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Bombay High Court Quashes State Government's Cancellation of Slum Rehabilitation Project Approval — Violation of Natural Justice and Lack of Hearing. Government's order cancelling Letter of Intent and earlier approvals under Maharashtra Slum Areas Act set aside as petitioner was not given opportunity of hearing before cancellation....

The petitioner, Lashkaria Construction Pvt. Ltd. and its director, challenged an order dated 24 April 2012 passed by the State Government of Maharashtra. The impugned order cancelled a Circular dated ...

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Bombay High Court Dismisses Plaintiff's Suit for Damages Against Bank in Negligence and Breach of Contract Claim. Plaintiff Fails to Prove Alleged Fraud and Collusion by Bank Officials in Dishonour of Bills of Exchange and Stoppage of Cash Credit Account....

The Plaintiff, Dileep Nevatia, sole proprietor of M/s. Sundeep Industries, filed a suit against the State Bank of India (successor to State Bank of Indore) seeking damages of Rs.160.38 lakhs with inte...

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Bombay High Court Dismisses Suit for Declaration of Trust and Accounts Against Bank in Palm Oil Import Dispute. Consent Decree in Prior Suit Bars Plaintiff from Claiming Sale Proceeds as Trust Property....

The plaintiffs, Bajranglal Anilkumar Jaju and Hitesh Anilkumar Jaju, filed Suit No. 824 of 1980 against The Vyasya Bank Ltd. seeking a declaration that the bank holds sale proceeds of palm oil in trus...

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Bombay High Court Dismisses Assessee's Claim for Depreciation on Share Issue Expenses Capitalised to Plant and Machinery. Expenditure on Raising Share Capital Not Part of Actual Cost Under Section 32 of Income Tax Act, 1961, and Falls Under Section 35D as Preliminary Expenses....

The case involves an Income Tax Reference under Section 256(1) of the Income Tax Act, 1961, by the Income Tax Appellate Tribunal for the assessment years 1980-81 and 1981-82. The assessee, M/s. Intern...

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Bombay High Court Allows Writ Petition Challenging Sealing of Sonography Machine Under PCPNDT Act — Failure to Maintain Records Not Sufficient Ground for Sealing Without Evidence of Offence. The court held that sealing requires satisfaction that the machine would furnish evidence of an offence, not mere procedural lapses....

The petitioner, Janaki Ultra Sound Center, through its authorized handler Dr. Deelip Madhukarrao Patil, filed a writ petition challenging the order of the District Appropriate Authority, Jalna, which ...

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Bombay High Court Upholds Acquittal in Murder Case Due to Unreliable Witness Testimony and Lack of Motive. Conviction under Section 302 IPC read with Section 149 IPC set aside as prosecution failed to prove common object and individual overt acts beyond reasonable doubt....

The State of Maharashtra appealed against the acquittal of the respondents (original accused) by the 5th Additional Sessions Judge, Jalgaon, in Sessions Case Nos. 237/1992 and 153/1994, for offences u...

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Bombay High Court Dismisses Petitioner's Section 34 Petition as Time-Barred Under Section 34(3) of Arbitration and Conciliation Act, 1996 — Petitioner Failed to Prove Non-Service of Arbitral Award Sent by Registered Post....

The petitioner, Jasvinder Kaur, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 9th December 2010 that allowed the claims of the re...

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High Court of Karnataka Quashes Proceedings Against Financier in Motor Vehicle Tax Default Case — Financier Not Liable for Tax Default of Borrower Under Karnataka Motor Vehicles Taxation Act, 1957. Hypothecation Does Not Confer Possession or Control, Hence No Prima Facie Case Against Financier....

The petitioner, M/s. Shriram Investments Ltd. (now amalgamated with Shriram Transport Finance Co. Ltd.), was a financier for a commercial vehicle bearing registration No.KA.17/7744. The respondent No....

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Karnataka High Court Allows Refund of Service Tax Paid by Non-Resident Despite Revenue's Appeal — Unjust Enrichment Not Applicable. Service Tax Refund Ordered as Stay Application Dismissed and Tax Paid by Appellant Itself, Not Collected from Others....

The appellant, M/s Madura Coats Pvt. Ltd., a non-resident service provider, paid service tax under protest for the period 10.09.2004 to 31.12.2004. After a long drawn litigation, the Commissioner of C...

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High Court of Karnataka Quashes Proceedings Against Financier in Motor Vehicle Tax Default Case — Hypothecatee Not Liable for Tax Default Under Karnataka Motor Vehicles Taxation Act, 1957. Financier cannot be prosecuted for tax default by registered owner as hypothecation does not confer ownership....

The petitioner, M/s. Shriram Investments Ltd. (now amalgamated with Shriram Transport Finance Co. Ltd.), was a financier for a commercial vehicle bearing registration No.KA.17/7744. The respondent No....