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Bombay High Court Examines Constitutional Validity of Food Safety and Standards Act, 2006 Upon Challenge by Trade Associations. Court Holds That Constitutional Challenge Cannot Be Abstract and Requires Factual Foundation of Adverse Action, But Proceeds to Hear Merits for Recurring Issues.

The Bombay High Court heard a batch of three writ petitions filed by trade associations—the Association of the Traders carrying the Food Business, M...

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Bombay High Court Allows Licensee's Challenge to Arrears Demand and License Lapse in Bombay Prohibition Act Case. Demand for License Fee Arrears for Period Prior to License Grant Held Unenforceable and License Cannot Lapse Without Notice.

The petitioner, Suresh Krishnaji Lakudkar, held a CLIII license under the Bombay Prohibition Act, 1949, for the sale of foreign liquor. In Writ Petiti...

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Bombay High Court Quashes Circular Restricting Carry Forward of Reserved Vacancies in Maharashtra Public Services. Circular dated 27.10.2008 held ultra vires the Maharashtra Act No.VIII of 2004 and Articles 16(4A) and 16(4B) of the Constitution.

The petitioner, Magas Varga Karmachari Adhikari Suraksha Mahasangh, a society, filed a writ petition before the Bombay High Court challenging a circul...

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Bombay High Court Dismisses Bail Application of Accused in UAPA Case on Grounds of Parity and Merits. Parity with co-accused granted bail is not a valid ground when the applicant's role is distinct and the first bail application was rejected on merits.

The applicant, Dr. Gokarakonda Naga Saibaba, filed a second bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking bail i...

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Karnataka High Court examines blocking of Input Tax Credit under Rule 86A of CGST Rules. Petitions filed under Articles 226 and 227 of the Constitution challenge orders blocking electronic credit ledger without hearing, contending violation of natural justice and fundamental rights.

The writ petitions were filed under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench, by several pe...

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Supreme Court Quashes Division Bench Order in Trade Mark Infringement Suit Due to Non-maintainable Intra-court Appeal. The Single Judge's Order Granting Time to File Affidavit-in-Opposition Was Not a 'Judgment' Under Clause 15 of Letters Patent, Making the Appeal Inadmissible.

The dispute arose from a civil suit filed by the respondent-plaintiff against the appellant-defendants for infringement of the registered trade mark '...

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Bombay High Court Dismisses University's Writ Petitions Challenging Industrial Court's Interim Relief Orders in Service Disputes. Held that Industrial Court has jurisdiction to grant interim relief under Section 30(2) of MRTU & PULP Act, 1971.

The Rashtrasant Tukadoji Maharaj Nagpur University and its Vice-Chancellor filed four writ petitions (WP Nos. 2966/2011, 2967/2011, 2968/2011, 2969/20...

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High Court of Karnataka Quashes Revocation of Environmental Clearance for Granite Quarrying Near Bannerghatta National Park. Environmental Clearance Restored as Eco-Sensitive Zone Notification dated 11.03.2020 Limits Mining Prohibition to Notified 100-Meter Zone, Not One-Kilometer Buffer.

The petitioner, owner of patta land in Herandyapanahalli Village, Kanakapura Taluk, was granted a work order on 14.01.2016 under Rule 32(1) of the Kar...