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 Issued Beyond Limitation Period Without Proper Application of Mind. Transfer of Transferable Development Rights (TDR) to Wholly Owned Subsidiary Held Not Taxable as Income Under Section 2(24) Read With Section 45 of the Act....

The petitioner, Standard Industries Limited, is engaged in trading of textile goods and real estate development. It owned freehold land at Sewree, Mumbai, entitling it to Transferable Development Righ...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Inordinate Delay in Deciding Representation — Right to Expeditious Consideration Under Article 22(5) of Constitution Violated. The Court held that failure to decide the detenu's representation promptly renders the detention order illegal and directed release....

The petitioner, Sangharsh Alias Bhavya Nitin Adsul, challenged an order of detention dated 29th September 2022 passed by the Commissioner of Police, Pune City under Section 3(2) of the Maharashtra Pre...

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Bombay High Court Quashes Reassessment Notice for Non-Compliance with Time Limit and Approval Requirement under Income Tax Act, 1961. The order under Section 148A(d) and notice under Section 148 for AY 2018-19 were invalid as they were passed after three years from the end of the assessment year without approval of the Principal Chief Commissioner....

The petitioner, Mrs. Chitra Supekar, a housewife, challenged the notice dated 20th March 2022 issued under Section 148A(b) of the Income Tax Act, 1961 for Assessment Year 2018-19, and the subsequent o...

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Bombay High Court Hears Kotwals' Writ Petition Against Age Bar; Applies COVID-19 Relaxation GR to Group D Absorption. The Court Found That Government Resolution Dated 17.12.2021 Should Be Interpreted Liberally to Include All Kotwals Affected by Recruitment Delays, Ensuring No Anomalous Exclusion....

The petitioners, eleven Kotwals working on honorarium in Aurangabad district, filed a writ petition before the Bombay High Court challenging an order of the Maharashtra Administrative Tribunal that ha...

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Bombay High Court Allows Writ Petition Challenging Refusal of Building Plan Sanction by Nagpur Improvement Trust Due to PIL Prohibitory Order. Court Directs NIT to Consider Application on Merits Without Reference to PIL Order, Holding That Prohibitory Order Does Not Create Absolute Bar....

The petitioners, Kartiki Jagdish Pawar and Sanjyoti Jagdish Pawar, purchased a plot in Nagpur from Dashrath Balaji Kalambe, who had originally bought it from Paradise Co-operative Housing Society in 1...

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Bombay High Court Holds Mechanical Rejection of Stay Application for Non-Deposit of 20% Disputed Tax is Invalid; Directs Reconsideration. The court found that the Principal Commissioner of Income Tax failed to consider financial hardship of a 100% government-owned undertaking while rejecting stay under Income Tax Act, 1961, Sections 147, 144, 156....

The litigation arose from income-tax assessment proceedings against the Goa Forest Development Corporation, a Government of Goa undertaking. The petitioner received a notice under Section 148 of the I...

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Bombay High Court Allows Tenant's Writ Petition in Tenancy Dispute — Orders Remand for Fresh Consideration of Tenant's Declaration Application. Failure to Consider Evidence and Non-Compliance with Natural Justice Warrants Setting Aside of Revenue Tribunal and Sub-Divisional Officer Orders....

The Petitioner, Gopal Ganpat Patil (since deceased, through legal heir Ramdas Gopal Patil), filed a Writ Petition before the Bombay High Court challenging the orders of the Sub-Divisional Officer, Pan...

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Bombay High Court Allows Writ Petition in Tenancy Dispute — Restoration of Tehsildar's Order for Purchase Price Fixation. Amended provisions of Sections 32-K(3), 32-M, and 32-P of the Bombay Tenancy and Agricultural Lands Act, 1948 apply to pending proceedings, entitling tenant's heirs to purchase land at price fixed by ALT....

The case involves a dispute over agricultural land Survey No. 36, Gat No. 217, admeasuring 11 Acres and 16 Gunthas, situated at Village Sheri Kavathe, Taluka Miraj, District Sangli. The original tenan...

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High Court of Judicature at Bombay Dismisses Petition Challenging Rejection of Condonation of Delay in Civil Appeal — Gross Negligence and Lack of Sufficient Cause for Delay of 5 Months 23 Days. The court held that the petitioners failed to explain the delay satisfactorily and that the impugned order was justified....

The petitioners, Milind B. Jadhav and others, filed a writ petition challenging the order dated 03.01.2022 passed by the Learned District Judge-2, Kalyan, in Civil Miscellaneous Application No. 56 of ...

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Bombay High Court Quashes University Grievance Committee Order for Lack of Jurisdiction in Service Dispute. Committee Exceeded Its Powers Under Maharashtra Universities Act, 1994 by Adjudicating Individual Employment Claims Without Statutory Authority....

The petitioners, Chairman Dr. D.Y. Patil Education Enterprise Charitable Trust and another, challenged an order dated 30 June 2022 passed by the Grievances Committee of Savitribai Phule Pune Universit...