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Supreme Court Allows Appeal Against High Court Order Holding Anticipatory Bail Maintainable Despite Custody in Another Case. Person in Custody Cannot Apprehend Arrest and Thus Cannot Seek Pre-Arrest Bail Under Section 438 CrPC.

The Supreme Court considered the question of whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (C...

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Bombay High Court Upholds Daughter's Right to Coparcenary Share Under Amended Section 6 of Hindu Succession Act Despite Father's Death Before 1956 Act. Daughter Granted 1/4th Share in Suit Property as Amendment is Retrospective and Confers Coparcenary Rights from Birth.

The case involves a second appeal before the Bombay High Court challenging the judgments of the trial court and the first appellate court in a partiti...

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Supreme Court Dismisses Appeal Against Tender Cancellation in Public Procurement Case — State's Decision to Cancel Tender Upheld as Not Arbitrary Under Article 14 of the Constitution.

The appeal arose from a High Court order dismissing a writ petition challenging the cancellation of a tender by the State. The appellant, a bidder, co...

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Supreme Court Allows Filing of Revised Income Tax Returns After Due Date in Amalgamation Case — Holds That NCLT-Approved Scheme Overrides Procedural Timelines Under Income Tax Act. Clause 64(c) of the Scheme Permitting Revised Returns Has Statutory Force and Department Cannot Reject Them as Invalid.

The Supreme Court allowed the appeals filed by M/s Dalmia Power Limited and M/s Dalmia Cement (Bharat) Limited against the judgment of the Division Be...

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Bombay High Court at Goa Disposes PIL Seeking Implementation of Earlier Directions on Demarcation of High Tide Line and CRZ Compliance for Beachfront Hotel. Court Holds That Authorities Must Determine if Construction Falls Within Prohibited Zone Under CRZ Notification, 1991.

The Goa Foundation, a public interest organization, filed PIL Writ Petition No. 26 of 2017 before the High Court of Bombay at Goa, alleging that the G...

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Bombay High Court Dismisses RTI Activist's Petition Seeking Income Tax Returns of Public Figure. Holds That Personal Information of Third Party Cannot Be Disclosed Unless Larger Public Interest Is Established Under Section 8(1)(j) of RTI Act, 2005.

The petitioner, Shailesh Gandhi, an RTI activist and former Central Information Commissioner, filed a writ petition under Article 226 of the Constitut...

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Bombay High Court Allows Petition Challenging Promotion of Respondent No.5 in Municipal Corporation Case Due to Ultra Vires Action. Promotion of A.T. Shintre as Director under Section 54A of Mumbai Municipal Corporation Act, 1888 set aside for being illegal and arbitrary.

The petitioners, employees of the Municipal Corporation of Greater Mumbai (MCGM), filed a writ petition under Article 226 of the Constitution of India...