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Bombay High Court Allows State's Writ Petition in Sales Tax Appeal Maintainability Case — Right of Appeal Under Section 55(1)(c) of Bombay Sales Tax Act, 1959 Includes State Government. The State is a 'person aggrieved' by a Commissioner's determination under Section 52 and can appeal to the Tribunal.

The State of Maharashtra filed a writ petition under Article 226 of the Constitution challenging the decision of the Sales Tax Tribunal dated 30 June ...

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Bombay High Court Partly Allows Appeals in Land Acquisition Compensation Case — Market Value Fixed at Rs.24 per sq m Uniformly. Reference Court's Classification of Land into Two Categories Set Aside Under Land Acquisition Act, 1894.

The case involves two appeals against the Judgment and Award dated 8th August 2003 passed by the learned District Judge, Margao, in Land Acquisition C...

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Bombay High Court Allows Appeal in Land Acquisition Case — Compensation for Severance of Property Not Payable Under Section 23(1) of Land Acquisition Act, 1894. Court holds that cost of constructing a culvert to connect severed portions is not a separate head of compensation under the Act.

The case involves an appeal by the Executive Engineer and Special Land Acquisition Officer against the judgment of the Reference Court dated 6/01/2005...

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High Court of Bombay Initiates Suo Motu Contempt Against Advocate for Disrupting Court Proceedings. Advocate's Rowdy Behavior and Improper Language in Court Amounts to Prima Facie Criminal Contempt Under Contempt of Courts Act, 1971.

The High Court of Bombay, on its own motion, initiated contempt proceedings against Mr. N.B. Deshmukh, an advocate, based on an incident that occurred...

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Bombay High Court Allows Workman's Appeal for Wages Under Section 17-B of Industrial Disputes Act, 1947 — Employer's Challenge Dismissed. Court held that workman is entitled to last drawn wages during pendency of proceedings before Labour Court, irrespective of employer's financial hardship.

The case involves two Letters Patent Appeals (LPA 294/2010 and LPA 296/2010) arising from an order of a Single Judge dated 26.10.2010 in Writ Petition...

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Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Suit Challenging Compromise Decree. Interpretation of Kachhi Properties Judgment Clarified: No Automatic Stay of Execution Proceedings Upon Filing of Suit for Declaration that Decree is Void.

The Bombay High Court heard two appeals from orders rejecting temporary injunction applications. The first appeal (AO 884/2010) challenged an order da...

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Bombay High Court Dismisses Petition Challenging Redevelopment Scheme Under DCR 33(7) — Consents Verified and Video Recorded. Tenants Who Refused to Vacate Were Issued Notices Under Section 95A of MHADA Act, 1976; Court Found No Merit in Grievance.

The ten petitioners, occupants of a cessed structure on CS 1101, Khandia Street, Byculla, Mumbai, challenged a redevelopment scheme sanctioned by MHAD...

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Bombay High Court Allows Refund of Octroi Duty on Goods Not Consumed Within Municipal Limits — Goods Imported into City but Immediately Taken to Factory Outside Octroi Limits Not Liable to Octroi Under Section 114(3) of City of Nagpur Corporation Act, 1948.

The petitioner, Yawalkar Pesticides Pvt. Ltd., a company incorporated under the Companies Act, 1956, had its registered office at Nagpur and a factory...