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High Court of Judicature at Bombay Examines Challenge to Assessment Order Restricting Sales Tax Incentives under Package Scheme of Incentives, 1993. Expansion Unit Seeks Quashing of Order Alleging It Is Without Jurisdiction and Contrary to Scheme Terms.

The petitioner, Mahindra & Mahindra Limited, a company engaged in the manufacture and sale of automobiles and spare parts, filed a writ petition befor...

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Supreme Court Dismisses State Appeal and Upholds Striking Down of State Government’s Power to Extend Section 144 Orders Beyond Two Months. Extension of Magisterial Orders by Executive Fiat Without Judicial Review Held Violative of Article 19(1)(b),(c),(d) and Not Saved by Reasonable Restrictions.

The dispute involved a constitutional challenge to the second part of section 144(6) of the Code of Criminal Procedure, 1898, which permitted the Stat...

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Karnataka High Court Dismisses Writ Appeal Against Transfer Order as Premature — Transfer Order Not Yet Implemented, No Cause of Action Arises. The court held that a challenge to a transfer order is not maintainable until the order is given effect to, as no cause of action arises before implementation.

The appellant, Alla Saheb, was working as Executive Engineer in the District Urban Development Cell, Vijayapura since 6.3.2014. On 18.8.2016, the Stat...

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Bombay High Court Dismisses Petitions Challenging Refusal of Recognition to Schools for Non-Compliance with Teacher Qualification Norms. Education Act and Rules Mandate Qualified Teachers for Recognition and Grant-in-Aid.

The petitioners, Sau. Laxmibai Shantaram Doke Samajvikas Prathisthan and its founder member Haridas Shantaram Doke, filed four writ petitions before t...

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Bombay High Court Decides on Validity of Preventive Detention Orders Under Maharashtra Dangerous Activities Act for Fixing One-Year Detention Period. Detention Orders Challenged as Contrary to Supreme Court Precedent Prohibiting Fixing Maximum Period Without Periodic Review.

The Bombay High Court heard three criminal writ petitions together as they involved a common question of law regarding preventive detention orders pas...

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Bombay High Court Dismisses Petition Challenging Corrigendum to Final Development Plan. Corrigendum Restoring Botanical Garden Reservation Upheld as Permissible Rectification of Error Without Fresh Notification Under MRTP Act.

The petitioner, Housilal Balchand Shah, owned land in survey no. 34 at Anand Valli, Nasik. In the draft development plan under the Maharashtra Regiona...

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Bombay High Court Allows Writ Petition of Personal Secretaries for Pay Refixation by Merging Special Pay into Basic Pay. The court held that special pay granted for higher responsibilities must be merged upon promotion to a higher post, quashing the state's order denying the benefit.

The petitioners, an association of Personal Assistants, Private Secretaries, and Senior Private Secretaries of the Bombay High Court, along with an in...