Bombay High Court

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Bombay High Court Allows Petition in Income Tax Reassessment Case Due to Change of Opinion. Reassessment under Section 148 of the Income Tax Act, 1961 cannot be based on a mere change of opinion on the same facts already examined....

The petitioner, Knight Riders Sports Pvt. Ltd., which operates the Kolkata Knight Riders team in the Indian Premier League, challenged a notice dated 17th March 2023 under Section 148A(b) of the Incom...

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Bombay High Court Upholds Reinstatement of Workman in Municipal Corporation Service Despite Criminal Conviction — Full Back Wages Denied for Period of Incarceration. Labour Court's Award directing reinstatement with continuity of service but excluding back wages for the period of under-trial imprisonment is upheld as proportionate and not perverse....

The petitioner, Kalyan Dombivli Municipal Corporation, challenged an Award dated 11.03.2010 passed by the Labour Court, Thane, in Reference (IDA) No.76 of 2008. The Labour Court had directed the Corpo...

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Bombay High Court Allows Writ Petition Challenging Demolition Notice for Non-Compliance with DCR 2018 — Held that Construction Approved Prior to DCR 2018 is Not Subject to New FSI Restrictions. Vested rights of the petitioners were upheld as the building was substantially completed before the new regulations came into force....

The petitioners, Sai Chintan C.H.S.LTD. and MPR Builders and Developers LLP, filed a writ petition challenging a demolition notice dated 20.12.2022 issued by the Municipal Corporation of Greater Mumba...

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Bombay High Court Allows Retired Income Tax Commissioner's Petition for Full Pension and Retiral Benefits. Rule of 50% Deduction for Less Than 10 Years Qualifying Service Under Rule 49(2)(b) of CCS (Pension) Rules, 1972 Not Applicable to Petitioner Who Served Over 30 Years....

The petitioner, B.B. Rajendra Prasad, a retired Commissioner of Income Tax, filed a writ petition challenging the judgment of the Central Administrative Tribunal dated 5 August 2022, which dismissed h...

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Bombay High Court Dismisses Writ Petitions Challenging Denial of Approval for Appointment as Principal in Minority Educational Institution. Appointment made without following statutory selection procedure under Maharashtra Universities Act, 1994 and University Ordinances, and without prior approval of the Joint Director of Higher Education, held invalid....

The case involves two writ petitions filed by Sharanappa Chandramappa Hegde challenging the denial of approval for his appointment as Principal of Vidyan Mahavidyalaya Sangola, a minority educational ...

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Bombay High Court Allows Conditional Leave to Defend in Commercial Summary Suit for Recovery of Money — Defendant Directed to Furnish Bank Guarantee for 75% of Claim. Court holds that where defence is not bona fide, leave to defend may be granted on condition of furnishing security under Order XXXVII Rule 3 CPC....

The plaintiffs, Agarwal Associates & Agencies and Smt. Manju Agarwal, filed a Commercial Summary Suit No. 15 of 2022 before the Bombay High Court against Vinay Fabrics Pvt. Ltd. for recovery of money....

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Bombay High Court Partially Sets Aside Arbitral Award in Lease Dispute — Damages for Unexpired Lock-in Period Awarded. Court holds that arbitrator erred in limiting damages for premature termination of lease to only 6 months instead of the entire unexpired lock-in period under the Lease Deed dated 23rd April, 2016....

The petitioners, heirs of the original lessor, filed a Commercial Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, seeking to set aside a portion of an arbitral awa...

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Bombay High Court Allows Appeal Against Section 9 Order in Arbitration Dispute Over Appointment of Court Receiver. Court holds that appointment of a Court Receiver to take possession of secured assets without considering the balance of convenience and irreparable loss is not warranted under Section 9 of the Arbitration and Conciliation Act, 1996....

The present appeal impugned an order dated 31st August 2023 passed by the Learned Single Judge in a Commercial Arbitration Petition filed by Respondent No.1 under Section 9 of the Arbitration and Conc...

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Bombay High Court Allows Petitioner in TAIT Examination Case Due to Technical Glitch - Multiple Appearance Not Deliberate, Candidature Restored. Guidelines for TAIT Examination Are Not Statutory; Cancellation Without Considering Explanation Is Disproportionate and Violates Natural Justice Under Article 14....

The petitioner, Shubham Navnath Mali, a 27-year-old M.Sc. graduate, filed a writ petition before the Bombay High Court at Aurangabad challenging the cancellation of his candidature for the Teachers Ap...

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Bombay High Court Allows Petitions Challenging Tender Cancellation and Work Order Issued to Private Respondent in Municipal Contract Dispute. Court holds that cancellation of tender after acceptance of bid and issuance of work order to another bidder without valid justification is arbitrary and violative of Article 14 of the Constitution....

The petitioners, who were successful bidders in a tender process conducted by the Latur City Municipal Corporation for construction work, filed writ petitions seeking direction to issue work orders an...