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Bombay High Court Declines to Answer Reference on Academic Issue When Underlying Writ Petition Disposed of. Full Bench holds that a larger bench cannot answer a reference for academic purposes when the cause is not live.

The Full Bench of the Bombay High Court at Nagpur was constituted to resolve a conflict of opinion between two Division Bench decisions: Saroj Iyer v....

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Bombay High Court Dismisses Customs Appeal Against Acquittal in Gold Smuggling Case — Prosecution Fails to Prove Seizure Beyond Reasonable Doubt. Recovery of Foreign Marked Gold Bars from Accused Not Established Due to Lack of Independent Panch Witnesses and Contradictions in Evidence.

The case pertains to an appeal filed by the Union of India through the Assistant Collector of Customs against an order of acquittal dated 4-10-2001 pa...

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High Court of Bombay at Goa Dismisses Appeal Against SARFAESI Proceedings — Tenant's Claim Not Established. The court held that the appellant failed to prove tenancy and that the remedy under Section 17 of the Securitisation Act is available to any person aggrieved, including tenants.

The appellant, Modinasab Indikar, filed a first appeal before the High Court of Bombay at Goa against the order of the District Magistrate, Salcete, d...

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Karnataka High Court Dismisses PIL Seeking Year-Round Operation of Procurement Centres for MSP. Court holds that procurement operations are policy decisions based on seasonal harvest cycles and cannot be directed by courts under Article 226.

The petitioner, Rait Sena Karnataka, filed a Public Interest Litigation under Articles 226 and 227 of the Constitution of India seeking a direction to...

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Bombay High Court Dismisses Petition Challenging Promotion Quota Between Degree and Diploma Holders. Classification based on educational qualifications for promotion from Junior Engineer to Assistant Engineer is reasonable and not violative of Articles 14 and 16.

The petitioners, K.K. Bhaskaran and Sarjeet Singh, were working as Junior Engineers in the Electrical Department of the Administration of Union Territ...

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Bombay High Court Allows Writ Petition of Surgeon Challenging Orders Restricting Kidney Transplants Under Transplantation of Human Organs Act, 1994. Orders Passed Without Hearing Petitioner Violate Principles of Natural Justice and Are Quashed.

The petitioner, Dr. Ajay Tejraj Oswal, a medical practitioner and surgeon, had been performing kidney transplantation surgeries since 1999 as a freela...

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Bombay High Court Quashes Information Commission Order for Violation of Natural Justice in RBI Disclosure Case. RBI Not Given Hearing Before Order to Disclose Confidential Information Under RTI Act.

The judgment concerns two writ petitions filed against an order of the Goa State Information Commission dated 14.06.2010. The first petition was filed...

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Bombay High Court Allows Production of Documents in Land Acquisition Reference for Fair Adjudication — Rejects Technical Objections to Late Filing. Documents Marked for Identification During Evidence Held Admissible Under Section 151 CPC to Advance Substantial Justice.

The petitioners, Mr. Avelino Rodrigues and Mrs. Carolina Ana Rodrigues, filed a writ petition challenging an order dated 21.10.2011 passed by the lear...