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Bombay High Court Quashes Import Restriction for Areca Nuts — Condition Requiring NOC from FSSAI Held Ultra Vires. Import Policy Condition Violates Article 19(1)(g) and Article 14 of Constitution as It Lacks Statutory Authority and Is Disproportionate.

The petitioner, Siddhi Vinayak, a partnership firm registered under the Indian Partnership Act, 1913, engaged in the import of areca nuts (commonly kn...

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Bombay High Court Allows Revenue's Appeal in Central Excise Case on CENVAT Credit Restriction for Inputs from 100% EOU. Rule 3(6)(a)(i) of CENVAT Credit Rules, 2002 restricts credit on inputs manufactured by a 100% EOU, and reversal under Rule 3(4) does not remove the restriction.

The Commissioner of Central Excise, Raigad filed an appeal under Section 35G of the Central Excise Act, 1944 against the order of the Customs, Excise ...

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Bombay High Court Dismisses Petitions Challenging Transfer of Assistant Professors from Autonomous College. Government retains administrative control over employees recruited before grant of autonomy, and transfer order is not ultra vires.

The petitioners, Assistant Professors, were recruited by the State Government before their college became autonomous. Subsequently, the government tra...

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Bombay High Court Quashes Bank's Wilful Defaulter Declaration for Violating Natural Justice. Show-cause notice lacking specific grounds renders the decision invalid under RBI Master Circular on Wilful Defaulters.

The petitioners, Nitin Shah, Rahul Shah, and Kunal Shah, who were directors of Nitin Fire Protection Industries Ltd. (the corporate debtor under CIRP)...

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Bombay High Court Quashes FIR in Abetment of Suicide Case Due to Absence of Instigation or Proximate Link. Petitioner, an airport service manager, was accused of abetting suicide of a contractual employee who resigned and later died by suicide, but no evidence of direct instigation or harassment was found.

The petitioner, Suresh Hindurao Patil, was an Airport Service Manager for SITA Information Networking Computing based in Abu Dhabi. He was responsible...

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Bombay High Court Directs State to Provide 10% EWS Reservation in Direct Second Year Engineering Admission. State Government Cannot Refuse Implementation on Ground of Lack of AICTE Approval as Reservation Policy is to be Implemented by State.

The petitioner, Ku. Utkarsha Umesh Deshmukh, a student aged about 18 years, filed a writ petition seeking a direction to Respondent No. 3, the State C...

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Bombay High Court Allows Student's Discharge in Caste Certificate Fraud Case — Lack of Mens Rea and No Evidence of Petitioner's Involvement in Fabrication of Documents. Court Quashes Criminal Proceedings Under Section 11 of Maharashtra Caste Certificate Act, 2000 and Sections 420, 468, 471 IPC.

The petitioner, Ms. Safa Khwaja Shaikh, a 21-year-old student, took admission for a Diploma in Information Technology at A G Patil Polytechnic Institu...

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Bombay High Court Dismisses Application for Transfer of Sessions Case Due to Transfer of Presiding Judge. Court holds that mere transfer of a judge does not warrant transfer of a case to the successor court unless prejudice is shown.

The applicant, Anees Shakil Ahmed Ansari, filed an application under the Criminal Procedure Code seeking transfer of Sessions Case No. 73 of 2015 from...