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Bombay High Court Allows Writ Petition Against Unlawful Adjustment of Income Tax Refund Without Prior Intimation Under Section 245 of the Income Tax Act, 1961. The court held that adjustment of refund without prior intimation is illegal and directed refund with interest.

The petitioner, Bharat Petroleum Corporation Limited, a public sector undertaking, filed a writ petition under Article 226 of the Constitution before ...

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Bombay High Court Dismisses Acquiring Body's Appeals in Land Acquisition Compensation Enhancement Cases. Reference Court's enhancement of compensation based on sale instances and potential value of acquired land upheld as appellant failed to produce evidence to rebut the claim.

The appellant, Vidarbha Irrigation Development Corporation, was the acquiring body for land acquisition for a minor irrigation project. The respondent...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Contract Dispute — Rejects Challenge Under Section 34 of Arbitration and Conciliation Act, 1996. Arbitrator's findings on delay and damages held to be plausible and not perverse.

The Union of India (Petitioner) challenged an arbitral award dated 28th March, 2007 (amended on 19th April, 2007) passed by the sole Arbitrator (Chief...

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Bombay High Court Quashes Externment Order for Violation of Natural Justice - No Hearing Given to Petitioner Under Section 56(1)(a)(b) of Mumbai Police Act, 1951. Failure to Afford Opportunity of Hearing Before Externment Renders Order Invalid.

The petitioner, Babu Hanmanta Marlla @ Kalay, challenged an externment order dated 15.2.2011 passed by the Deputy Commissioner of Police, Zone-IX, Ban...

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Bombay High Court Quashes Suspension of Employee in MSRTC Case — Employer Cannot Suspend Without Considering Employee's Explanation. Suspension Order Set Aside as Charge-Sheet Was Issued Without Affording Opportunity of Hearing Under Standing Orders.

The petitioner, Sachin Charlus Mirpagar, was employed as a Junior Assistant with the Maharashtra State Road Transport Corporation (MSRTC). In 2006, he...

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Bombay High Court Upholds Acquittal of Accused in Murder Case Due to Inconsistent Evidence. Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Section 302 IPC.

The State of Maharashtra filed an appeal against the judgment and order dated 20.12.1995 passed by the 4th Additional Sessions Judge, Kolhapur, in Ses...

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Bombay High Court Dismisses Suit for Declaration of Trust and Accounts Against Bank in Palm Oil Import Dispute. Consent Decree in Prior Suit Bars Plaintiff from Claiming Sale Proceeds as Trust Property.

The plaintiffs, Bajranglal Anilkumar Jaju and Hitesh Anilkumar Jaju, filed Suit No. 824 of 1980 against The Vyasya Bank Ltd. seeking a declaration tha...

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Gujarat High Court Quashes Preventive Detention Order for Lack of Material Showing Disturbance to Public Order. Detention under Gujarat Prevention of Anti-social Activities Act, 1985 set aside as mere registration of FIRs does not justify preventive detention.

The petitioner, Ramjan @ Ramu S/o Shaheb @ Shaban Shah, was preventively detained by the Commissioner of Police, Surat City, under Section 2(c) of the...