Bombay High Court

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Bombay High Court Allows Teachers' Petitions Challenging Refusal of Approval and Salary — Education Officer Cannot Refuse Approval on Ground That Vacancy Arose Prior to Government Resolution Dated 29-10-2005. Teachers Entitled to Salary from Date of Initial Appointment....

The judgment concerns a batch of writ petitions filed by teachers who were appointed by various educational institutions in Maharashtra. The Education Officer (Secondary) of the respective Zilla Paris...

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Bombay High Court Considers Whether Hiring of Tankers to Oil Company Amounts to Sale Under Maharashtra Value Added Tax Act, 2002. Court Examines Applicability of Exception III to Section 2(8) Dealer Definition for Transporters Holding Permits Under Motor Vehicles Act, 1988....

The judgment arises from appeals filed under Section 27 of the Maharashtra Value Added Tax Act, 2002 against orders of the Maharashtra Sales Tax Tribunal confirming tax demands on receipts from provid...

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Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Proximity Between Offences and Public Order. Detenu's Criminal Activities Found to Affect Law and Order Only, Not Public Order, Rendering Preventive Detention Invalid....

The petitioner, Pranali Yogesh Karkhandis, challenged a detention order dated 23rd January 2023 passed by the Commissioner of Police, Thane City, under Section 3(2) of the Maharashtra Prevention of Da...

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Bombay High Court Dismisses BCCI's Appeals in Service Tax Dispute Over IPL Media Rights — Holds That Services to Foreign Entities Are Not Exported Services Under Export of Services Rules, 2005....

The Board of Control for Cricket in India (BCCI) filed four appeals against a common order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Mumbai, which had confirmed the demand fo...

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Bombay High Court Allows BCCI's Writ Petition Against Service Tax Demand on Media Rights Income. Court holds that BCCI's grant of media rights for IPL matches constitutes 'export of service' and not 'franchisee service', quashing the Order-in-Original and directing rectification of the Tribunal's order....

The petitioner, Board of Control for Cricket in India (BCCI), a society registered under the Tamil Nadu Societies Registration Act, 1975 and registered under the Finance Act, 1994 for service tax, ent...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Being Time-Barred — Notice Issued Beyond Four-Year Limitation Period Without Proper Sanction. Reassessment Notice for AY 2019-2020 Issued on 12.04.2023 Held Without Jurisdiction as It Exceeded Limitation Under Section 149(1)(b) of Income Tax Act, 1961....

The petitioner, Kartik Sureshchandra Gandhi, a businessman, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging a reassessment notice dated 12...

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Bombay High Court Quashes Reassessment Notice for Banking Company Due to Lack of New Material. Section 148 Notice Under Income Tax Act, 1961 Set Aside as Reasons for Reopening Were Based on Same Material Already Considered in Original Assessment....

The petitioner, DCB Bank Ltd., challenged a notice dated 24 March 2021 issued under Section 148 of the Income Tax Act, 1961 for reopening the assessment for Assessment Year 2014-15, and an order dated...

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Bombay High Court Partially Allows Appeal in Land Acquisition Compensation Case — Enhances Compensation for Agricultural Land Acquired for Cotton Research Institute. Market Value Determined Based on Sale Deeds and Potential for Development, Applying Deduction for Large Plot Size....

The appellant, Sukhdeo Sampatrao Deulkar, owned agricultural land admeasuring 5.21 hectares in Mouza Parsodi, Nagpur, which was acquired by the State of Maharashtra for the Central Institute of Cotton...

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High Court of Bombay at Goa Allows Writ Petition for Mandamus Against State and Panchayat for Failure to Enforce Stop Work Notice on Illegal Construction. Court Directs Demolition of Unauthorized Construction by Neighbour Without Permission and Setback, Holding Panchayat's Inaction Justifies Judicial Intervention....

The petitioner, Mr. Raphael Domnic Philip Patricio, co-owner of property bearing Survey No.87/3 in Village Nerul, filed a writ petition under Article 226 of the Constitution before the High Court of B...