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Bombay High Court Quashes Reopening of Assessment in Income Tax Case — No Failure to Disclose Material Facts. Reassessment Notice Under Section 148 of Income Tax Act, 1961 Held Invalid as Original Assessment Was Based on Full Disclosure and Scrutiny....

The petitioner, Multiscreen Media Private Limited, is engaged in the business of providing audiovisual television content, films, events, and related activities. It receives subscription income from d...

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Bombay High Court Allows Petitioner in Income Tax Reopening Case — Notice Under Section 148 Quashed as Beyond Four Years Without Failure to Disclose. Reopening of Assessment Based on Change of Opinion Held Invalid Under Section 147 of Income Tax Act, 1961....

The petitioner, Multiscreen Media Private Limited, a company engaged in providing audiovisual television software, films, events, and related activities, derived income from subscription, advertisemen...

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Bombay High Court Quashes Reassessment Notice in Income Tax Case Due to Lack of Fresh Material Beyond Four Years. Reopening of Assessment Under Section 148 of Income Tax Act, 1961 Held Invalid as There Was No Failure to Disclose Material Facts and No New Tangible Material....

The petitioner, Multiscreen Media Private Limited, a company engaged in providing audiovisual television software and related activities, filed returns for assessment years 2002-03 and 2003-04. The re...

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Bombay High Court Dismisses Petition by Cooperative Housing Society Challenging Refund of Transfer Fees Paid Under Coercion. Payment of 3% of consideration as transfer fees disguised as repair fund contribution held illegal and recoverable with interest under Section 22 of Maharashtra Cooperative Societies Act, 1960....

The petitioner, Bharatiya Bhavan Cooperative Housing Society Limited, challenged the orders of the First Cooperative Court and the Maharashtra State Cooperative Appellate Court directing refund of an ...

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Bombay High Court Dismisses PIL Challenging Appointments to Deputy Commissioner of Labour Posts as Academic Due to Retirement of All Parties. Notification dated 06.05.1992 for appointments under Articles 14, 16, 309, 320 of Constitution of India held not to be examined on merits as no live controversy remains....

The petitioner, Mrs. M.G. Khandagale, filed a Public Interest Litigation under Articles 14, 15, 16, 309, 320 and 226 of the Constitution of India challenging the appointments to the posts of Deputy Co...

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Bombay High Court Dismisses Writ Petition Challenging Family Court Order Restraining Ex-Wife from Using Husband's Surname After Divorce. Substance Over Form Principle Applied Under Section 7 of Family Courts Act, 1984 to Allow Husband's Interim Application in Wife's Maintenance Petition....

The case involves a writ petition filed by Neelam Dadasaheb Shewale (the petitioner/ex-wife) challenging three interim orders passed by the Family Court in MJ Petition No. A1633/97, which was a petiti...

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Bombay High Court Allows Teacher's Petition in Retrenchment Case Under M.E.P.S. Act — Management's Termination Without Prior Approval Held Illegal. Termination of Assistant Teacher by School Management Without Prior Approval of Education Officer Under Section 5 of M.E.P.S. Act is Void and Petitioner Entitled to Reinstatement with Back Wages....

The petitioner, an Assistant Teacher, was initially appointed on 15/6/1990 at Shivdas Vidyalaya and worked there until 3/11/1977 when he was found surplus. His services were shifted to Subhash Vidyala...

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High Court of Bombay at Aurangabad Considers Writ Petition Against Interim Injunction Restraining Bank Guarantee Encashment; Contract Formation and Arbitration Clause Among Issues. The Court Examines Whether a Concluded Contract Existed and Whether Civil Court Jurisdiction Is Barred by an Arbitration Clause, but the Provided Judgment Excerpt Is Incomplete....

This writ petition arose from a dispute over the encashment of a bank guarantee submitted as bid security in a tender process. The petitioner, a corporation, invited tenders for supply of MDPE pipes w...

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Bombay High Court Allows Revisions in Cheque Dishonour Cases Against Director — Process Issued by Magistrate Restored. Requirement of Specific Averment in Complaint Under Section 138 of Negotiable Instruments Act, 1881 for Director's Liability Not Mandatory at Stage of Issuance of Process....

The case involves two criminal revisions filed by Shyamrao Borghare and Mahadeo Jibhkate against the order of the Additional Sessions Judge-8, Nagpur, who set aside the process issued by the Magistrat...

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Bombay High Court Allows State's Revision Against Discharge of Accused in SIMI Conspiracy and Bomb Blast Case — Prima Facie Case Made Out for Framing of Charges. The court held that the trial court erred in discharging accused under Section 227 CrPC as there was sufficient material showing conspiracy to wage war against India and preparation of bombs....

The State of Maharashtra filed a criminal revision application against the common order dated 5.12.2006 passed by the 2nd Ad-hoc Additional Sessions Judge, Nagpur, discharging accused Nos.3,5,6,8,9,10...