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Bombay High Court Quashes Reopening of Assessment Under Section 148 of Income Tax Act, 1961 — No Failure to Disclose Material Facts. Retirement Receipt from Partnership Firm Held Not Taxable as Capital Receipt, Not Revenue Receipt.

The petitioner, Balkrishna Hiralal Wani, was a partner in a firm of solicitors. He retired on 20th October 2003 upon attaining the age of seventy year...

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Bombay High Court Allows Revenue Appeal in Part on Mutuality Principle for Effluent Treatment Association. Interest on Bank Deposits Held Taxable as Income from Investments, Not Covered by Mutuality.

The case involves an appeal by the Revenue under Section 260A of the Income Tax Act, 1961 against a decision of the Income Tax Appellate Tribunal for ...

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Bombay High Court Dismisses Petitions Challenging School Tribunal Orders in Seniority and Appointment Dispute. Court Holds That Appointment of Head Mistress Was Valid and Seniority Must Be Determined by Education Inspector.

The judgment involves two writ petitions. Writ Petition No. 683 of 2002 was filed by Mrs. Pushpa Surendra Dhaktode challenging the School Tribunal's o...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Insurer of Truck held not liable as accident caused solely by bus driver's negligence, but insurer of bus liable to pay compensation with right to recover from owner.

The National Insurance Company Ltd. (appellant) filed two appeals against the judgment and order dated 18th February 2008 passed by the Motor Accident...

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Bombay High Court Quashes Industrial Tribunal Award in Labour Dispute — Miscarriage of Justice Due to Ignoring Industrial Jurisprudence. Union's Reference Rejected Without Considering Prohibitory Order and Denial of Participation in Domestic Enquiry.

The petitioner, General Kamgar Union, challenged an award of the Industrial Tribunal dated 10.3.1995 which rejected Reference (IT) No.97 of 1980. The ...

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Bombay High Court Grants Specific Performance of Agreement to Sell Property Based on Consent Terms. Consent decrees passed against defendant heirs who stepped into shoes of original defendants, confirming plaintiff's right to specific performance of suit agreement.

The plaintiff, Virsen Balwantsingh Solanki, instituted Suit No. 1808 of 1981 in the Bombay High Court for specific performance of an agreement dated 2...