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Bombay High Court Allows Petition Challenging Promotion of Respondent No.5 in Municipal Corporation Case Due to Ultra Vires Action. Promotion of A.T. Shintre as Director under Section 54A of Mumbai Municipal Corporation Act, 1888 set aside for being illegal and arbitrary....

The petitioners, employees of the Municipal Corporation of Greater Mumbai (MCGM), filed a writ petition under Article 226 of the Constitution of India challenging the promotion of respondent No.5, A.T...

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Bombay High Court Dismisses Revenue's Appeal in MAT Credit Case — Credit for Brought Forward MAT Must Be Given Before Computing Interest Under Section 234B of Income Tax Act, 1961. The Court held that MAT credit reduces the tax payable on assessment and must be deducted from gross demand before charging interest under Section 234B....

The appeal by the Revenue arose from an order of the Income Tax Appellate Tribunal dated 20 June 2007, concerning assessment year 2000-2001. The assessee, Apar Industries Limited, had paid total tax o...

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Bombay High Court Quashes Compromise Order in Municipal Council Service Dispute — President Exceeded Powers Under Maharashtra Municipalities Act. President's Compromise Without Council Resolution and Without Following Statutory Rules Is Invalid and Not Binding on the Council....

The petitioner, Municipal Council Karmala, challenged an order dated 27.3.1997 passed by the Industrial Court, Solapur, which disposed of a complaint based on a joint compromise pursis (Exh. CU-6) ent...

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Bombay High Court Dismisses Writ Petition Challenging Termination of Probationary Teacher - Termination of Probationer Without Stigma Does Not Require Show Cause Notice or Enquiry Under MEPS Act....

The petitioner, Arvind Shamshabd Ojha, was a teacher employed by the Saraswati Education Society and its school. He was on probation when his services were terminated by an order dated 16.12.2009, sta...

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Bombay High Court Dismisses Petitions Challenging No-Confidence Motion Against Sarpanch. Notice Signed by Majority of Total Members of Grampanchayat is Valid Under Section 55(2) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961....

The case involves two writ petitions filed by Shivkant Bangar and Gavlan Tekale challenging the no-confidence motion passed against the Sarpanch of Grampanchayat Ratnapur. The Grampanchayat had 15 mem...

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Bombay High Court Dismisses Second Appeals by Purchaser and Co-Parcener in Joint Family Property Partition Suit. Sale of Joint Family Land by Father as Karta to Cooperative Society Found Not for Legal Necessity, Not Binding on Son's Share Under Hindu Law....

The litigation pertained to a suit for partition of joint Hindu family property. The plaintiff, Udhav Rasne, a coparcener, challenged the alienation of ancestral agricultural land by his father Murlid...

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Bombay High Court Dismisses Appeal for Enhanced Compensation in Land Acquisition Case — Upholds Reference Court's Valuation of Agricultural Land. Court holds that land and trees cannot be valued separately for agricultural land, and grants interest under Section 28 of Land Acquisition Act, 1894....

The case involves a First Appeal filed by the appellants, who were landowners, against the judgment and order of the Reference Court dated 31 July 2003, which determined compensation for land acquired...

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Bombay High Court Dismisses Convict's Parole Petition for Ailing Mother — Repeated Parole on Same Ground Not Entitled Under Goa Prison Rules, 2006. Rule 324 of Goa Prison Rules, 2006 does not contemplate annual parole for same illness; rejection upheld as mother was being looked after by sister....

The petitioner, Shri Dinesh Arolkar, a convict undergoing a sentence of 10 years rigorous imprisonment plus a fine of Rs. 1 lakh (default sentence 4 years) under Section 20(b)(ii)(C) of the NDPS Act, ...

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Bombay High Court at Goa Acquits Appellants in Infanticide Case Due to Lack of Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove murder beyond reasonable doubt....

The appellants, Shantaram Raikar/Gaonkar and Shashikala Raikar/Gaonkar, were convicted by the Children's Court, Panaji, for the murder of their newborn daughter under Section 302 read with Section 34 ...