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Bombay High Court Allows Cardholder's Petition, Quashes Minister's Order Restoring Fair Price Shop Licence in Misappropriation Case. Revisional Power Under Clause 24(2) of Maharashtra Scheduled Commodities (Regulation of Distribution) Order, 1975 Cannot Be Exercised Without Proper Justification....

The petitioner, Shivaji Tulshiram Thakre, a resident and cardholder under the public distribution system, filed a complaint against respondent No.4, Sukhdeo Amrut Kumbhar, the licensee of a fair price...

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Bombay High Court Stays Coercive Recovery Against Mutual Fund in Income Tax Dispute on Trust's Status. Trust Assessed as Association of Persons Cannot Prima Facie Bind Beneficiary Due to Legal Precedent and Hasty Recovery Action Foreclosed Remedies Under Section 177(3) of Income Tax Act, 1961....

The dispute arose from an assessment order for Assessment Year 2009-2010 passed against India Corporate Loan Securitisation Trust, 2008 Series 14, constituted by IL&FS Trust Company Ltd. for securitis...

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Bombay High Court Quashes Reopening of Assessment in Income Tax Case — Change of Opinion Not Permissible Beyond Four Years. Reassessment Notice Under Section 148 of Income Tax Act, 1961 Set Aside as No Failure to Disclose Material Facts Was Alleged....

The petitioner, Shriram Foundry Ltd., challenged a notice dated 10 February 2011 issued under Section 148 of the Income Tax Act, 1961, seeking to reopen the assessment for Assessment Year 2004-05. The...

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Bombay High Court Dismisses Petition Challenging Charity Commissioner's Order in Trust Dispute. Application under Section 41D of Bombay Public Trusts Act, 1950 for removal of trustees dismissed as not maintainable due to lack of compliance with statutory requirements....

The petitioner, Shri Mukund Waman Thatte, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and order dated 20th July 2005 passed by the Charity Commissione...

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High Court Dismisses Writ Petition Challenging SEBI's Rejection of Stock Exchange Recognition Application — Regulatory Compliance Issues Highlighted....

The dispute arose from the rejection of an application by MCX Stock Exchange Limited for recognition as a stock exchange by the Securities and Exchange Board of India (SEBI). The petitioner, incorpora...

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Bombay High Court Acquits Tax Superintendent in Corruption Case Due to Lack of Demand and Acceptance of Bribe. Conviction under Sections 7 and 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt....

The appellant, Vijaykumar Marotrao Daiwalkar, was a Tax Superintendent in the Municipal Council, Chandrapur. He was convicted by the Special Judge, Chandrapur in Special Case No. 3 of 1992 under Secti...

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Bombay High Court Allows Set-off of Pre-extradition Detention in USA Under Section 428 CrPC — Foreign Detention Counts as Period of Detention. The Court held that detention in a foreign country pursuant to an Indian warrant and extradition proceedings is a period of detention under Section 428 CrPC and must be set off against the sentence....

The petitioner, Allan John Waters, was arrested in New York on 2nd July 2003 pursuant to a red corner notice and warrant issued by an Indian court in connection with an offence under Section 377 IPC r...

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Bombay High Court Quashes Reopening of Assessment Under Section 148 of Income Tax Act, 1961 for Non-Resident Company — Lack of Reasonable Belief of Income Escaping Assessment. Reassessment Based on Mere Change of Opinion is Impermissible; Notice and Order Rejecting Objections Set Aside....

The petitioner, Indivest Pte Ltd, a company incorporated in Singapore and wholly owned by the Government of Singapore, filed a writ petition challenging a notice dated 16 March 2011 issued under Secti...

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Bombay High Court Dismisses Second Appeals by Obstructionists in Execution Proceedings — Purchasers During Pendency of Lis Not Bona Fide. Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882 Applies to Execution Proceedings, and Purchasers During Pendency Are Bound by Decree....

The case involves three second appeals arising from execution proceedings. The respondent decree holders (Respondent Nos.1-3) obtained a compromise decree in Regular Civil Suit No.1064 of 1995 against...

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Bombay High Court Quashes Reassessment Notice in Income Tax Case Due to Lack of Fresh Material and Change of Opinion. Reopening Beyond Four Years Invalid Without Allegation of Failure to Disclose Material Facts Under Section 147/148 of Income Tax Act, 1961....

The petitioner, an advocate by profession, challenged a notice dated 30 March 2011 issued under Section 148 of the Income Tax Act, 1961 seeking to reopen his assessment for Assessment Year 2004-05. Th...