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Bombay High Court Dismisses Revenue Appeal on Technical Know-how Fees and Duty Free Advance Licence Issues. Technical know-how fees paid under non-exclusive licence for limited period held revenue expenditure; Duty Free Advance Licence not real income under Section 28(iv) of Income Tax Act, 1961....

The appeal by the Revenue challenged the order of the Income Tax Appellate Tribunal regarding assessment year 1999-2000. The assessee, M/s Essel Propack Limited, had entered into a non-exclusive licen...

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Bombay High Court Dismisses Revenue Appeal on Deemed Dividend Issue Due to Lack of Book Entry and Benefit to Shareholder. Leave Encashment Issue Admitted as Substantial Question of Law Pending Supreme Court Decision on Validity of Section 43B(f)....

The appeal by the Commissioner of Income Tax under Section 260A of the Income Tax Act, 1961, challenged an order of the Income Tax Appellate Tribunal (ITAT) pertaining to assessment year 2003-2004. Th...

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Bombay High Court Dismisses Appeal Against Company Judge's Order Refusing to Set Aside Attachment of Property by Official Liquidator. Held that the Company Court has jurisdiction to decide questions relating to title and possession of property under Section 446 of the Companies Act, 1956, and the appellants failed to establish their title....

The appellants, Laxman Yeswant Prabhudesai, Uday Laxman Prabhudesai, and Gayatri Uday Prabhudesai, filed an appeal under Section 483 of the Companies Act, 1956 read with clause 15 of the Letters Paten...

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Bombay High Court Allows Employer's Termination of Employee Based on Conviction Despite Pending Appeal. Conviction Itself Is Sufficient Reasoning Under Rule 10(a) of Maharashtra State Electricity Board Employees Service Regulations, and Suspension of Sentence Does Not Invalidate Termination....

The petitioner, Maharashtra State Electricity Distribution Co. Ltd., challenged the orders of the courts below which directed the respondent, Pundalik Dattatray Sawadkar, to be continued in service de...

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Bombay High Court Allows Application to Issue Summons to Police Officer in Corruption Case — Demand of Gratification Constitutes Offence Under Section 7 of Prevention of Corruption Act, 1988. The court held that the Special Court has power to summon additional accused even before trial and that demand alone is an offence under Section 7....

The applicant, Ratan Dashrath Kiratkar, a police constable, was an accused in Special Case No.6/2005 pending before the Ad hoc Additional Sessions Judge, Akot, District Akola, for offences under the P...

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Bombay High Court Allows Secured Creditor's Writ Petition Against District Magistrate's Refusal to Assist Under Section 14 SARFAESI Act. District Magistrate Cannot Refuse Assistance on Grounds of Disputed Title or Pending Civil Suit....

The petitioner, SICOM Ltd., a financial corporation, had loaned Rs. 4 crores to M/s Sonaa Oil & Chemical Industries Ltd. Respondent No. 2 was a guarantor, and Respondent No. 3 had executed a mortgage ...

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Bombay High Court Dismisses State's Petition Against MRT Order in Forest Land Dispute — Failure to Implead Necessary Parties and Lack of Evidence of Government Ownership Leads to Dismissal....

The State of Maharashtra and the Deputy Conservator of Forests, Alibag, filed a writ petition under Article 226 of the Constitution of India challenging an order of the Maharashtra Revenue Tribunal (M...

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Bombay High Court Dismisses Motion to Strike Caveat in Probate Suit — Consent Terms in Related Suit Bar Challenge to Caveator's Interest. The Plaintiff's own consent terms in a related suit acknowledging the Defendant's claim to shares precluded the Plaintiff from seeking dismissal of the caveat filed by the Defendant in the probate proceedings....

The Plaintiff, Balan Alias Balendu Jayant Sawant, filed a Testamentary Petition (No.67 of 1998) seeking probate of the last Will and Testament dated 7.1.1998 of late Chandrabai Nair (the testator), wh...