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Supreme Court Dismisses Challenge to FCRA Provisions on Political Nature Declaration. Right to Receive Foreign Contribution Not a Fundamental Right Under Article 19; Guidelines in Rule 3 Not Vague or Arbitrary.

The appellant, Indian Social Action Forum (INSAF), a registered society involved in resisting globalization, combating communalism, and defending demo...

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Bombay High Court Upholds Termination of Driver in Sexual Assault Case — Departmental Enquiry Valid Despite Acquittal in Criminal Trial. Acquittal in criminal case does not automatically entitle reinstatement as standard of proof differs in departmental proceedings.

The petitioner, Ramesh Baburao Firode, was employed as a driver in the District Court at Shrirampur, Ahmednagar. On 28.11.2011, a complaint was lodged...

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Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

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Bombay High Court Allows Appeals in MCOC Act Case Due to Lack of Sufficient Material and Non-Application of Mind in Granting Approval and Sanction. Appellants Discharged Under Section 227 CrPC as Material on Record Did Not Warrant Framing of Charge Under MCOC Act.

The present appeals were filed by Sachin Bansilal Ghaiwal and Umesh Mohan Kirve, who were accused Nos. 3 and 9 respectively in a case registered under...

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Bombay High Court Partially Allows Challenge to Arbitral Award in Price Adjustment Dispute Under World Bank-Financed Contract. Court Upholds Majority Award's Interpretation of Price Adjustment Clause but Modifies Interest Rate from 18% to 12%.

The petitioner, M/s. Angerlehner Structurals & Civil Engineering Co., was awarded a contract by the Municipal Corporation of Greater Mumbai (MMC) for ...

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Bombay High Court Quashes Externment Order for Vagueness and Non-Application of Mind Under Section 56(1) Bombay Police Act, 1951. The court held that the externment order was invalid as the notice did not specify the nature of harmful activities and the authority failed to consider less drastic remedies.

The petitioner, Shahid Mohammedali Bepari, challenged an externment order dated 11.4.2011 passed by the Sub Divisional Magistrate, Miraj, under Sectio...

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Bombay High Court Allows Petitions Challenging MCOCA Application for Lack of Continuing Unlawful Activity. Court holds that isolated past offences without material showing ongoing criminal activity cannot attract provisions of Maharashtra Control of Organized Crime Act, 1999.

The petitioners, Appa @ Prakash Haribhau Londhe and Uttam Ramchandra Hole, filed separate criminal writ petitions challenging the applicability of the...

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Bombay High Court Allows Union of India's Petition Challenging Tribunal's Quashing of Departmental Enquiry Against Income Tax Commissioner. Administrative Tribunal Cannot Pre-judge Charges at Initial Stage.

The Union of India filed a writ petition challenging an order of the Central Administrative Tribunal, Bombay Bench, which quashed departmental proceed...