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High Court of Judicature at Bombay Aurangabad Bench Hears First Appeals Against Common Decree in Two Special Civil Suits; Dispute Involves Recovery for Liquor Supplies and Refund of Security Deposit, Raising Issues of Adjustment, Burden of Proof, and Competency to Sue

These three first appeals under Section 96 of the Code of Civil Procedure, 1908 arise from a common judgment dated 11-10-1999 by the 4th Joint Civil J...

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High Court of Bombay at Goa Quashes FIR Against BSNL Officers in SC/ST Act Case — No Intent to Humiliate or Insult Complainant. Adverse remarks made by superior officers in official capacity do not attract Section 3(1)(ix) of SC & ST (Prevention of Atrocities) Act, 1989 or Section 167 IPC.

The judgment concerns two criminal writ petitions filed by officers of Bharat Sanchar Nigam Limited (BSNL) seeking quashing of FIR No. 98/2017 registe...

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Supreme Court Allows Appeal in Cooperative Bank CEO Appointment Dispute — Upholds Apex Society's Power to Depute Cadre Officers. Section 54(3) of Chhattisgarh Co-Operative Societies Act, 1960 obligates District Central Cooperative Bank to accept CEO deputed by State Cooperative Bank from its cadre.

The dispute arose from the appointment of the Chief Executive Officer (CEO) of the first respondent, Zila Sahkari Kendriya Bank Maryadit, a District C...

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High Court of Bombay at Goa Quashes University Order Revising Pay Scale with Retrospective Effect Without Notice - Violation of Natural Justice in Service Matter. The court held that any order affecting the pay of an employee with retrospective effect must be preceded by a notice and opportunity of hearing.

The petitioner, Dr. Bugui Dessai, was appointed as a Reader in Inorganic Chemistry at Goa University in June 1987 and confirmed in service in June 198...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Bombay High Court Dismisses Plaintiff's Interim Injunction Application in Trademark Infringement Suit Over Descriptive Mark 'OCTRIDE'. Court holds that the mark is descriptive of the active ingredient Octreotide and lacks distinctiveness, and balance of convenience favors the defendant.

The plaintiff, Sun Pharma Laboratories Limited, filed a commercial IP suit seeking an interim injunction to restrain the defendant, United Biotech Pri...

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Bombay High Court Dismisses Employer's Petition Challenging Tribunal's Refusal to Approve Dismissal in Gold Smuggling Case. Tribunal's Finding of Unfair Enquiry and Perverse Findings Upheld Under Section 33(2)(b) of Industrial Disputes Act, 1947.

The petitioner, Air India Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated 22nd July 2004 passed ...

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High Court of Karnataka at Bangalore Hears Appeals by Telecom Companies Against Income Tax Department on TDS Liability. Multiple Appeals Filed Under Section 260-A of Income Tax Act, 1961 Challenging ITAT Orders for Assessment Years 2005-06 to 2008-09.

The High Court of Karnataka at Bangalore heard a batch of Income Tax Appeals filed by telecom companies under Section 260-A of the Income Tax Act, 196...