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Sealed Cover Procedure in Promotions: Supreme Court Dismisses Appeal of Union of India against Income Tax Officer. The Supreme Court holds that a mere grant of prosecution sanction does not justify invoking the sealed cover procedure for promotion in the absence of a pending charge sheet....

The Supreme Court, in this case, addressed the issue of whether the mere grant of prosecution sanction is sufficient to withhold promotion under the sealed cover procedure when no charge sheet had bee...

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Supreme Court Upholds High Court's Decision to Allow Amendment in Partition Suit Amidst Challenge to Will. Amendment of pleadings allowed under Order VI Rule 17 CPC to determine the validity of Will; High Court’s judgment confirmed by the Supreme Court....

Acts and Sections Discussed Order VI Rule 17 CPC: Pertains to amendment of pleadings in a civil suit. Order XI Rule 14 CPC: Deals with production of documents. Order XVIII Rule 1 and 3 CPC: Relat...

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Maharashtra Money Lending Act, 2014: Quashing of FIR Based on Isolated Transaction. Bombay High Court quashes FIR as there was no continuous activity to constitute money lending business under the Maharashtra Money Lending Act, 2014....

The Bombay High Court, in this case, quashed an FIR filed under Section 39 of the Maharashtra Money Lending (Regulation) Act, 2014. The Court found that the FIR was based on an isolated transaction be...

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"Detention Order Quashed Due to Lack of Subjective Satisfaction and Procedural Lapses." "Failure to apply mind by detaining authority and delayed service of confirmation order leads to quashing of detention under MPDA Act."...

  Introduction & Hearing (Para 1-3):The petitioner challenged the detention order dated 14.03.2024 passed by the District Magistrate under the Maharashtra Prevention of Dangerous Activities ...

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High Court Examines Legality of Appointment of Maharashtra Real Estate Regulatory Authority Chairman. A Public Interest Litigation challenges the eligibility of Shri Manoj Saunik for the post of Chairman, citing alleged misconduct and non-fulfillment of statutory qualifications....

The petition filed by Pravin P. Wategaonkar questioning the appointment of Shri Manoj Saunik as the Chairperson of the Maharashtra Real Estate Regulatory Authority. The petitioner argues that Saunik's...

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Promotion Dispute in Private School: Seniority Challenge Quashed by Bombay High Court. Court Sets Aside Education Officer’s Decision; School Tribunal to Decide on Supersession Claim....

The Bombay High Court addressed a dispute over the promotion of the petitioner as Headmaster, which was challenged based on seniority by a fellow teacher. The Court ruled that the Education Officer ha...

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Bail Denied under Section 437(6) CrPC: Discretionary Power Exercised, Not a Default Right. Trial delay does not grant automatic bail under Section 437(6) of CrPC. Courts must exercise discretion based on facts and circumstances....

The applicant sought bail under Section 437(6) of the CrPC, claiming that the trial was not concluded within 60 days from the first date fixed for evidence. The defense argued that delay in trial enti...

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Court Upholds Widow's Membership in Co-operative Society Based on Family Arrangement "Family Arrangement Can Apply Beyond Hindu Undivided Families, Says Court"...

The petition challenges an order confirming the direction to admit the widow (Respondent No.3) of a deceased member of a Co-operative Housing Society as a member. The Court rejected the petitioner's i...

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Double Taxation Due to Inadvertent Mistake Rectified: Bombay High Court Allows Revision Under Section 264. Commissioner’s Rejection of Revision Applications Overruled; Powers Under Section 264 Applied to Correct Over-Assessment....

This case involves three petitions filed by the assessee challenging the rejection of its revision applications under Section 264 of the Income Tax Act, 1961. The dispute arose from the petitioner's c...

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Writ Petition Partially Allowed - Restoration of ULP Complaint after 19 Years. The Bombay High Court restores a long-pending unfair labour practice complaint while denying back wages and setting a time-bound trial schedule....

Acts Discussed: The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 Item 1, Schedule IV: Unfair labour practices regarding dismissal of employees ...