Bombay High Court

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Bombay High Court Quashes Reassessment Notice in Income Tax Case Due to Lack of Independent Application of Mind. Reopening Based on Borrowed Satisfaction from Search Action Without Proper Inquiry Held Invalid Under Section 148A of Income Tax Act, 1961....

The petitioner, Anurag Gupta, an individual, filed his return of income for assessment year 2018-19 under Section 139(1) of the Income Tax Act, 1961, which was processed under Section 143(1). Subseque...

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Bombay High Court Upholds CAT Order Reinstating Railway Employee in Disciplinary Case — Non-Supply of Inquiry Report Violates Natural Justice. Removal from Service Set Aside as Disciplinary Authority Failed to Provide Copy of Inquiry Report Before Imposing Penalty, Contrary to Principles of Natural Justice....

The Union of India challenged the judgment of the Central Administrative Tribunal (CAT) Mumbai dated 25 November 2010 in Original Application No. 148 of 2006, which set aside the order of removal from...

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Bombay High Court Allows Petition Challenging MCZMA's Refusal of CRZ Clearance for Occupancy Certificate. MCZMA cannot refuse clearance on ground of mismatch between DCR 1991 and DCR 1967 when construction was lawfully permitted under DCR 1991....

The petitioner, MRK Enterprises, a partnership firm, owned a property known as 'Amir House' at Colaba, Mumbai. The petitioner sought a Coastal Zone Regulation (CRZ) clearance from the Maharashtra Coas...

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Bombay High Court Holds Land Reservation Lapses Only Upon Valid Notice Under Section 127 of MRTP Act, Not Mere Passage of Time. The court ruled that without a valid notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, the High Court cannot declare reserved land free from reservation even after an inordinate delay....

The case involves two writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad Bench, by three petitioners—Madanlal Zumberlal Nahar, Jawaharlal Zu...

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Bombay High Court Allows DNA Test in Maintenance Case to Determine Paternity — Revisional Court Erred in Quashing Magistrate's Order Without Considering Prima Facie Evidence of Marriage and Cohabitation....

The petitioner, Madanaiah Durgam Chinna Kande, challenged the order of the Additional Sessions Judge, Chandrapur, dated 16th November 2021, which quashed the Magistrate's order directing a DNA test. T...

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Bombay High Court Allows Writ Petition Challenging Refusal of Appointment Under Sports Quota — Petitioner's Sports Certificates Were Valid and Not Considered by Employer. The court held that the employer cannot unilaterally reject sports certificates without obtaining a validity report from the concerned sports authority as per Government Resolution dated 30.04.2005....

The petitioner, Anup S/o. Ashok Pahade, filed a writ petition before the Bombay High Court, Nagpur Bench, challenging the refusal of respondents 2 and 3 (Mahanirmiti, Maharashtra State Power Generatio...

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Bombay High Court Allows Writ Petition of Deputy Registrars Challenging Recovery of Excess Salary Due to Mistaken Pay Rule Interpretation. Court holds that recovery of excess payments made without employee fault violates Article 300A of the Constitution and principles of equity....

The petitioners, eight former and current Deputy Registrars of the Bombay High Court, filed a writ petition challenging the decision of the Registrar General to recover excess salary paid to them betw...

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Bombay High Court Adjudicates Challenge by L-2 Bidder to Tender Qualification of L-1 Bidder in Underground Cable Conversion Work. Petition alleges that rival L-1 bidder did not meet mandatory tender conditions and that tendering authority's decision was arbitrary and irrational, invoking principles of judicial review in public procurement....

Bombay High Court addressed a writ petition filed by Universal Cables Ltd., the L-2 bidder, challenging CIDCO's decision to declare BNC Power Projects Ltd., the L-1 bidder, as technically qualified fo...

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Bombay High Court Dismisses Application for Condonation of Delay of Over 12 Years in Filing Appeal — No Sufficient Cause Shown for Inordinate Delay. The court held that the applicant's explanation for the delay was not credible and that the applicant had failed to show sufficient cause under Section 5 of the Limitation Act, 1963....

The Bombay High Court dismissed an application for condonation of delay of over 12 years in filing an appeal. The applicant, Islamic Republic of Iran (through Iranian Islamic Republic Railways), sough...

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Bombay High Court Grants Anticipatory Bail to Accused in SC/ST Act Case Due to Lack of Prima Facie Case. Allegations of Caste-Based Insults Found Vague and Not Attracting Offences Under Sections 3(1)(r) and 3(1)(s) of SC/ST Act....

The judgment pertains to two criminal appeals filed by Jagdish Sajjankumar Banka and Satish Sajjankumar Banka under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocit...