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Bombay High Court Quashes CBEC Circular on Service Tax Refund for Exporters — Circular Held Ultra Vires Section 11B of Central Excise Act, 1944 and Section 93 of Finance Act, 1994....

The Bombay High Court, in a batch of writ petitions filed by various companies including Larsen & Toubro Limited, Uhde India Private Limited, Tata Teleservices (Maharashtra) Ltd., Tata Motors Limited,...

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Bombay High Court Quashes Reopening Notice Under Section 148 for Lack of Fresh Material — Audit Objection Cannot Form Reason to Believe Income Escaped Assessment. The court held that a notice to reopen assessment based solely on an audit objection, without independent application of mind by the Assessing Officer, is invalid as it amounts to a change of opinion....

The petitioner, NTUC Income Insurance Co-operative Ltd., a company incorporated in Singapore and registered with SEBI as a Foreign Institutional Investor, filed its return of income for Assessment Yea...

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High Court of Karnataka Quashes Labour Court Orders Dismissing Applications for Non-Prosecution — Remands for Fresh Adjudication Under Industrial Disputes Act. Labour Court Erred in Dismissing Applications Without Considering Merits and Without Proper Notice....

The petitioner, Somashekar Sangappa Jidagi, filed two writ petitions under Articles 226 and 227 of the Constitution of India challenging orders dated 14.7.2004 passed by the Labour Court, Hubli. In Wr...

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Bombay High Court Allows Condonation of Delay in Filing Appeal Due to Petitioner's Arrest and Detention. Held that sufficient cause for delay is established when the appellant was in custody and unable to file appeal within limitation period....

The petitioner, Pravin Borkute, filed a suit for preemption against his brother Dinkar Borkute and others, and sought a temporary injunction to restrain them from developing the suit property. The tri...

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Bombay High Court Commutes Death Sentence to Life Imprisonment in Double Murder Case — Conviction Under Sections 302 and 309 IPC Upheld but Death Penalty Not Warranted Due to Lack of Aggravating Circumstances...

The case arises from a tragic incident where the accused, Prakash Vinayakrao Shingnapure, murdered his wife Pranita and 13-year-old daughter Shreya in their home on the night of April 7-8, 2011. The f...

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Bombay High Court Quashes Revisional Authority's Order in Cooperative Society Dispute Due to Undue Delay in Pronouncement. Pronouncement of Judgment More Than One Year After Hearing Held Unreasonable and Vitiates Order Under Article 226, Following Supreme Court Guidelines in Anil Rai v. State of Bihar....

The writ petition under Article 226 of the Constitution of India was filed by the petitioners against the order dated 3-3-2009 passed by the Divisional Joint Registrar in Revision Applications Nos. 14...

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High Court of Bombay Quashes Minister's Order in Kerosene Licence Renewal Case Due to Discriminatory Treatment of Appellant. Order XX Rule 1 CPC Mandates Timely Pronouncement of Judgment by Quasi-Judicial Authorities; Two-Year Delay After Hearing Vitiates the Minister's Decision....

The dispute arose from the non-renewal of a retail kerosene licence held by the petitioner since 1987. Despite renewal until 1997 and continued distribution of kerosene quota until December 2004, the ...

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Bombay High Court Allows Petitioner's Challenge Against Minister's Revision Order in Fair Price Shop Licence Cancellation Case. Revisional Authority Cannot Enlarge Scope of Revision; District Supply Officer's Cancellation Order Restored....

The petitioner, Balbhim Sukhdeo Limbkar, filed a complaint against respondent No.4, Manisha Nagesh Shinde, who was running a fair price shop. The Tahsildar (Supply) conducted an enquiry and found seri...

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Bombay High Court Quashes Minister's Revision Order in Fair Price Shop Licence Cancellation Case — Minister Failed to Consider Evidence and Violated Principles of Natural Justice. The court restored the cancellation of licence for serious irregularities found during inspection under the Maharashtra Essential Commodities (Public Distribution System) Order, 2005....

The petitioner, Balbhim Sukhdeo Limbkar, filed a complaint against respondent No.4, Manisha Nagesh Shinde, who was running a fair price shop. The Tahsildar (Supply) conducted an enquiry from 16.7.2010...