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Bombay High Court Dismisses Petition Challenging Appointment of Administrator for Co-operative Housing Society Under Section 77A of MCS Act, 1960. Court upholds Registrar's power to appoint administrator when committee fails to convene annual general meeting and elections are overdue.

The petitioners, members of Ganga Bhavan Co-operative Housing Society Limited, challenged the appointment of an administrator by the Deputy Registrar ...

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Bombay High Court Allows Public Interest Litigation Against Encroachment on CIDCO Land by Minister's Relative. Court Orders Demolition of Unauthorized Glass House Construction in No Development Zone and Coastal Regulation Zone.

The petitioner, Sandeep Sharadchandra Thakur, a resident of Navi Mumbai and Vice President of a multinational company, filed a Public Interest Litigat...

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Bombay High Court Quashes Tribunal Order for Ignoring Binding Precedent in Section 14A Disallowance Case. Tribunal's refusal to follow earlier decision of the same court on identical issue held to be a jurisdictional error warranting interference under Article 226.

The petitioner, HDFC Bank Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 23 September ...

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Bombay High Court Upholds TDS Provisions Under Goa VAT Act for Works Contracts — Rule 4A and Entry C-14 Held Valid. Amendment to Section 28(1) of Goa Value Added Tax Act, 2005 for deduction of tax at source from payments to contractors is constitutionally valid and not ultra vires.

The petitioners, including the All Goa Contractors Association and four contractor companies, challenged the constitutional validity of Rule 4A insert...

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Supreme Court Upholds Termination of Police Constable for Concealment of Medical Unfitness. Fraudulent Reinstatement Set Aside; No Negative Equality in Appointments Obtained Through Misrepresentation.

The case involves the State of Uttar Pradesh and its police authorities appealing against the reinstatement of a police constable whose services were ...

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Karnataka High Court Quashes Penal Back Billing Order in Electricity Theft Case — No Evidence of Tampering or Pilferage. Mere Fluctuation in Load Factor Does Not Attract Penal Provisions Under Clause 42.05 of Conditions of Supply of Electricity.

The petitioner, M/s Eureka Forbes Limited, a public limited company, owned a composite premises in Bommasandra Industrial Area, Bengaluru. In 2007, it...

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Bombay High Court Dismisses Customs Appeal Against Acquittal in Import of Brand New Goods Under Transfer of Residence Facility. Prosecution Failed to Prove Goods Were Not Used Personal Effects, Acquittal Under Section 135 Customs Act, 1962 Upheld.

The Assistant Commissioner of Customs, Marine and Preventive Wing, Bombay appealed against the judgment and order dated 11th October, 1999 passed by t...

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Bombay High Court Allows Writ Petitions Challenging Service Tax Demand on Construction of Port Services. Services by way of construction of original works pertaining to a port are exempt from service tax under Notification No.25/2012-ST dated 20.06.2012, Entry No.14.

The petitioners, JSW Dharmatar Port Pvt. Ltd. and JSW Jaigarh Port Ltd., are companies engaged in developing and operating ports. In the course of the...

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Madras High Court Allows Habeas Corpus Petition Quashing Preventive Detention Order — Mere Criminal Involvement Not Ground for Preventive Detention. Preventive detention order set aside as the detenu's cases could be dealt with under ordinary law, and preventive detention cannot be used for punishment.

The petitioner, Uma, mother of the detenu Logesh, filed a habeas corpus petition under Article 226 of the Constitution of India before the Madras High...