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Bombay High Court Allows Writ Petition Challenging Rejection of Application Under Section 197 of Income Tax Act for Lower Tax Deduction on Dividend Income. The court held that a Tax Residency Certificate (TRC) is sufficient evidence of residence for claiming treaty benefits under the India-Mauritius DTAA, and the Assessing Officer must consider the DTAA provisions....

The petitioner, Indostar Capital, a Mauritius-based company incorporated in October 2010, held a Category 1 Global Business Licence and a Tax Residency Certificate (TRC) from Mauritius. It was formed ...

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Bombay High Court Allows Writ Petition Seeking Demolition of Illegal Construction in Streamlet Under Maharashtra Municipal Councils Act, 1965. Court Directs Municipal Council to Act Independently of Tahsildar's Letter and Enforce Law Against Unauthorized Building....

The petitioner, Kalidas Bhagwantrao Wadekar, a resident of Chakan, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the statutory authority to demolish a bui...

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Bombay High Court Quashes MCGM Eviction Orders for Violation of Natural Justice. Orders directing vacation of premises without prior notice or hearing set aside; MCGM directed to give opportunity of hearing before eviction....

The petitioners, Renuka Dhanrajgir Batlivala, Riaz Batlivala, and Zahan Batlivala, filed two writ petitions challenging orders dated 1st February 2019 passed by the Municipal Corporation of Greater Mu...

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Bombay High Court Allows Petitions Against Demolition Without Notice Under Section 354 of MMC Act. Municipal Corporation Directed to Restore Possession and Follow Due Process Before Demolition of Alleged Unauthorised Structures....

The judgment concerns two writ petitions filed by Suman Devidas Somani and Ambika Kutty against the Municipal Corporation of Greater Mumbai and others. The petitioners were occupants of rooms in a bui...

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Bombay High Court Dismisses PIL Challenging Coastal Road Construction in Mumbai — Environmental Clearance Upheld. Court holds that the Mumbai Coastal Road Project (South) is a public utility and the Environmental Clearance granted by SEIAA is valid under CRZ Notification, 2011, and EIA Notification, 2006....

The petitioner, Zoru Darayus Bhathena, a resident of Mumbai, filed a Public Interest Litigation (PIL) challenging the Environmental Clearance (EC) granted by the State Level Environment Impact Assessm...

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Bombay High Court Upholds Enforcement of Deemed Membership Order Under Section 79(2) of Maharashtra Cooperative Societies Act, 1960 — Incorrect Citation of Section 80(2) Does Not Invalidate Order. The court held that the Registrar has power under Section 79(2) to enforce a deemed membership order, and the order was valid despite citing the wrong section....

The New India Cooperative Housing Society filed a writ petition challenging an order dated 29 June 2015 passed by the Sub-Registrar of Cooperative Societies, which directed an authorized officer to re...

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Bombay High Court Allows Withdrawal of Voluntary Retirement Notice After Intended Date — Employee Can Withdraw Notice Before Actual Relieving, Rule 48-A of CCS (Pension) Rules, 1972. Employee's withdrawal of voluntary retirement notice before intended date is valid; employer cannot treat employee as retired without acceptance before intended date....

The petitioner, Gajanan s/o Siddappa Maitri, was a Class-II (Group-B) Income Tax Officer at Ward-Osmanabad Camp at Latur, who had rendered 35 years of service. On 20.11.2017, he gave a notice for volu...

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High Court of Karnataka Allows Second Appeal in Property Suit — Reverses First Appellate Court's Decision and Restores Trial Court's Decree. Court Holds That the First Appellate Court Failed to Properly Reappreciate Evidence and Erred in Reversing the Well-Reasoned Judgment of the Trial Court....

The present regular second appeal was filed by the plaintiffs, Parvathamma and Lokesh H., challenging the judgment and decree dated 10.11.2004 passed by the Additional District and Sessions Judge, Chi...

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Bombay High Court Examines Applicability of Employees' Provident Funds Act to Pigmy Agents of Cooperative Banks. Writ Petitions Filed by Both Banks and Provident Fund Authorities Challenge Tribunal Orders on Coverage of Such Agents Under Section 18(3)(d) of Industrial Disputes Act, 1947....

A group of writ petitions came before the Bombay High Court, Nagpur Bench, filed by multiple cooperative banks and by the Assistant Provident Fund Commissioner, challenging orders of the Employees Pro...