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Supreme Court Upholds Withdrawal of Inter-Commissionerate Transfers for Inspectors Under Recruitment Rules 2016. Recruitment Rules Made Under Article 309 of the Constitution Prevail Over Executive Instructions, and ICTs Are Not Permissible as They Violate Separate Cadre Identity Under Rule 5.

The dispute arose from a batch of civil appeals filed by Inspectors of the Central Excise and Land Customs or Goods and Services Tax Administration, w...

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Supreme Court Allows Partition Suit by Granddaughter of Former Ruler — Private Properties of Nawab of Rampur to Be Distributed Under Muslim Personal Law, Not Primogeniture. Merger Agreement Guarantee of Succession to Gaddi Does Not Cover Private Properties Declared Under Article 4.

The case concerns the succession to properties declared as private properties by Nawab Raza Ali Khan, the former ruler of Rampur, under the Merger Agr...

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Bombay High Court Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...

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Bombay High Court Grants Injunction Against Continued Use of Trademarks After Licence Expiry — Passing Off Action Maintainable by Partnership Firm Against Company Promoted by Partners. Licence Expiry Terminates Right to Use Trademarks; Injunction Granted Without Appointment of Receiver.

The plaintiffs, M/s. American Dry Fruit Stores (a partnership firm) and its partners Kishor H. Thakkar and Dilip H. Thakkar, filed a suit against ADF ...

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Supreme Court Adjudicates Seniority Dispute Arising from Cadre Bifurcation and Re-amalgamation in Customs and Excise Department. Dispute Centers on Impact of Separate Data Processing Cadre on Ministerial Employee Seniority Under the 1979 Recruitment Rules.

The case involved a seniority dispute among employees of the Customs and Central Excise Department. The original ministerial cadre, governed by the Ce...

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Bombay High Court Allows Dental Graduate Challenge Against Registration Denial Under Maharashtra Public Universities Act, 2016. Graduates of Existing University Retain Registration Rights Despite Establishment of Specialized Health Sciences University for Electoral Representation.

The petitioner, a dental graduate (B.D.S. 2001) from the Government Dental College, Aurangabad, which was then affiliated to Dr. Babasaheb Ambedkar Ma...

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Bombay High Court Dismisses Challenge by SEBI Employees Association to Direct Recruitment and Deputation of Executive Directors; Holds that Section 9 of SEBI Act, 1992 Confers Unrestricted Power on Board to Appoint Officers of Its Choice, and Regulations Cannot Fetter This Power.

The dispute arose from a writ petition filed by the SEBI Employees Association along with individual Chief General Managers challenging the Securities...

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High Court of Bombay Hears Petition to Quash Criminal Proceedings Based on SEBI Consent Order. The Court Reviews the Effect of Consent Order under Sections 11 and 11B of the SEBI Act on Pending Trial for Offences under Indian Penal Code and Prevention of Corruption Act.

The petitioner, an accused in two criminal cases arising from alleged illegalities in the Initial Public Offerings (IPOs) of Yes Bank Limited and Infr...