Search Results for "Statutory Provisions"

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Search Results for "Statutory Provisions"

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High Court

Bombay High Court Allows Writ Petition, Quashes School Tribunal Order for Lack of Consideration of Statutory Provisions. Matter Remanded for Fresh Adjudication Within Six Months.

4 Feb 2015

The petitioners, The Cooperative Education Society and Nagpur Night High School, challenged the judgment and order dated 25th November 2013 passed by ...

High Court

Bombay High Court Allows Registration of Cooperative Societies Despite Overlap with Existing Societies, Quashes Registrar's Refusal Based on Government Policy. Section 4 of MCS Act, 1960 does not prohibit registration merely due to overlapping area of operation; policy circulars cannot override statutory provisions.

18 Jan 2012

The petitioners, Pandurang Vividh Karyakakri Sahakari Seva Sanstha Ltd. and Nagnath Vividh Karyakakri Sahakari Seva Sanstha Ltd., filed writ petitions...

High Court

Bombay High Court Dismisses Writ Petition Challenging Exemption from Unearned Income Payment for Agricultural Land Transfers Under Maharashtra Tenancy Act. Transfer of land by tenants who became owners under the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 is governed by Section 57 of that Act, not by Government Resolution dated 08.09.1983.

28 Mar 2018

The petitioner, Dilip Ghorpade, filed a writ petition challenging the order of the Minister dated 03.07.2004, which held that respondent Nos. 1 & 2 we...

High Court

Bombay High Court Allows Petition Challenging Promotion of Respondent No.5 in Municipal Corporation Case Due to Ultra Vires Action. Promotion of A.T. Shintre as Director under Section 54A of Mumbai Municipal Corporation Act, 1888 set aside for being illegal and arbitrary.

6 Apr 2010

The petitioners, employees of the Municipal Corporation of Greater Mumbai (MCGM), filed a writ petition under Article 226 of the Constitution of India...

High Court

High Court Quashes Income Tax Reopening Notices in Search-Based Assessment Cases Due to Mandatory Application of Section 153C. Assessing Officer Cannot Invoke General Reassessment Provisions Under Sections 147/148 When Material Originates from Search Under Section 132/132A, as Special Provisions Under Section 153C Override and Require Exclusive Procedural Compliance.

7 Jan 2026

The judgment concerned a group of petitions challenging notices issued under Section 148 of the Income-tax Act, 1961, reopening assessments under Sect...

High Court

High Court of Gujarat Examines Whether Reopening of Assessments Under Section 148 Based on Search Material is Permissible Without Invoking Section 153C. Core Legal Question Involves Overriding Effect of Search-Related Special Provisions Over General Reassessment Provisions Under the Income-tax Act, 1961.

7 Jan 2026

The group of Special Civil Applications filed before the High Court of Gujarat challenged the notices issued under Section 148 of the Income-tax Act, ...

Supreme Court

Supreme Court Dismisses Revenue Appeal in Income Tax Limitation Case Under Section 144C. Nagarathna J. Holds That Section 144C Does Not Extend Limitation Under Section 153 of Income Tax Act, 1961.

1 Jan 1970

This separate opinion by Nagarathna J. arises from civil appeals filed by the Revenue against a common order of the Bombay High Court. The High Court ...

Supreme Court

Supreme Court Hears Appeals on Forum for Trial in SEBI Act Cases — Retrospective Application of 2002 and 2014 Amendments Disputed. Court Considers Whether Change from Magistrate to Sessions Court and Subsequent Special Courts Affects Pre‑2002 Offences Still Pending.

1 Jan 1970

This batch of appeals and petitions before the Supreme Court concerned the proper forum for trial of offences under the Securities and Exchange Board ...

Supreme Court

Supreme Court Allows Regulatory Appeal on Trial Forum under Securities and Exchange Board of India Act, 1992. Procedural Amendment to Section 26 by the 2002 Amendment Act Held Retrospective, and All Pending Trials for Pre-2002 Offences Must Proceed Before Special Court as per the 2014 Amendment.

1 Aug 2026

The Supreme Court addressed a batch of appeals and writ petitions concerning the correct forum for trial of offences under the Securities and Exchange...

High Court

Bombay High Court Upholds Petitioners' Challenge to Local Body Tax Provisions under Bombay Provincial Municipal Corporations Act. Provisions empowering levy of Local Body Tax in lieu of Octroi held to be within constitutional framework under Part IXA of the Constitution and not violative of municipal autonomy.

1 Oct 2014

The petitioners, unions and associations of employees of various municipal corporations in Maharashtra, filed writ petitions challenging the constitut...

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