Bombay High Court

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Bombay High Court Allows Appeal Against Refusal of Injunction in Demolition Case — Municipal Corporation's Notice Under Section 354A of MMC Act, 1988 Challenged. Court Held That Trial Court Erred in Not Considering Prima Facie Case and Balance of Convenience, and Directed Status Quo Pending Suit....

The appellant, Sandesh Sonu Gawalkar, filed a civil appeal against an order dated 24 June 2022 passed by the City Civil Court, which refused to grant an ad-interim injunction against a demolition noti...

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Bombay High Court Quashes Reassessment Notices and Orders Under Section 153 of Income Tax Act, 1961 for Lack of Valid Sanction and Non-Application of Mind. Reassessment proceedings initiated without proper approval under Section 151(2) and based on borrowed satisfaction are invalid....

The petitioner, Ashok Commercial Enterprises, filed nine writ petitions challenging reassessment notices dated 19th July 2021 and 14th July 2021 issued under Section 153 of the Income Tax Act, 1961 fo...

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Bombay High Court Dismisses Writ Petition by Co-operative Housing Society Against Order Allowing Member to Construct Building. Transfer of Plot with Existing Construction Does Not Bar Transferee from Seeking Permission to Raise New Construction Under Bye-laws of Society....

The petitioner, Vinayak Adarsha Co-operative Housing Society Ltd., challenged the judgment and order of the Divisional Joint Registrar dated 25.05.2018 in Revision Application No. 11/2017, which confi...

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Bombay High Court Allows Writ Petition Challenging Termination of Assistant Teacher in Ashram School — Violation of Natural Justice and Non-Compliance with MEPS Act, 1977. Termination set aside due to lack of proper inquiry and approval under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977....

The petitioner, Bhaskar Sonerao Deshmukh, was appointed as an Assistant Teacher in an Ashram School run by Respondent No. 1, Ahilyabai Holkar Shikshan Prasarak Mandal, on 18.11.1996. His appointment w...

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Bombay High Court Allows Writ Petition for Additional Increment to District Awardee Teachers. Circular restricting benefit to State Awardees held arbitrary under Article 14....

The petitioners, Vishnupant Narayanrao Kashid and Shankar Daulatrao Mahajan (along with Shantabai Mahajan), were retired Assistant Teachers employed by the Zilla Parishad, Wardha. They were appointed ...

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Bombay High Court Dismisses Employer's Petition Challenging Reinstatement Order in Unfair Labour Practice Case. Employer failed to prove voluntary resignation through E-portal; reinstatement with full back wages upheld under MRTU & PULP Act....

The Petitioner, Reliance Integrated Services Pvt. Ltd., challenged the orders of the Labour Court and Industrial Court directing reinstatement of the Respondent, Satyananda Mohanty, with full back wag...

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Bombay High Court Allows Petition in Gratuity Dispute — Sets Aside Industrial Court Order Denying Gratuity. Employee's Continuous Service of 30 Years Entitles Him to Gratuity Under Section 4 of Payment of Gratuity Act, 1972 Despite Employer's Claim of Abandonment....

The Petitioner, Noor Mohammed Abdul Rehman Mulla, a retired employee, challenged the judgment and order dated 26 March 2021 passed by the Industrial Court, Mumbai in Appeal No.55 of 2019. The Industri...

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Bombay High Court Allows Writ Petition in Income Tax Case — Fees for Technical Services Rendered Outside India Not Taxable. Court holds that fees for technical services rendered entirely outside India do not accrue or arise in India and are not deemed to accrue or arise under Section 9(1)(vii) of the Income Tax Act, 1961....

The petitioner, Grasim Industries Ltd., set up a gas-based sponge iron plant in India and entered into a Foreign Technical Collaboration Agreement dated 22nd October 1989 with Davy Mckee Corporation (...

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Bombay High Court Allows Plaintiff's Application for Appointment of Court Receiver in Commercial Suit for Specific Performance — Defendant Failed to Demonstrate Prima Facie Case for Vacation of Injunction. Court held that the plaintiff had made out a strong prima facie case for appointment of Receiver to protect the suit property pending disposal of the suit....

The plaintiff, Sanjay Madhusudhan Mehra, filed a Commercial Summary Suit No. 68 of 2021 against the defendants, M/s. Ahuja Properties and Associates and its partners, seeking specific performance of a...