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Gujarat High Court Quashes Retrospective Withdrawal of Export Incentive Scheme. Retrospective Cancellation of Transport and Marketing Assistance Scheme Violates Legitimate Expectation and Promissory Estoppel, Unreasonable Classification Under Article 14.

The petitioners, exporters of agricultural products, were beneficiaries of the Transport and Marketing Assistance (TMA) Scheme introduced by the Minis...

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Bombay High Court Dismisses Execution Application for Interest on Arbitral Award During Pendency of Challenge — Bank Guarantee Furnished Under Supreme Court Order Constitutes Payment into Court Under Order 21 Rule 1 CPC

The case involves an execution application filed by Bhadani Associates (the claimant/decree-holder) seeking to enforce an arbitral award dated 16th Ja...

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Bombay High Court Allows Revenue to Withdraw Customs Appeals Based on CBEC Monetary Threshold Instructions. Court permits withdrawal of appeals and review of Tribunal orders under Section 35R of Central Excise Act, 1944 and Section 131BA of Customs Act, 1962.

The Commissioner of Customs and Central Excise, Goa, filed nine Customs Appeals under Section 130 of the Customs Act, 1962, against orders of the Cust...

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Bombay High Court Allows Arbitration Application Under Section 11 of Arbitration and Conciliation Act, 1996 — Appointment of Arbitrator for Partnership Dispute. Court finds existence of arbitration clause in partnership deed and refers parties to arbitration despite dispute over dissolution.

The applicant, Mr. Palwinder Singh Samra, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of ...

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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 Judicature at Bombay, Nagpur Bench, Examines Legality of Pension Recovery Conditions Imposed Post-Facto for APMC Employment. Petition Challenges Maharashtra Administrative Tribunal’s Finding that Reemployment Constituted Commercial Employment under Rule 163(8) of Pension Rules.

The petitioner retired from the Maharashtra State Government service on 31.05.1992 and immediately joined as Secretary of the Agriculture Produce Mark...

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Bombay High Court Dismisses Election Petitioner in Representation of the People Act, 1951 Case — Alleged Corrupt Practice of Bribery Not Proved. Seizure of Rs. 50 Lakhs in Candidate's Vehicle Without Evidence of Offer or Distribution to Electors Held Not to Constitute Bribery Under Section 123(1)(A).

The election petition challenged the election of the respondent, the official candidate of the Bharatiya Janata Party, from the Dahisar Assembly Const...

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High Court of Judicature at Bombay (Nagpur Bench) Hears Appeals Against Conviction for Double Murder and Criminal Conspiracy. Convictions Under Sections 302, 120B, 364 IPC and Arms Act Based on Circumstantial Evidence Challenged on Merits.

The case pertains to the murder of Advocate Pradeep Nalamwar and Vijay Bisne, allegedly carried out at the behest of accused no. 4 Swami, the landlord...

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Bombay High Court Dismisses Petition for Revocation of Probate in Indian Succession Act Case Due to Lack of Caveatable Interest and Proof of Adoption. Allegations of Fraud and Non-Service of Citation on Heirs Fail as Petitioner Fails to Establish Locus Standi and Execution of Will is Upheld.

The Bombay High Court heard a miscellaneous petition filed by the nephew of a deceased woman seeking revocation of a probate granted in favor of the r...