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Bombay High Court Permits Medical Termination Beyond 20 Weeks Under MTP Act's Section 5. Court Holds That Section 5 Not Restricted to Life-Threatening Cases, Encompasses Grave Injury to Health, and Lays Down Guidelines for Future Cases.

The Bombay High Court heard three writ petitions filed by pregnant women whose pregnancies had exceeded 20 weeks, seeking permission to undergo medica...

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Bombay High Court Holds that Copyright Society Cannot Demand Royalty for Sound Recording Broadcasts from FM Radio Stations. Sound Recording Copyright Prevails Over Underlying Works Once Incorporated, Thus IPRS Not Entitled to Licence Fee for Broadcasts.

Background: The dispute involved the right of a copyright society (IPRS) to demand royalties from an FM radio broadcaster for broadcasting sound recor...

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Bombay High Court Grants Declaration in Favor of FM Broadcaster Against Copyright Society. Court Rules That Defendant Cannot Demand Royalty for Broadcast of Sound Recordings Under Copyright Act, 1957.

The suit was filed by Music Broadcast Private Limited, a company operating FM radio stations across India, against Indian Performing Right Society Lim...

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Supreme Court Dismisses Appeal by Suspended Director in IL&FS Accounts Reopening Case — Recasting Permitted Under Section 130 Companies Act. Court holds that SFIO and ICAI reports provide sufficient basis for reopening accounts and that suspended director lacks locus standi.

The case pertains to an appeal filed by Hari Sankaran, a suspended director of Infrastructure Leasing & Financial Services Limited (IL&FS), against th...

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Bombay High Court Allows Appeal Against Dismissal of Writ Petition Challenging Cooperative Court Order in Bank Loan Recovery Dispute. Limitation Period for Filing Execution Application Under Section 101 of Maharashtra Cooperative Societies Act, 1960 Is 12 Years, Not 3 Years.

The appeal arises from an order dated 3 November 2004 of a learned Single Judge of the Bombay High Court dismissing the Appellant's Writ Petition No.2...

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Bombay High Court Allows Appeals Against Remand Order in Suit for Possession and Mesne Profits — District Judge Exceeded Revisional Jurisdiction by Suo Motu Raising Valuation Issue Without Pleading or Prejudice.

The appellants, as plaintiffs, filed suits before the Civil Judge Junior Division, Nashik, seeking possession of suit property and compensation/mesne ...

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Bombay High Court Considers Administrator’s Report for Recovery of Diverted Estate Assets in Testamentary Suit. Court Appointed Administrator Seeks Directions Against Defendant for Unauthorized Diversion of Deceased’s Funds to Various Entities.

The matter concerned the administration of the estate of Purvez Burjor Dalal, who died in Mumbai on 7 December 2011. A testamentary suit was institute...

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Arbitration Amidst Disputed Insurance Claims. Navigating jurisdictional challenges and contractual non-disclosure in arbitration under the Arbitration and Conciliation Act, 1996.

A Commercial Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award for its alleged failur...

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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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Bombay High Court Upholds Validity of Maharashtra Revenue Services (Recruitment) Rules, 2020 and Directs Finalization of Seniority Lists for Deputy Collectors — Seniority to be Determined by Date of Continuous Officiation, Not by Date of Regular Promotion.

The judgment pertains to a batch of writ petitions filed by Deputy Collectors and the State of Maharashtra concerning the determination of seniority o...