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Bombay high court

17 August 2015

MaggiThe apex consumer court on Monday served a notice on Nestle India over the government’s Rs.640-crore unfair trade practice class action suit related to Maggi noodles and fixed 30 September as the next date of hearing.

13 August 2015

The Bombay high court has ruled for Nestle India’s Maggi noodles today, quipping: “Even though it’s a 2-minute noodles, it took us a lot of time.”

11 August 2015

The Financial Express and others reported:

The Supreme Court on Monday stayed the Bombay high court’s judgment that upheld the levy of service tax on services provided by lawyers and law firms to business clients with turnover of Rs 10 lakh and more.

A bench headed by Chief Justice HL Dattu while issuing notice to the ministry of finance, the Director General of Service Tax, Central Board of Excise and Customs, and others stayed the HC judgment on the petition filed by the Bombay Bar Association challenging the levy of service tax on lawyers, which was imposed with effect from May 1, 2011, and was changed to reverse charge (obligation was shifted to business entities from July 1, 2012). The issue pertains to the 14-month period between May 1, 2011, and July 1, 2012.

Service tax has been a long-running dispute between lawyers and the tax man after the 2011 budget hit advocates with service tax.

Read the Bombay high court case summary and judgment here.

24 July 2015

Update 17:14:

In a breather for social activist Teesta Setalvad, the Bombay High Court on Friday extended her and her husband Javed Anand's interim bail by two weeks.

The high court order came barely hours after a special court rejected their anticipatory bail application, paving the way for their immediate arrest.Anticipating arrest for custodial interrogation sought by the Central Bureau of Investigation, Setalvad's lawyers moved the Bombay High Court.

Setalvad, Anand and an associate G.M. Peshimam have been charged with committing fraud and irregularities pertaining to foreign donations received by her NGO, Sabrang Communications & Publishing Pvt. Ltd. under the Foreign Contributions Regulation Act.

A CBI Special Court in Mumbai today rejected the anticipatory bail plea of social activist Teesta Setalvad and her husband Javed Anand, paving the way for her immediate arrest.

Soon after, her lawyers moved the Bombay high court for relief.

Setalvad, Anand and some others have been charged by the Central Bureau of Investigation with fraud and irregularities under the Foreign Contributions Regulation Act on foreign donations received by the activist’s Sabrang NGO

On July 8, the CBI had registered a case against them for accepting foreign donations from the Ford Foundation without seeking prior permission of the concerned authorities.

Last week, the CBI followed this up with raids at Setalvad’s residence and offices in Mumbai for allegedly diverting funds from the foreign donors to her organisation.

04 July 2015

The Bombay high court judgment has been uploaded on the Bombay high court website, ordering an expert committee with the power to take a decision that could revise the “merit list of candidates if necessary”, making “the whole merit list and all subsequent process, will be subject to outcome of the Expert Panel/Comittee’s decision”.

02 July 2015

Rajasthan Jaipur order: Reserve one other student's seat?The Rajasthan high court’s Jaipur bench on Tuesday (30 June) ordered the “last student” admitted to NLSIU Bangalore, or “Bangalore Law College” as the high court order put it, to be reserved subject to the result of the writ petition before it, as the Bombay high court CLAT challenge was postponed to 7 July.

01 July 2015

PTI reported that:

The Bombay high court on July 1 deferred till July 13 an appeal filed by Bollywood superstar Salman Khan against the five-year sentence awarded to him in the hit-and-run case, after the actor’s lawyer sought time to check documents.

Although the ‘paper book’ (compilation of evidence and documents) is ready and copies have been served to both the sides by the court), Mr Khan’s counsel Amit Desai urged for three weeks’ adjournment to check whether the documents were in order.

Desai said he needed to check if translation of documents into English was required and whether nay were missing.

Justice AR Joshi granted only two weeks of adjournment until 13 July, to which chief public prosecutor SS Shinde consented.

Click here for case history and more on Salman Khan.

30 June 2015

Politicians at the gates of RMLAs political protests were organised in Lucknow against the CLAT yesterday and the Rajasthan high court adjourned its hearing in the writ petition against the CLAT to today after the CLAT’s senior counsel did not appear, we take a look at where the litigation stands while the national law schools prepare to close the process in July.

30 June 2015

In a partial breather for Nestle, the Bombay high court on Tuesday allowed the company’s Indian branch to export all varieties of its popular two-minute Maggi noodles.

The domestic restrictions, however, would continue to apply. The matter will now come up for further hearing on July 14.

Shardul Amarchand Mangaldas Mumbai partner Ameya Gokhale acted for Nestle with with senior counsel Iqbal Chagla.

Maggi was banned by the Food Safety & Standards Authority of India (FSSAI) on June 5 after several samples were found having lead and MSG contents beyond permissible limits.

Nestle India had challenged the ban on grounds that it was ‘unauthorised, arbitrary, unconstitutional for violating right to equality and trade’, and violative of principles of natural justice since the company was not given a proper hearing.

26 June 2015

In the latest hearing on the CLAT 2015 case, the High Court of Bombay on 25 June asked the Common Law Admission Test (CLAT) convenor to seek clarification from its expert committee on the objections raised by the petitioner regarding 7 questions in the UG exam. The court has refused to grant any interim relief, and the next date for hearing is set for 30 June 2015.

23 June 2015

The Bombay high court has stayed publication of the final allotment list of the Common Law Admission Test (CLAT) 2015, in an order passed on Saturday (20 June), noting that the CLAT convenor has not complied with an earlier direction of another high court by publishing a new allocation list.

11 June 2015

Shardul Amarchand Mangaldas (SAM) partner Ameya Gokhale, who joined the firm only recently, is representing Nestle India on its judicial review of food safety watchdog FSSAI, which banned its Maggi instant noodles for allegedly containing too much lead and MSG