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Bombay High Court Upholds Validity of Section 21(5) of Bombay Sales Tax Act, 1989 Allowing Non-Judicial Member as President of Tribunal. Challenge to Appointment of IAS Officer as President Dismissed as Provision Does Not Violate Basic Structure.

The Sales Tax Tribunal Bar Association and its President filed a writ petition before the Bombay High Court challenging the constitutional validity of...

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Bombay High Court Examines Challenge to Government Resolutions Granting Protection to Employees with False Tribe Certificates. Petitioners Argue That Such Resolutions Violate Constitutional Provisions and Statutory Mandate Regarding Withdrawal of Benefits Obtained Through False Certificates.

The petitioner, an advocate and president of the Tribal Rights Protection Committee, filed a writ petition before the Bombay High Court challenging th...

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Bombay High Court Upholds Non-Cumulative Age Relaxation in Public Service Recruitment — Conflicting Division Bench Decisions Resolved. Age relaxation for multiple categories (physically handicapped, reserved category) cannot be cumulated unless rules expressly provide for cumulative benefit.

The Maharashtra Public Service Commission filed two writ petitions challenging orders that allowed cumulative age relaxation to candidates who were bo...

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High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...

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Karnataka High Court Examines Whether Accused in Negotiable Instruments Act Case Can Give Evidence by Affidavit. Court Considers Application for Quashing of Proceeding Permitting Accused's Affidavit and Rejection of Section 311 Cr.P.C. Application.

The petitioner, as complainant in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881, sought quashing of the proceeding...

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High Court of Bombay Addresses Divergence on Reservation Act and Promotion Policy — Constitutional Validity Issue Deemed Academic. Third Judge Holds that Tribunal Overstepped in Striking Down Reservation Act as the Core Dispute Concerned Promotion Quotas, Not Direct Recruitment Reservations.

The matter originated from a reference by the Chief Justice under Rule 7, Chapter I of the Bombay High Court Appellate Side Rules, necessitated by a d...