation 4.10 requiring distribution licensees to pay compensation for failure to provide new connections within stipulated period is valid and not ultra vires the Electricity Act, 2003.

The Municipal Corporation of Greater Mumbai (MCGM), through its Brihanmumbai Electric Supply & Transport Undertaking (BES&T), filed a writ petition un...

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Bombay High Court Dismisses MSEB's Challenge to Sale of Captive Power to Third Party Without Licence Under Electricity Act, 2003. Captive Generating Plant Not Required to Obtain Licence for Sale to Another Industrial Consumer Under Section 9 Read With Section 42 of the Electricity Act, 2003.

The petitioner, Maharashtra State Electricity Board (MSEB), filed a writ petition challenging the order of the Maharashtra State Electricity Regulator...

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Supreme Court Sets Aside NGT Order Directing Reconsideration of SPCB Appointments, Holds NGT Exceeded Jurisdiction. State Governments Urged to Make Appointments with Due Care in Light of Article 48A and Environmental Principles.

Background: The case involved a batch of civil appeals filed before the Supreme Court against a judgment and order dated 24 August 2016 passed by the ...

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Bombay High Court Dismisses Revenue's Appeal in Service Tax Case Against SEBI. Regulatory fees collected under SEBI Act, 1992 are statutory levies, not consideration for taxable service under Finance Act, 1994.

The Principal Commissioner of CGST & Central Excise, Mumbai East, filed an appeal under Section 35(G) of the Central Excise Act, 1944 against the orde...