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Bombay High Court Dismisses Petitions Challenging Government's Refusal to Grant No-Objection Certificate for Starting New Colleges. Government Policy Requiring Prior Approval from University Grants Commission and State Government for Establishment of New Colleges Upheld.

The judgment pertains to two writ petitions filed by educational societies seeking a writ of mandamus to direct the State of Maharashtra and other res...

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Bombay High Court Allows Workman to Be Represented by Trade Union Office Bearer in Domestic Inquiry — Vice-President of Union Held Entitled to Represent Member Under Section 22(2)(c) of MRTU & PULP Act, 1971. Statutory Right Cannot Be Restricted by Union Constitution.

The petitioner, Dastgir Alam Mulla, a plant-operator employed by Mysore Petrochemicals Limited since 1992, was suspended on 29-11-2004 and a chargeshe...

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High Court of Karnataka Dismisses Revenue Appeal in Central Excise Case — Limitation Bar and Exemption Eligibility Upheld. CESTAT's finding of bona fide belief based on Commissionerate clarification and acceptance of CSIO/ADA certificate for exemption under Notification No.10/97-CE sustained.

The appeal was filed by the Commissioner of Central Excise, Bengaluru-V Commissionerate, against the order dated 08.01.2015 passed by the Customs, Exc...

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Supreme Court Upholds Corporation in Dismissal Case, Denying Reinstatement Despite Procedural Lapse. Employee Held Entitled Only to Damages as Contract of Personal Service Cannot Be Specifically Enforced; Breach of Regulation Did Not Violate Mandatory Statutory Obligation.

The case involved a dispute between an employee and his employer, a statutory corporation, regarding the employee's dismissal from service. The employ...

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Bombay High Court Considers Chamber Summons by Judgment Debtor Challenging Execution of Foreign Award. Defendant Contends Hong Kong Labour Tribunal Award Not Executable as Hong Kong Not Reciprocating Territory and Tribunal Not Superior Court Under Section 44A of CPC.

The matter arose from an execution application filed by Kevin George Vaz seeking to enforce an award dated 6th August 2004 passed by the Labour Tribun...

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Bombay High Court Quashes CBFC Cuts Imposed on Film on Drug Addiction; Holds Pre-Censorship Must Conform to Article 19(2) Reasonable Restrictions. State's Decision to Delete References to Punjab and Mutilate Content Violates Freedom of Speech Under Article 19(1)(a) of the Constitution.

The first petitioner, a film production company, sought a writ of certiorari to quash the decision of the Central Board of Film Certification (CBFC) w...

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Bombay High Court Quashes Interception Orders of Petitioner in Indian Telegraph Act Case Due to Absence of Public Emergency or Interest of Public Safety. The Court Held That Telephone Interception Without Proper Statutory Compliance Violates Right to Privacy and Intercepted Material Must Be Destroyed.

The petitioner, a businessman, challenged three orders dated 29 October 2009, 18 December 2009, and 24 February 2010, by which his telephone calls wer...

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Supreme Court Allows State Appeals in Land Acquisition Case — Doctrine of Legitimate Expectation Cannot Override Statutory Acquisition Process. Industrial Development Constitutes Valid Public Purpose Under Land Acquisition Act, 1894.

The appeals arise from a common judgment of the Uttarakhand High Court dated 02.11.2018, which dismissed the appeals filed by the appellants (the Stat...