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Bombay High Court Quashes Reopening of Assessment Under Section 148 of Income Tax Act, 1961 for Lack of Fresh Material. Reassessment Based on Mere Change of Opinion on Allowability of Deduction and Depreciation Rate is Invalid.

The petitioner, Aventis Pharma Ltd., challenged a notice dated 16th March 2009 issued under Section 148 of the Income Tax Act, 1961, seeking to reopen...

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Bombay High Court Dismisses Appeal by Cadila Pharmaceuticals in Passing Off Action by Medley Laboratories. Marks 'HB TONE' and 'RB TONE' Held Deceptively Similar for Pharmaceutical Products, Injunction Confirmed.

The appeal arises from a suit filed by the respondents (original plaintiffs) against the appellant (original defendant) for infringement and passing o...

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Bombay High Court Dismisses Petition Challenging Recovery Certificate Satisfaction Orders in Cooperative Bank Dispute. Special Recovery Officer lacks jurisdiction to adjudicate on validity of recovery certificates or order refund under Maharashtra Cooperative Societies Act, 1960.

The petitioners, M/s. Vilas Transport Co., a partnership firm, filed a writ petition under Article 226 of the Constitution of India challenging two or...

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Bombay High Court Allows Writ Petition Against Municipal Corporation for Illegal Demolition of Building Without Notice. Demolition Without Prior Notice Under Section 354 of Mumbai Municipal Corporation Act, 1888 Violates Natural Justice.

The petitioners, purchasers of flats in a building known as Vishal Towers at 107, Motishaw Lane, Mazgaon, Mumbai, filed a writ petition against the Mu...

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Bombay High Court Dismisses Motion to Vacate Arrest of Indian Flag Vessel for Maritime Claim for Necessaries. Claim for necessaries is a maritime claim under admiralty law, and Indian courts have jurisdiction over Indian flag vessels.

The case involves a Notice of Motion filed by Amrut Dredging and Shipping Limited, a third party purchaser, seeking to vacate the arrest of the vessel...

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Bombay High Court Allows Landlord's Eviction Petition and Dismisses Tenants' Petition in Agricultural Tenancy Dispute. Landlord's bonafide need for personal cultivation under Section 33B and default in rent under Section 25 of the Maharashtra Tenancy and Agricultural Lands Act, 1948 upheld.

The judgment concerns two writ petitions arising from agricultural tenancy disputes over the same suit property. The landlord, Tukaram Maruti Dubal, f...

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Bombay High Court Allows Debenture Trustee's Claim for Payment from Suit Amount Held by Court Receiver in Priority Over Assignee of Decree. The court held that an assignee of a decree steps into the shoes of the assignor and cannot claim priority over the original decree holder who is a debenture trustee.

The dispute arose from a suit filed by ICICI Bank Ltd. (plaintiff) as debenture trustee for holders of 15% non-convertible debentures issued by Pal Pe...