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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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Supreme Court Enhances Compensation for Land Owners in Land Acquisition Case Under Land Acquisition Act, 1894. Court Applied Cumulative Rate of Annual Increase and Reduced Development Cut, Determining Market Value Based on Highest Bona Fide Exemplar Sale Deed from 1979.

The dispute arose from the acquisition of land measuring 297 Kanals and 1 Marla in Jassi Pau Wali, Bhatinda, Punjab, for establishing the Bhatinda Int...

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Bombay High Court Dismisses Petition Challenging Government's Direction to Levy Minimum Water Tax. State Government Has Power Under Section 112 of Maharashtra Municipal Councils Act, 1965 to Prescribe Minimum Rate and Take Coercive Measures for Non-Compliance.

The petitioner, a rate payer, challenged a letter dated 14th January 1998 issued by the Urban Development Department of the Government of Maharashtra ...

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Bombay High Court Hears Writ Petition Challenging Taxability of Interest Received on Enhanced Motor Accident Compensation. Petitioner Claims Interest is Capital Receipt and Not Taxable; Revenue Relies on Sections 56(2)(viii) and 145A(b) of Income Tax Act, 1961.

The petitioner, a 48-year-old man rendered paraplegic and bedridden since a road accident at age 8, filed a writ petition challenging the taxability o...

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High Court of Judicature at Bombay Examines Challenge to Assessment Order Restricting Sales Tax Incentives under Package Scheme of Incentives, 1993. Expansion Unit Seeks Quashing of Order Alleging It Is Without Jurisdiction and Contrary to Scheme Terms.

The petitioner, Mahindra & Mahindra Limited, a company engaged in the manufacture and sale of automobiles and spare parts, filed a writ petition befor...

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High Court of Karnataka Dismisses Challenge to KERC Order on Cross-Subsidy Surcharge for Open Access Industrial Consumers. Cross-Subsidy Surcharge Upheld as Valid Regulatory Measure Under Sections 42, 61, 62, 86 of Electricity Act, 2003.

The petitioner, Star Metallics and Power Private Limited, an industrial consumer of electricity, filed writ petitions under Articles 226 and 227 of th...

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High Court of Bombay Examines State's Challenge to Enhanced Compensation in Land Acquisition Matter; Determination of Market Value Under Section 23 of Land Acquisition Act, 1894 Considered. Reference Court's Valuation of Rs.500 per Square Metre Scrutinized Based on Comparability of Sale Instances.

The Bombay High Court, in a first appeal under Section 54 of the Land Acquisition Act, 1894, examined the State of Maharashtra's challenge to the Refe...

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RFIRST APPEAL NO. 3732 of 2023

The High Court of Gujarat heard two appeals under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Madhya Gujarat Vij Company Limite...

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Supreme Court Allows Appeal by Mortgagees in Evacuee Interest (Separation) Act Case; Rules Section 9(1) Does Not Reopen Past Interest Accounts. Interest Rate Capped at 5% Per Annum Simple from Date of Claim, Not Retrospectively, for Composite Property.

The dispute arose from a mortgage deed executed in 1928, under which the appellants were mortgagees of properties including a house, with interest at ...