Search Results for "Coercive Recovery"

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Bombay High Court Allows Writ Petition of Oil Corporation in Octroi Abolition Case. Octroi Demands and Seizure of Depots Quashed as Municipal Council Lacked Authority After 1999 Amendment to Maharashtra Municipal Councils Act, 1965.

The petitioner, M/s. Bharat Petroleum Corporation Ltd. (BPCL), filed a writ petition under Article 226 of the Constitution of India before the Bombay ...

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Bombay High Court Dismisses Petition Challenging Restoration of Possession to Judgment-Debtor in Execution Dispute. Decree Holder Cannot Take Possession Without Execution Proceedings Under Order 21 CPC; Appellate Court Has Inherent Power Under Section 151 CPC to Restore Status Quo Ante.

The petitioner, Amol Subashrao Deshpande, was the original plaintiff who filed a suit for declaration, removal of encroachment, possession, and injunc...

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Bombay High Court Dismisses Challenge to Land Acquisition for CIDCO Project, Upholds Validity of Acquisition Under 2013 Act. Court holds that acquisition under the 1894 Act had lapsed but was validly revived under the 2013 Act, and that the Court Receiver was not in possession at the time of taking over.

The case involves three writ petitions concerning the acquisition of land bearing survey no. 59/8 at Village Asudgaon, Taluka Panvel, District Raigad,...

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Bombay High Court Allows Writ Petition in Entry Tax Case — Pre-deposit Condition for Appeal Not Applicable When Entire Tax is Disputed. Section 28(3)(a) of Goa Tax on Entry of Goods Act, 2000 requires pre-deposit only of tax 'not disputed' in appeal, not disputed tax.

The petitioner, M/s. West Coast Ingots Pvt. Ltd., a company incorporated under the Companies Act, 1956, was served a demand notice under the Goa Tax o...

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Bombay High Court Allows Petition Challenging ESI Coverage for Sweet Shop Based on Disputed Employee Count. Court holds that ESI Corporation must determine coverage under Section 2(12) of the Employees' State Insurance Act, 1948 after proper inquiry and opportunity of hearing.

The petitioner, M/s Anil Chat Bhandar, a proprietary concern engaged in preparing and selling sweets and snacks in Nagpur, challenged orders passed by...

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Bombay High Court Dismisses Appeal Against Return of Plaint in Municipal Tax Dispute — Civil Court Lacks Jurisdiction Over Tax Exemption Claim. Order VII Rule 10 CPC Allows Return of Plaint for Presentation Before Proper Forum When Court Lacks Jurisdiction.

The appellant, Akola Gujrati Samaj, a public trust registered under the Bombay Public Trust Act and a society under the Societies Registration Act, 18...