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Bombay High Court Dismisses Revenue's Appeal in Dress Designer's Section 80RR Deduction Case. Dress Designer Held to Be an 'Artist' Entitled to Deduction Under Section 80RR of Income Tax Act, 1961 for Design Fees from Foreign Sources....

The case involves appeals by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal allowing deduction under Section 80RR of the Income Tax Act, 1961 to the assessee, M/...

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Bombay High Court Dismisses Workman's Claim for Wages Under Section 33-C(2) of Industrial Disputes Act for Lack of Existing Right. Petitioner failed to prove employer-employee relationship or contractual entitlement to wages from respondent firm....

The petitioner, Shri Ramniklal Dave, filed a writ petition challenging the order of the Labour Court dismissing his application under Section 33-C(2) of the Industrial Disputes Act, 1947. The petition...

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Bombay High Court Allows Continuity of Service and Backwages to Workman in Reinstatement Case — Labour Court Erred in Denying Relief Due to Delay and Criminal Acquittal. Once reinstatement is ordered under Section 11A of the Industrial Disputes Act, 1947, continuity of service must follow; delay in approaching court does not justify denial of continuity....

The petitioner, Sonu Mahadeo Chavan, was employed as a driver with Pune Municipal Transport. On 16.8.1979, he was dismissed from service after being found guilty of misconduct in an internal enquiry f...

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Bombay High Court Quashes Reopening Notice in Income Tax Case Due to Lack of Failure to Disclose Material Facts. Reassessment Beyond Four Years Invalid Without Proof of Non-Disclosure Under Section 147 of Income Tax Act, 1961....

The petitioner, 3i Infotech Limited, challenged a notice dated 18 March 2009 issued by the Assistant Commissioner of Income Tax seeking to reopen the assessment for assessment year 2002-2003 under Sec...

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Bombay High Court Allows Election of President of Communidade Despite Prior Service as Substitute Attorney — Interpretation of Articles 40 and 50 of Code of Comunidades, 1961. The Court held that mere election as substitute attorney without actual service does not disqualify a candidate from being elected as President for the next triennium....

The petitioner, Damodar R. Naik, was an able component of the Communidade of Sancoale. He was elected as substitute attorney on 3/12/2006 for the triennium 2007-2009 and took oath on 3/03/2007, but ne...

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Bombay High Court Allows Writ Petition Against Illegal Seizure of Vehicles Without Due Process. Authorities directed to release dumpers/tippers seized without following procedure under Motor Vehicles Act, 1988....

The petitioners, a partnership firm engaged in construction business and its partners, owned two dumpers/tippers (registration Nos. MH-04-CP-0308 and MH-04-CU-3373) which were hypothecated to financia...

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Bombay High Court Quashes School Tribunal's Contempt Proceedings for Lack of Jurisdiction. Presiding Officer Not Empowered as Judicial Magistrate First Class Under Section 13 of M.E.P.S. Act, 1977....

The petitioners, Shri Shriprakash Chandmal Bora and Mr. Anil Mhatarba Viswhwasrao, challenged orders passed by the Presiding Officer of the School Tribunal under Section 13 of the Maharashtra Employee...

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Bombay High Court Dismisses Petitions Challenging Eviction Orders in Municipal Market License Dispute — Appeals Held Not Maintainable Under Section 105B of BMC Act, 1888. The court held that eviction orders not passed under Section 105B of the Bombay Municipal Corporation Act, 1888 are not appealable, and the City Civil Court correctly rejected the appeals....

The judgment concerns two writ petitions filed under Article 226 of the Constitution of India by licensees of dry fish stalls in Chhatrapati Shivaji Maharaj Market, Mumbai, challenging eviction orders...

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Bombay High Court Allows Petition and Quashes Detention Order Under COFEPOSA Act Due to Non-Application of Mind and Non-Supply of Vital Documents. Non-Consideration of Bail Order and Retraction of Statements Violates Right to Make Effective Representation Under Article 22(5) of Constitution....

The petitioner, wife of the detenu Ganesh Maharudra Desai, challenged the detention order dated 6/8/2009 passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling A...

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Bombay High Court Upholds Conviction of Accused No.2 in Robbery Case with Deadly Weapon. Use of Sword-Like Weapon During Robbery Attracts Minimum Sentence Under Section 397 IPC....

The case involves a criminal revision application filed by Ganesh @ Ganya Karunamurti, accused No.2, challenging his conviction and sentence by the trial court and appellate court. The accused was pro...