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Bombay High Court Dismisses Writ Petition Challenging DRT Order Allowing Recall of Witness for Cross-Examination. Debt Recovery Tribunal Has Inherent Power to Recall Witness Under Section 22 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993 for Effective Adjudication.

The petitioners, Deepak Kochhar and Rajeev Kochhar, filed a Writ Petition under Article 226 of the Constitution of India before the Bombay High Court ...

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Bombay High Court Allows Writ Petition Challenging Reservation on Land Due to Mapping Error and Non-Acquisition. The court quashed the reservation on the petitioner's land as the reservation chart showed a different survey number and no acquisition steps were taken for decades.

The petitioner, an agriculturist aged 77, is a joint owner of agricultural land Gat No. 933 (Old Survey No. 212/1) admeasuring 15R. In 1981, responden...

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Bombay High Court Allows Teacher's Petition Against Termination in MEPS Act Case — School Tribunal Erred in Holding Appointment as Temporary. Appointment Approved by Education Officer Creates Deemed Permanent Status Under Section 5(1) of MEPS Act, 1977.

The petitioner, Sharda Nandeshwar, was appointed as an Assistant Teacher by the respondent-management of Mahatma Jyotiba Phule Vidyalaya, Bhandarbodi,...

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Bombay High Court Dismisses Land Acquisition Compensation Claim as Time-Barred Due to 37-Year Delay. Challenge to Award Under Land Acquisition Act, 1894 Rejected for Unexplained Laches.

The petitioners, Babasaheb Eknath Wakchaure, Sunil Namdeo Wakchaure, and Balasaheb Gangadhar Wakchaure, filed a writ petition in the Bombay High Court...

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Bombay High Court Upholds Constitutional Validity of Time Limit for Availing Input Tax Credit Under Section 16(4) of CGST Act. The court held that the time limit is mandatory and not directory, and retrospective amendments are valid.

The Bombay High Court, in a batch of writ petitions, addressed the constitutional validity and interpretation of Section 16(4) of the Central Goods an...

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High Court of Karnataka Allows Advocate's Re-Enrollment After Surrender of Sanad During COVID-19. Karnataka Advocates' Welfare Fund Act, 1983 Does Not Bar Re-Entry; Right to Practice Under Article 19(1)(g) Upheld.

The petitioner, Shri Channabasappa Lingappa Mokhashi, enrolled as an advocate with the then Mysore Bar Council on 17-07-1973 and practiced continuousl...

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Bombay High Court Upholds Discharge of Railway Official in Fabrication Case for Lack of Sanction Under Section 197 CrPC. Complainant's Private Complaint for Offences Under Sections 193 and 204 IPC Fails as Accused Was a Public Servant Acting in Discharge of Official Duty.

The applicant, Shailesh Kulkarni, was a railway contractor who had disputes with the railway authorities. During arbitration proceedings, a document w...

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Supreme Court Dismisses Revenue Appeal: Capital Gains Excluded from Dividend Under Section 2(6A) of Income-tax Act, 1922. Assessee's Share of Dividend Derived from Capital Gains Held Not Taxable as Dividend Due to Express Exclusion in the Proviso to Explanation to Section 2(6A)(a).

The case involved assessment year 1949-50 where respondent shareholders received dividends from a company and claimed that the portion distributed out...

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Supreme Court Tags Civil Appeals and Transfer Cases on Inter Se Seniority Between Direct Recruit and Promotees in Income Tax Department. Core Question is Whether Seniority of Direct Recruits Should be Based on Date of Appointment or Date of Vacancy.

The Supreme Court of India heard a batch of civil appeals and transfer cases concerning the inter se seniority dispute between direct recruits and pro...