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Bombay High Court Quashes Notice Under Section 89 of MRTP Act for Lack of Jurisdiction — Prior Civil Court Decree Declaring Petitioner as Lessee and Not Trespasser Bars Corporation from Issuing Notice Under Different Act

The petitioner, M/s. Iqbal & Brothers, a partnership firm, challenged a notice dated 2nd December 1997 issued by the Pune Municipal Corporation under ...

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Bombay High Court Quashes Revisional Order Granting FL-III Licence in Residential Colony — Revisional Authority Failed to Consider Police Reports and Residents' Objections Under Bombay Prohibition Act, 1949.

The petitioners, residents of Vidarbha Housing Board Colony, Raghuji Nagar, Nagpur, challenged the order dated 30.10.2010 passed by the State Governme...

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Bombay High Court Allows Minority Institution's Petition Against Grievance Committee's Directions in Shikshan Sevak Appointment Approval Dispute. Education Officer's Rejection of Approval Upheld as Grievance Committee Exceeded Jurisdiction by Issuing Directions to Approve Appointments.

The petitioners, Momin Education Society and Islahul Amal Primary School, are a minority institution and its school, respectively. They filed a writ p...

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Bombay High Court Allows Furlough for Life Convict Despite No Relative, Interpreting 'Relative' Broadly Under Goa Prison Rules. The court directed reconsideration of furlough application treating a non-relative as 'relative' under Rule 316(3) of Goa Prison Rules, 2006.

The petitioner, Bhau Valve, a life convict under Section 8(2) of the Goa Childrens Act, 2003 for sexually assaulting his daughter, had served nearly 1...

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Bombay High Court Dismisses Appeals Against Arbitral Awards in Service Tax Reimbursement Dispute. Court Holds That Construction of Contractual Clause by Arbitrator Falls Within Arbitral Domain and Is Not Open to Challenge Under Section 34 of the Arbitration and Conciliation Act, 1996.

The case involves five appeals filed by Central Warehousing Corporation (the appellant) against a common judgment dated 18.02.2019 dismissing its arbi...

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Bombay High Court Holds Caste Certificate Must Be from Native Place Authority in Scheduled Tribe Claim Case. Full Bench Answers Reference Affirmatively, Overruling Niraj More's View on Jurisdictional Validity of Caste Certificates.

The case arose from a reference made by a Division Bench in Rajendra Thakur v. State of Maharashtra, which disagreed with the earlier Division Bench d...

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Bombay High Court Quashes State's 'Best Five' Policy for ICSE Students in Junior College Admissions. The Court held that the policy was arbitrary and discriminatory under Article 14 of the Constitution of India.

The petitioner, Adv Om Balkrishna Trivedi, filed a writ petition under Article 226 of the Constitution of India challenging the 'Best Five' policy int...

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Bombay High Court Dismisses Petitions Challenging Quashing of Select List for Fireman Grade-I Posts Due to Non-Compliance with Reservation Rules. Selection process vitiated by failure to follow roster points for OBC and SC candidates, violating Articles 14 and 16 of the Constitution.

The case involves two writ petitions challenging the order of the Central Administrative Tribunal (CAT) which quashed the select list for the posts of...

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Bombay High Court Quashes Conviction Under Section 174A IPC for Non-Appearance After Proclamation — Offence Not Applicable to Proceedings Prior to 2006 Amendment. Section 174A IPC is prospective and cannot apply to proclamations issued under Section 82 CrPC before its commencement on 23.6.2006.

The petitioner, Ishrat Hussain, was prosecuted in RCC No. 649/2008 for an offence under Section 174A of the Indian Penal Code (IPC). The allegation wa...