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Bombay High Court Allows Petition of Market Committee Member Against Disqualification for Resigning as Gram Panchayat Member. Resignation from Gram Panchayat Does Not Disqualify Under Section 13(1)(a)(ii) of Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963....

The petitioner, Purshottam Tonpe, was elected as a member of Gram Panchayat, Mahakal. Subsequently, he contested and won election to the Agriculture Produce Market Committee, Wardha (respondent No.1) ...

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Bombay High Court Allows Revenue Appeal in Deemed Dividend Case Under Section 2(22)(e) of Income Tax Act, 1961. Tribunal's Order Set Aside for Non-Consideration of Provisions and Admission of Borrowing....

The case involves an appeal by the Revenue under Section 260-A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal, Panaji, dated 14.09.2012. The assessee, M/s. Britto ...

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Bombay High Court Dismisses BMC Appeal in Property Tax Rateable Value Dispute — Upholds Small Causes Court Order Setting Aside Enhancement for Non-Compliance with MMC Act Sections 162(2) and 167. Notice of Enhancement Not Properly Served and No Personal Hearing Given, Violating Principles of Natural Justice....

The case involves an appeal by the Brihanmumbai Mahanagarpalika (BMC) against a judgment of the Court of Small Causes at Mumbai in Municipal Appeal No. 311 of 2002, dated 26th October 2007. The respon...

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Bombay High Court Dismisses Application for Abatement and Condonation of Delay in Second Appeal — No Sufficient Cause Shown for 5-Year Delay in Filing Application After Dismissal of Appeal for Default....

The case involves a civil application filed by Smt. Radhabai Vithal Waikar (the applicant) seeking to quash an order dated 1st March 2006 passed by the Registrar (Judicial-I) allowing CAS/356/2006, an...

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Bombay High Court Allows Appointment of Arbitrator Despite Prior Suit Filed in Wrong Court — Filing of Suit in Court Without Jurisdiction Does Not Bar Subsequent Arbitration Petition Under Section 11(6) of Arbitration and Conciliation Act, 1996...

The petitioner, Candid Drug Distributors, filed a suit in the competent court in Guwahati against the respondent, Wanbury Limited. The respondent challenged the territorial jurisdiction of that court ...

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Bombay High Court Dismisses Appeal Against Recall of Order in Company Liquidation Matter — Leasehold Rights Not Transferred to Appellant Due to Lack of Evidence of Assignment. The court held that the appellant failed to establish any assignment of leasehold rights from the secured creditor, and the order dated 12 February 2013 was correctly recalled....

The appeal arises from a judgment and order of a learned Single Judge in a company application that was moved by the Appellant for recalling an earlier order dated 12 February 2013 of the Company cour...

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Bombay High Court Dismisses Appeal Against CESTAT Remand Order in Central Excise Refund Claim — No Substantial Question of Law Arises. Tribunal's Remand for Fresh Adjudication with All Issues Kept Open Does Not Give Rise to Appealable Question Under Section 35G of Central Excise Act, 1944....

The appellant, Oil & Natural Gas Corporation Ltd., filed a refund claim under Section 11B of the Central Excise Act, 1944. The Assistant Commissioner rejected the claim, and the Commissioner (Appeals)...

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Bombay High Court Allows Appeal by Public Trust in Ownership Dispute, Remands Suit for Decision on Merits. Prior Permission of Charity Commissioner Under Section 50 of Bombay Public Trust Act Not Required for Suit Seeking Declaration of Ownership and Injunction Against Third Party....

The appellants, Pir Daval Malik Baba Darga Trust and others, filed First Appeal No. 3180 of 2006 against the judgment and order dated 29/9/2006 passed by the District Judge-1, Raigad-Alibag in Regular...