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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 Full Bench Considers Validity of Rule Excluding Full-Time Salaried Assistant Public Prosecutors from District Judge Appointments. The case concerns interpretation of 'advocate' under Article 233(2) of the Constitution and consistency with Supreme Court precedent.

The Full Bench of the Bombay High Court heard a reference arising from a writ petition filed by six Assistant Public Prosecutors employed on a full-ti...

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Bombay High Court Considers Reference for Confirmation of Death Sentence Under Section 366 CrPC and Criminal Appeal Against Conviction. The Trial Court Convicted the Accused Under Sections 302, 307, 323 Indian Penal Code and Awarded Death Sentence.

The matter came before the Bombay High Court as a confirmation reference under Section 366 of the Code of Criminal Procedure, 1973, and a criminal app...

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Bombay High Court Dismisses Appeals in Property Partition Suit — Upholds Trial Court's Refusal to Reject Plaint Under Order VII Rule 11 CPC. Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata.

The case involves three appeals filed by the defendants (Smt. Malti Kapadia, Hemant Kapadia, and Vijaysingh Kapadia) against an order of the City Civi...

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Bombay High Court Dismisses Testamentary Petition for Probate Due to Lack of Jurisdiction and Non-Prosecution. The court held that the petitioner failed to establish the deceased's domicile in Maharashtra and did not pursue the petition diligently, resulting in dismissal.

The case involves a testamentary petition filed by Arnold Samson of Sweden, claiming to be the only son and sole heir of the deceased, seeking probate...

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High Court of Karnataka Dismisses Revision Petition in Caste Correction Suit — No Error Apparent on Face of Record for Amendment Under Section 152 CPC. Application to correct cause title of judgment and decree dismissed as no clerical or arithmetical mistake existed.

The petitioner, Santosh Munavalli, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC), challenging the order...

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CRIMINAL WRIT PETITION NO.3931 OF 2016

The petitioner, a former PWD Minister of Maharashtra, filed a habeas corpus petition under Articles 226 and 227 of the Constitution challenging his ar...

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Bombay High Court Dismisses Winding Up Petition Under Section 433(e) of Companies Act, 1956 for Debt Disputed in Good Faith. Petition Filed to Exert Pressure for Unreasonable Demands, Not for Recovery of Genuine Debt.

The petitioner, Fomento Resorts And Hotels Ltd., filed a winding up petition under Section 433(e) of the Companies Act, 1956 against the respondent, G...