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Bombay High Court Allows Hindustan Petroleum Corporation Ltd.'s Writ Petitions Against Property Tax Demands by NMMC. Court holds that property tax demands for petroleum storage tanks and pipelines are illegal and without authority of law under the Maharashtra Municipal Corporation Act, 1949.

The petitioner, Hindustan Petroleum Corporation Ltd., filed three writ petitions challenging property tax demands raised by the Navi Mumbai Municipal ...

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Bombay High Court Dismisses Petition Challenging Tahsildar's Partition Action Under Section 54 CPC — Execution of Decree Not Dependent on Final Decree for Collector's Precept. The court held that the Collector can effect partition without a final decree, and the petitioners had opportunity to be heard.

The case involves a decree-holder (sister) who obtained a preliminary decree for partition of her parents' property in 2006, which was confirmed in ap...

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Bombay High Court Dismisses Petition Challenging Refusal to Stay Appeal Pending Application to Set Aside Ex-Parte Decree. Explanation to Order 9 Rule 13 CPC Does Not Confer Automatic Right to Stay; Conduct of Defendants Justified Refusal.

The petitioners, original defendants in a suit for specific performance of contract, challenged an order of the Principal District and Sessions Judge,...

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Bombay High Court Quashes Government Circular Restricting Land Compensation Under Consent Award. Circular dated 27.02.2020 Held Ultra Vires the RFCTLARR Act, 2013 and Maharashtra Rules, 2014.

The petitioner, Sanjay Mahadeo Japkar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging a Government Circular...

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Bombay High Court Allows Writ Petition Challenging MPSC's Refusal to Appoint Candidates as Drug Inspectors Due to Lack of Pharmacy Qualification. Court holds that B.Sc. in Chemistry is a valid qualification for the post of Drug Inspector under the Drugs and Cosmetics Act, 1940 and Rules, 1945.

The petitioners, eleven individuals holding B.Sc. degrees in Chemistry, applied for the post of Drug Inspector pursuant to an advertisement issued by ...

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Bombay High Court Upholds School Tribunal's Order Setting Aside Termination but Allows De Novo Enquiry Against Employee in Service Dispute. Employer's Right to Conduct Fresh Enquiry Upheld as Termination Was Procedurally Flawed, Not on Merits.

The judgment involves two writ petitions arising from the same order of the School Tribunal, Latur, dated 23.1.2014, which partly allowed Appeal No.13...

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Bombay High Court Dismisses Revision Against Eviction Decree in Tenant Eviction Case — Bonafide Requirement and Lapse of Lease Term Upheld. The concurrent findings of fact by the trial court and appellate court were not shown to be perverse or illegal, and the revision was dismissed.

The case involves a civil revision application filed by the original defendant (tenant) against the respondent (original plaintiff/landlord) challengi...

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Bombay High Court Quashes CBEC Circular on Service Tax Refund for Exporters — Circular Held Ultra Vires Section 11B of Central Excise Act, 1944 and Section 93 of Finance Act, 1994.

The Bombay High Court, in a batch of writ petitions filed by various companies including Larsen & Toubro Limited, Uhde India Private Limited, Tata Tel...