Bombay High Court

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Bombay High Court Allows Appeal Against Summary Assessment Under Section 62 of MGST Act Due to Technical Glitches and Non-Service of Order. The court directed the appellate authority to entertain the appeal and decide it on merits, condoning the delay caused by technical issues and non-service of the assessment order....

The petitioner, M/s. Meritas Hotels Pvt. Ltd., challenged the action of respondent no.5 (Joint Commissioner of Sales Tax (Appeals-IV)) in refusing to accept and entertain an appeal against a summary a...

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Bombay High Court Upholds Divisional Commissioner's Power to Enhance Disqualification Period in Panchayat Election Dispute. Delegated Authority Under Section 15B of Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 Includes Power to Modify Collector's Order of Disqualification....

The judgment involves two counter writ petitions arising from a dispute over disqualification of a Panchayat member under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. The petitione...

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Bombay High Court Allows Writ Petition Seeking Retiral Benefits for Retired Lecturer of Unaided Art School After Grant-in-Aid Sanction. Entire service from 1993 to 2010 must be considered for pension and other benefits under the Maharashtra Grant-in-Aid Rules....

The petitioners, Prakash Arjun Rajeshirke (an individual) and Sahyadri Shikshan Sanstha (an educational trust), filed a writ petition under Article 226 of the Constitution of India before the Bombay H...

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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC....

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (CPC) before the Bombay High Court Registry, seekin...

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Bombay High Court Allows Writ Petitions Challenging Education Officer's Order Setting Aside Transfer of Headmaster — Transfer of Headmaster Held Not Requiring Prior Approval Under Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977....

The case involves two writ petitions. The first petition was filed by Janta Shikshan Sanstha and its office bearers challenging the order of the Education Officer (Secondary) dated 30 August 2019 whic...

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Bombay High Court Dismisses Petitions Challenging Refusal of No-Objection Certificate for New Colleges. Government Policy Requiring NOC from Existing Colleges in Vicinity Upheld as Valid and Not Arbitrary....

The petitioners, Jagruti Foundation and Sanjay Modak Education Society, filed writ petitions challenging the refusal of the State Government to grant No-Objection Certificates (NOCs) for establishing ...

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Bombay High Court Allows SIDBI's Petition Against CBDT Order Denying Tax Exemption on Dividend Distribution. Section 50 of SIDBI Act, 1989 exempts SIDBI from all income tax including additional income tax under Section 115-O of Income Tax Act, 1961....

The petitioner, Small Industries Development Bank of India (SIDBI), a financial institution established under the Small Industries Development Bank of India Act, 1989 (SIDBI Act), filed a writ petitio...

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Tenancy and Adverse Possession Upheld. The court held that the appellant failed to prove exclusive title and that the respondent had perfected title by adverse possession, and the suit was not barred by limitation....

The present second appeal arises from a suit for possession and mesne profits filed by the original plaintiff (respondent) against the original defendant (appellant) in respect of agricultural land. T...

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Bombay High Court Allows Appeal in Central Excise Case Due to Limitation Bar. Demand for Excise Duty on Gates and Hoists Supplied to Irrigation Department Held Time-Barred Under Section 11A of Central Excise Act, 1944....

The appellant, Water Resources Development (formerly Irrigation Department), was engaged in manufacturing mechanical gates, parts, and hoists for dams constructed by the Government of Maharashtra. The...