Bombay High Court

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Bombay High Court Dismisses Writ Petition Challenging Restoration of Possession to Judgment-Debtor — Decree Holder Cannot Take Possession Without Execution Proceedings. The appellate court's inherent power under Section 151 CPC to restore possession was upheld as the decree holder's self-help dispossession was illegal....

The petitioner, Amol Subashrao Deshpande, was the original plaintiff who filed a suit for declaration, removal of encroachment, possession, and injunction against the respondent, Suresh Indal Chavan, ...

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High Court of Bombay at Goa Examines Appeal Against BFAR Ruling on DDT Rate Under India-UK DTAA. Appellant Seeks Restriction of Dividend Distribution Tax to 10% Tax Treaty Rate on Dividends Paid to UK Parent Company....

The appellant, M/s. Colorcon Asia Pvt. Ltd., an Indian company and wholly owned subsidiary of Colorcon Limited, United Kingdom, filed an appeal under Section 245W of the Income Tax Act, 1961 before th...

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Bombay High Court Allows Writ Petitions Challenging Arbitral Award in Share Dispute — Award Set Aside for Patent Illegality and Violation of Natural Justice. Court held that the Arbitral Tribunal failed to consider crucial evidence and misapplied the law regarding limitation and the scope of arbitration agreement....

The judgment arises from three connected writ petitions filed under Article 226 of the Constitution of India challenging an arbitral award passed by a sole arbitrator. The petitioners, Naines Sanghvi,...

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Bombay High Court Dismisses Petition by Municipal Corporation Challenging Industrial Court Order on Unfair Labour Practice. Withdrawal of incentive bonus without lawful revision held to be unfair labour practice under Item 9 of Schedule IV of MRTU & PULP Act, 1971....

The Petitioner, Municipal Corporation of Greater Mumbai through its General Manager of BEST, challenged the judgment and order dated 14 February 2008 of the Industrial Court, Mumbai, in Complaint (ULP...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Block Assessment Case Due to Consistency Principle. ITAT's order upheld as Revenue failed to challenge similar deletions in related assessees' cases....

The case involves an appeal filed by the Revenue under Section 260A of the Income Tax Act, 1961, challenging an order of the Income Tax Appellate Tribunal (ITAT) dated 19th March 2020. The ITAT had di...

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Bombay High Court Allows Quashing of Attempt to Murder Case Based on Compromise Between Related Parties in Boundary Dispute. The Court held that the High Court can quash proceedings for non-compoundable offences if the dispute is private and the settlement is genuine, distinguishing State of M.P. v. Kalyan Singh....

The petitioners, Anil Bhimrao Sapate and others, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, se...

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Bombay High Court Allows Writ Petition Challenging Rejection of Approval for Shikshan Sevak Appointment. Education Officer's order set aside for non-application of mind and failure to consider that the post was vacant and the petitioner was duly qualified....

The petitioner, Mahadev Jagannath Bhosale, was appointed as a Shikshan Sevak on a vacant post by the management of Seva Ashram Vidyalaya. After completing three years of service, he became an Assistan...

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Bombay High Court Allows Writ Petition Challenging Denial of Approval for Peon Appointment. Education Officer's order set aside as appointment was made after following due procedure and no surplus candidate was available....

The petitioner, Satywan Laxman Kale, filed a writ petition before the Bombay High Court challenging an order dated 21st August 2018 passed by the Education Officer (Secondary), Zilla Parishad, Sindhud...

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Bombay High Court Dismisses Petitions Challenging CAT Order Quashing Seniority List. Seniority of Direct Recruit Inspectors Cannot Be Antedated Over Promotees Without Following DoPT OM and Recruitment Rules....

The case involves a challenge to the seniority list dated 07.12.2021 and paragraph 7(iii) of DoPT OM dated 13.08.2021 by promotee Inspectors (Examiner) in the Customs Department. The applicants, Ashwa...