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Bombay High Court Upholds Levy of Fees on Transporters and Traders Under Essential Commodities Act for Maintenance of Public Distribution System. The court held that the levy under Section 3(3)(f) of the Essential Commodities Act, 1955 is a valid regulatory fee and not a tax.

The judgment involves multiple writ petitions and civil applications challenging the levy of fees on transporters and traders under the Maharashtra Es...

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Bombay High Court Quashes Revenue Authorities' Demand for Unearned Income on Land Transfer; Holds Form HH Grant Under Bombay Land Revenue Code, 1879 Had No Restraint on Alienation. Absence of Explicit Condition in Original Grant Meant Occupant Had Unrestricted Right to Transfer Property.

The dispute pertained to a plot of land in Suburban Scheme No.III, Chembur, originally granted by the Collector to one Gajanand Manishankar Bhatt unde...

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Supreme Court Clarifies SEBI's Jurisdiction in Investor Compensation Claims Under Securities Law. SEBI Lacks Power to Award Direct Compensation but Can Order Disgorgement of Ill-Gotten Gains for Restitution Under Sections 11 and 11B of the Securities and Exchange Board of India Act, 1992.

The dispute originated in 2005 when the Securities and Exchange Board of India (SEBI) issued a show-cause notice to M/s. Vital Communications Limited ...

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Bombay High Court Dismisses Petitions Challenging Port Trust's Eviction Notices for Unauthorized Occupants. Held that lessees/licensees whose tenures expired and who continued in possession without consent are unauthorized occupants liable to eviction under the Major Port Trusts Act, 1963.

The judgment concerns a group of writ petitions filed by various entities who were originally lessees or licensees of land belonging to the Board of T...

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High Court of Karnataka Allows OCI Cardholders to Appear for CET and Other Entrance Exams — OCI Cardholders Are Eligible for Admission to Professional Courses Under Karnataka State Quota as Per Central Government Orders.

The judgment concerns a batch of writ petitions filed by OCI (Overseas Citizen of India) cardholders, including Soundarya Muthumari, who sought direct...

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Bombay High Court Allows Petitions Declaring Lapse of Reservation for Garden Under MRTP Act, 1966 Due to Failure to Acquire Within One Year of Notice. Reservation Lapses Absolutely as No Declaration Under Section 126 Was Published Despite Proposal to Collector.

The petitioners, owners of two parcels of land in Borivali, Mumbai, filed writ petitions seeking a declaration that the reservation of their lands for...

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Bombay High Court Examines Arbitrability of Disputes Between Developer and Non-Signatory Member of Cooperative Society Under Development Agreement. Issue Involves Permissibility of Invoking Arbitration Clause Against Dissenting Member Not Party to Agreement.

The dispute arose from the redevelopment of a cooperative society's building in Mumbai. The applicant, a developer, entered into a Development Agreeme...