Bombay High Court

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Bombay High Court Allows Writ Petition Challenging Reopening of Assessment Under Section 148 of Income Tax Act, 1961 — Notice Quashed for Lack of Proper Application of Mind. The Assessing Officer must apply his own mind and not merely rely on Investigation Wing's report; failure to do so renders the reopening notice invalid....

The petitioner, an individual carrying on business, challenged a notice issued under Section 148 of the Income Tax Act, 1961 for reopening of assessment for the assessment year 2017-18. The Assessing ...

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Bombay High Court Acquits Appellants in Dowry Harassment and Abetment to Suicide Case Due to Inconsistent Evidence and Lack of Specific Allegations. General and Omnibus Allegations of Demand for Cot, TV and Money for Bore Well Found Insufficient to Prove Cruelty Under Section 498-A IPC and Abetment Under Section 306 IPC....

The case pertains to the death of Rukhminibai, who was married to accused Santosh. The prosecution alleged that after an initial period of 3-4 months of smooth marital life, the husband and in-laws be...

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Bombay High Court Dismisses Petition of Convict Seeking Premature Release Under Remission Policy — MCOC Act Convict Not Entitled to Benefit of 2006 Policy as Subsequent 2010 Policy Excludes Organized Crime Offenders....

The petitioner, Arun Gulab Gawli, a convict under the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act), filed a writ petition seeking premature release under the remission policy dated 10th...

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Bombay High Court Allows Writ Petition Challenging Cancellation of Police Sub-Inspector Appointments Due to Non-Communication of Adverse Material in Police Verification Reports. Failure to Provide Adverse Information to Candidates Before Cancellation Violates Principles of Natural Justice and Article 14 of the Constitution....

The petitioners, six individuals, were selected for the post of Police Sub-Inspector (PSI) by the Maharashtra Public Service Commission (MPSC) in 2018. After undergoing training at the Maharashtra Pol...

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Bombay High Court Dismisses Petitioner Association's Challenge to Bio-stimulant Regulation Under Fertilizer Control Order. Bio-stimulants Held to Be Fertilizers Under Essential Commodities Act, 1955, and Their Regulation Under Fertilizer (Inorganic, Organic or Mixed) (Control) Order, 1985 Is Valid....

The petitioner, M/s. Organic Agro Manufactures Association, an association of bio-stimulant manufacturers, filed a writ petition under Article 226 of the Constitution of India challenging the legality...

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Bombay High Court Allows Writ Petition of Police Constable Challenging Dismissal Order for Violation of Natural Justice. Non-Supply of Inquiry Report and Denial of Cross-Examination Vitiate Disciplinary Proceedings Under Maharashtra Police Rules....

The petitioner, Shivanand Hanmant Bobade, a Police Constable serving in Sangli, Maharashtra, was subjected to departmental proceedings and dismissed from service by an order dated 02/07/2021 passed by...

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Bombay High Court Quashes Customs Communication Restraining Property Transfer Without Authority of Law. Communication directing society not to permit transfer of flat without NOC from Customs held without legal sanction and violative of Article 300A of Constitution....

The petitioner, Smt. Supriya Chokhara, filed a writ petition under Article 226 of the Constitution of India before the High Court of Judicature at Bombay challenging a communication dated 25/30 July 2...

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Bombay High Court Dismisses Cross Writ Petitions Against Order Refusing to Reject Plaint in Commercial Suit — Dispute Over Nature of Agreements as Lease or Leave and Licence Requires Trial....

The judgment concerns two cross writ petitions arising from a commercial suit. The petitioner, Siyaram Packaging Pvt. Ltd., filed Commercial Suit No.40 of 2021 against National Flask Industries Ltd. s...