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Bombay High Court Upholds Tribunal Order for Promotion of Medical Officer in Service Law Dispute — Supersession Based on Adverse Remarks Set Aside Without Opportunity to Challenge. The court held that adverse remarks in an Annual Confidential Report cannot be used to deny promotion without communicating them to the employee and affording an opportunity to challenge....

The State of Maharashtra, through its Public Health Department, filed a writ petition under Articles 226 and 227 of the Constitution challenging the order dated 15/4/2010 passed by the Maharashtra Adm...

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Bombay High Court Dismisses Challenge to Premature Retirement of Deputy Director of Health Services. The court upheld the constitutional validity of the Administrative Tribunals Act, 1985 and found the premature retirement order valid based on adverse entries and public interest....

The petitioner, Dr. Mrs. Pratibha Gulhane, a retired Deputy Director of Health Services, filed a writ petition under Articles 226 and 227 of the Constitution challenging the constitutional validity of...

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Bombay High Court Upholds Environmental Protection in Public Interest Litigation Regarding Construction on Agricultural Land. Court Directs Demolition of Unauthorized Structures and Restoration of Land to Original Condition Under Maharashtra Agricultural Universities Act, 1983 and Environmental Laws....

The Bombay High Court, Nagpur Bench, disposed of a Public Interest Litigation (PIL No. 34/2010) initiated suo motu by the court and a connected Writ Petition (No. 125/2011) filed by Dr. Panjabrao Desh...

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Bombay High Court Allows Department's Appeal in Part, Upholds Revenue Treatment of Transformer Repairs. Expenditure on repairs of damaged transformer held to be current repairs under Section 31 of Income Tax Act, 1961, not capital expenditure....

The case involves three Income Tax Appeals filed by the Commissioner of Income Tax-I, Nagpur, under Section 260A of the Income Tax Act, 1961, against the same assessee, M/s. Sunflag Iron & Steel Co. L...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse....

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the District Judge, Satara, which confirmed the trial court's decree in favor of the ...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Case Regarding Transaction Charges. Transaction charges paid to stock exchanges are not fees for technical services under Section 194J of the Income Tax Act, 1961, as stock exchanges perform regulatory and administrative functions....

The case involves an appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) regarding the assessment year 2005-06. The respondent-assessee, Kotak Securi...

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Bombay High Court Upholds Injunction Against Developer in Property Dispute Over Unregistered Agreement. Court Restrains Construction on Suit Properties Pending Suit, Holding That Unregistered Agreement of Sale Cannot Confer Title or Right to Develop....

The appellant, Lodha Estate Private Limited, challenged an order of injunction passed by the trial court in Special Civil Suit No. 186/2011. The respondents, original plaintiffs, had filed the suit se...

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Bombay High Court Dismisses Landlord's Writ Petition Challenging Small Causes Court's Jurisdiction in Rent Control Exemption Case. Section 41 of Presidency Small Cause Courts Act, 1882 Confers Jurisdiction Over Landlord-Tenant Suits Irrespective of Applicability of Maharashtra Rent Control Act, 1999....

The Petitioner, Depe Global Shipping Agencies Pvt. Ltd., is the landlord, and the Respondent, MPIL Corporation Ltd., is the tenant in respect of suit premises in Mumbai. The landlord filed TE & R Suit...

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Bombay High Court Dismisses Petition Challenging Transfer of Police Officer — Transfer Held Not Punitive and Based on Administrative Reasons. The court upheld the transfer order under the Maharashtra Government Servants Regulation of Transfers and Prevention of Delays in Discharge of Official Duties Act, 2005, finding no mala fides or arbitrariness....

The petitioner, Harish Maganlal Baijal, was a Deputy Commissioner of Police (Traffic), Mumbai, and was transferred on 1/6/2009 as Superintendent of Police, Anti Corruption Bureau (ACB), Nashik. On 26/...

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Bombay High Court Allows Petition of Credit Society Challenging Collector's Order Imposing Stamp Duty on Transfer Under Section 100 of Maharashtra Cooperative Societies Act. Transfer Under Section 100 Is Not a Sale or Conveyance, Hence Article 25 of Bombay Stamps Act Not Attracted....

The petitioner, Chhatrapati Sambhaji Maharaj Sahakari Patsanstha Maryadit, a credit society registered under the Maharashtra Cooperative Societies Act, 1960, obtained a Recovery Certificate under Sect...