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Supreme Court Allows Regulatory Appeal on Trial Forum under Securities and Exchange Board of India Act, 1992. Procedural Amendment to Section 26 by the 2002 Amendment Act Held Retrospective, and All Pending Trials for Pre-2002 Offences Must Proceed Before Special Court as per the 2014 Amendment.

The Supreme Court addressed a batch of appeals and writ petitions concerning the correct forum for trial of offences under the Securities and Exchange...

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Bombay High Court Considers Cross-Petitions Against Labour Court Awards Awarding Compensation to Workmen Dismissed After Strike; Maintainability of Reference Under Industrial Disputes Act and Proportionality of Punishment Examined.

The matter involved cross writ petitions arising from Labour Court awards concerning the dismissal of workmen employed by Haldyn Glass Limited. In the...

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High Court of Karnataka Quashes Disciplinary Proceedings Against KSRTC Employee for Lack of Authority of Inquiry Officer. Inquiry Officer Appointed by Managing Director Without Delegated Power Under KSRTC (C&A) Regulations, 1971, Rendering Proceedings Void Ab Initio.

The petitioner, R.A. Nagendranath, a Chief Mechanical Engineer with KSRTC, challenged the legality of an order dated 14-1-2016 passed by the Managing ...

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High Court of Karnataka Adjudicates Writ Petition Challenging Reopening of Assessment Under Sections 147/148 of Income Tax Act, 1961. Petition Contended That Reopening Was Barred by Limitation and Without Jurisdiction; Court Examined the First Proviso to Section 147 and the Requirement of Full Disclosure.

The petitioner, a company engaged in software development and providing services to foreign clients, challenged the reopening of its assessment for th...

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Supreme Court Upholds High Court's Power to Transfer District Judges from Administrative Posts to Judicial Duties. Order Under Article 235 of Constitution Held Valid After Ranga Mohammad's Case, Allowing Recall of Judicial Officers to Regular Line.

The dispute arose from the High Court of Orissa's order recalling three judicial officers from administrative posts to regular judicial duties. The Or...

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Karnataka High Court Allows State's Revision Against Order Defreezing Bank Accounts in Lokayukta Case. Court holds that Section 457 Cr.P.C. applications for defreezing of accounts are not maintainable during pendency of trial under Prevention of Corruption Act, 1988.

The State of Karnataka, through Lokayukta Police, filed a revision petition under Section 397(1) r/w 401 Cr.P.C. challenging an order dated 10.04.2015...

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Bombay High Court at Goa Acquits Accused in NDPS Case for Non-Compliance with Sections 42 and 50 of NDPS Act, 1985. Search and Seizure of Charas from Hotel Room Vitiated as Mandatory Procedural Safeguards Not Followed.

The appellant, Dhansur Ghartimagar, was convicted by the Special Judge under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Ac...

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High Court of Bombay at Goa Hears Writ Petition by Professor Against Transfer Order Pending Departmental Inquiry. Petition Challenges Orders Relating to Leave Regularization and Inquiry Report Under Rule 14 of Central Civil Services (Classification, Control and Appeal) Rules, 1965.

The writ petition before the High Court of Bombay at Goa challenged an order dated 19 June 2017 issued by the Under Secretary (Health), Public Health ...