Bombay High Court

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Bombay High Court Allows Petition Challenging Reopening of Assessment Under Section 148 of Income Tax Act, 1961 for Assessment Year 1990-91. Reassessment Based on Change of Opinion Without Fresh Material is Invalid and Section 45(4) Does Not Apply to Distribution of Assets on Retirement of Partner....

The petitioner, a partnership firm, challenged a notice under Section 148 of the Income Tax Act, 1961 dated 21st July 2003 seeking to reopen the assessment for the assessment year 1990-91. The firm ha...

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Bombay High Court Directs Magistrate to Decide SARFAESI Section 14 Application in Light of Amended Section 17(4A) - Tenancy Claims to be Decided by DRT. Writ Petition Disposed with Direction to Consider Amendment w.e.f. 1.9.2016....

The petitioner, Vijaya Bank, filed a writ petition before the Bombay High Court challenging the inaction of the Chief Metropolitan Magistrate, Esplanade, Mumbai, in deciding Misc. Application No. CC N...

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Bombay High Court Dismisses Writ Petition as Alternative Remedy Under SARFAESI Act Available to Third Party. Third person aggrieved by measures under Sections 13(4) and 14 of SARFAESI Act can approach Debts Recovery Tribunal under Section 17....

The petitioner, Sunil Jaidev Sharma, filed a writ petition before the Bombay High Court challenging an order dated 27 September 2016 passed by the Chief Metropolitan Magistrate, Esplanade, Mumbai, in ...

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Bombay High Court Allows Writ Petition Challenging Industrial Court's Reversal of Labour Court's Part-I Judgment on Enquiry Fairness. Enquiry Officer Cannot Be Examined as Witness by Management to Prove Fairness of Domestic Enquiry....

The petitioner, Baba Pandit Ghodake, challenged his termination dated 13/12/2010 w.e.f. 15/12/2010 by the respondent society, Pargaon Sudrik Vividh Karyakari Seva Sahakari Society Ltd., by filing Comp...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu's Bail Application and Acquittal in Main Case Not Considered. Failure to Consider Pending Bail Application and Subsequent Acquittal in Substantive Offence Vitiated Subjective Satisfaction Under Section 3(1) of MPDA Act....

The petitioner, brother of the detenu Sanaullah Abdul Khan, challenged a preventive detention order dated 23.12.2015 passed by the Commissioner of Police, Brihan Mumbai under Section 3(1) of the Mahar...

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Bombay High Court Dismisses Suit as Barred by Res Judicata in Trademark Infringement Dispute. Prior Consent Terms and Withdrawal of Earlier Suit Operate as Res Judicata Under Section 11 CPC....

The plaintiffs, Rasiklal Manikchand Dhariwal and others, filed a suit alleging infringement of their registered trademark 'MANIKCHAND' and passing off by the defendants' use of the mark 'MALIKCHAND'. ...

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High Court Dismisses Zilla Parishad's Challenge to Industrial Court Order Granting CRTE Benefits to Daily Wagers. Kalelkar Settlement and Bhole Commission Recommendations Applied to Regularize Temporary Employees After Five Years of Service....

The judgment concerns two writ petitions filed by the Zilla Parishad, Aurangabad, and an individual employee, Gangadhar Kadam, against an order of the Industrial Court, Aurangabad, dated 01.07.2006. T...

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Bombay High Court Allows Cross-Examination of Prosecution Witnesses in Criminal Case Despite Rejected Adjournment Applications. Petitioner/accused granted opportunity to cross-examine prosecution witnesses based on principle in P. Sanjeeva Rao v. State of Andhra Pradesh....

The petitioner, Gangadhar s/o Kishanrao Metewad, filed a Criminal Writ Petition before the Bombay High Court, Aurangabad Bench, challenging an order passed by the learned Judicial Magistrate First Cla...