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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 Hears Appeal Against Dismissal of Notice of Motion in MOFA-MMRDA Dispute. Flat Purchasers Claimed MOFA Rights on Land Owned by MMRDA and Leased to Developer, Which Respondents Disputed as Excluded Under MMRDA Act.

This appeal before the Bombay High Court arose from the dismissal of a Notice of Motion by a learned Single Judge in a suit concerning a plot of land ...

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High Court of Karnataka Allows Writ Petition Against Dismissal of Obstruction Application in Execution Proceedings — Impugned Order Quashed. Court Held That Executing Court Must Consider Objections of Third Party Obstructor on Merits Under Order XXI Rules 97, 98, and 101 CPC.

The petitioner, Rajesh Enterprises, a partnership firm represented by its partner Naresh Godar Shah, filed a writ petition under Articles 226 and 227 ...

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Bombay High Court Dismisses Petitions Challenging Air India Disinvestment and Transfer of Employees. Transfer of undertaking under Section 25FF of the Industrial Disputes Act, 1947 does not require consent of workmen and continuity of service is protected.

The petitioners, three trade unions representing employees of Air India and its subsidiaries, filed writ petitions challenging the disinvestment of Ai...

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High Court of Judicature at Bombay Considers Challenge to Restoration of NOC Under Petroleum Act, 1934. Dispute Centers on Necessity of Valid Lease for Petroleum Storage After Expiry of Lease Term.

The petitioner, successor-in-interest to the original landlord of a property in Shrirampur, challenged the order of the Divisional Commissioner (Reven...

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Supreme Court Allows Appeals in Pre-emption Suit, Holding That Right of Pre-emption Is a Weak Right and Must Be Strictly Proved — Plaintiff Failed to Establish Superior Right Under Punjab Pre-emption Act, 1913.

The present appeals arise from a common judgment of the Punjab and Haryana High Court dated 17.08.2007, which allowed two second appeals (RSA No.1470/...