Bombay High Court

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Bombay High Court Allows Petition of Police Constable for Police Sub-Inspector Post in Sports Category — Failure to File Sports Verification Certificate Along with Application Not Fatal When Certificate Already on Record with Employer. Substantial Compliance with Directory Requirement Sufficient Under Recruitment Rules....

The petitioner, Mrs. Shaila Tanaji Patil, was serving as a Police Constable in the Maharashtra Police, having been selected from the Open Sports Category based on a Sports Certificate and a verificati...

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Bombay High Court Allows Writ Petition Challenging Cancellation of Auction Allotment by CIDCO. Held that cancellation without prior notice and opportunity of hearing violates principles of natural justice and that the highest bidder acquires a vested right upon acceptance of bid....

The petitioner, Raviprakash Chaturdeo Patel, participated in an auction scheme (Scheme No.MM/SCH-18A/2021-22) conducted by the City and Industrial Development Corporation of Maharashtra Limited (CIDCO...

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Bombay High Court Dismisses Revision Against Wakf Tribunal Order Upholding Plaintiff's Title Over Wakf Property. The court held that the Wakf Tribunal had jurisdiction to decide the suit and that the plaintiff's suit was not barred by limitation....

The case involves a dispute over Survey Gut No.66 of village Harsool, Aurangabad. The plaintiff, Pratapsingh s/o Nursing Kakarwal, filed a suit before the Maharashtra State Wakf Tribunal, Aurangabad, ...

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Bombay High Court Allows Appeal in Railway Accident Claim — Injured Passenger Entitled to Compensation for Amputation of Both Legs. Initial Burden of Proof Discharged by Affidavit; Ticket Loss Explained....

The appellant, Atul Tandekar, filed a claim before the Railway Claims Tribunal, Nagpur, seeking compensation for injuries sustained in a train accident on 15 July 2017. He alleged that while travellin...

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Bombay High Court Upholds Validity of GST Circulars on Input Tax Credit Reversal for Exempted Supplies. Circulars Clarifying Section 17(2) of CGST Act, 2017 Held Not Ultra Vires as They Merely Interpret Existing Provisions....

The petitioner, Fomento Resorts and Hotels Ltd., a company incorporated under the Indian Companies Act, 1956, challenged the validity of Circular No.3/3/2017-GST dated 05.07.2017 and Circular No.31/05...

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Bombay High Court Dismisses MSRTC Petitions Challenging Labour Court Awards on Cumulative Penalty. Regulation 7 of Discipline and Appeal Procedure Does Not Permit Cumulative Effect for Withholding Increments or Reduction of Pay....

The case involves three writ petitions filed by the Maharashtra State Road Transport Corporation (MSRTC) challenging awards of the Labour Court. The Labour Court had held that Regulation 7 of the Disc...

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High Court of Bombay Upholds Labour Court's Reinstatement Order in MSRTC Driver Dismissal Case — 30% Backwages Awarded for Disproportionate Penalty. The court held that the punishment of dismissal for a minor accident was disproportionate and that the Labour Court's discretion in awarding backwages was not perverse....

The Maharashtra State Road Transport Corporation (MSRTC) challenged an Award dated 26 March 2018 passed by the Labour Court, Kolhapur, in Reference (IDA) No. 65 of 2014. The Labour Court had partly an...

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Bombay High Court Allows Writ Petition Challenging Reassessment Notice Under Section 148 of Income Tax Act, 1961 — Notice Issued Beyond Time Limit and Without Proper Sanction. Reassessment Notice Quashed as the Assessing Officer Failed to Record Proper Reasons and Obtain Mandatory Approval Under Section 151 of the Act....

The petitioner, an individual, filed a return of income for Assessment Year 2018-19 on 28 August 2018 declaring total income of Rs.26,26,220/-. Subsequently, the petitioner received a notice dated 28 ...

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Bombay High Court Allows Writ Petition Challenging Reopening of Assessment Under Section 148 of Income Tax Act, 1961 — Notice Issued Beyond Six-Year Limit Without Proper Sanction Held Invalid. Reassessment Notice Quashed as Approval Under Section 151 Was Granted by Incompetent Authority and No Failure to Disclose Material Facts Was Established....

The petitioner, Ashok Chaganlal Thakkar, an individual, had invested in parcels of land at Ardhe and Aase in Taluka Karjat, District Raigad. During the previous year 2012-13, he sold those lands and f...

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Bombay High Court Allows NAFED's Chamber Summons for Return of Rs. 32 Crore Deposited in Suit, Dismisses Plaintiffs' Notice of Motion for Withdrawal. Court holds that NAFED is entitled to refund of deposit made under mistaken belief of liability, and plaintiffs cannot claim the amount as they have no decree or order in their favor....

The judgment arises out of three applications in Suit No. 121 of 2014 pending before the Bombay High Court. The plaintiffs, L.J. Tanna Enterprises Pvt. Ltd. and others, filed a suit against 63 Moons T...