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Bombay High Court Allows Writ Petition Challenging Settlement Commission's Power to Levy Interest Under Section 234B When No Interest Was Charged in Original Assessment. Interest under Section 234B(4) can only be increased or reduced if it was initially chargeable under the original assessment order.

The petitioner, Akbar Travels of India Pvt. Ltd., an IATA approved travel agent and money changer, filed returns for Assessment Years 2002-03 to 2006-...

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Bombay High Court Dismisses Residents' Association PIL Against School Construction on Recreational Ground — No Violation of Public Trust Doctrine. Change of Land Use from Recreational to Educational Valid Under Development Control Regulations.

The petitioners, Cuffe Parade Residents Association and its office bearers, filed a writ petition under Article 226 of the Constitution of India chall...

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Bombay High Court Upholds Tribunal's Decision on Interest Levy in Income Tax Reference - Interest Under Section 217 Not Leviable for Failure to Revise Advance Tax Statement When No Initial Statement Was Required Due to Income Below Threshold Under Section 208(2).

This is a reference under Section 256(1) of the Income-tax Act, 1961, at the instance of the Revenue, arising from the order of the Income Tax Appella...

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Bombay High Court Dismisses Application to Set Aside Insolvency Notice in Debt Recovery Matter — Debt Recovery Tribunal's Decree Constitutes a Final Judgment Under Section 9(2) of Presidency-Towns Insolvency Act, 1909.

The judgment debtor, Deepak Cochhar and another, filed a notice of motion seeking to set aside Insolvency Notice No. N/72 of 2004 issued by the Insolv...

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High Court of Bombay Upholds Reinstatement of Bank Employee in Disciplinary Matter — Full Back Wages Awarded for Flawed Inquiry. Syndicate Bank's Dismissal of Clerk for Alleged Misconduct Set Aside as Inquiry Was Vitiated by Bias and Non-Supply of Documents.

The petitioner, Syndicate Bank, a nationalised bank, challenged the Part-I Award dated 28.5.2003 and Part-II Award dated 7.9.2010 passed by the Centra...

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Bombay High Court Allows Petition Challenging Land Reservations in Development Plan Under MRTP Act. Reservations for MSEB Extension and School/Playground Quashed as Not Acquired Within 10 Years, Land Deemed De-reserved.

The petitioner, Vikramsinh Jaysingrao Ghatge, owned land bearing R.S.No.247/2/1 admeasuring 3 hectares at Kagal, District Kolhapur. The Government of ...

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Bombay High Court Allows Petition to Quash Land Reservations in Development Plan for Non-Acquisition Within Ten Years Under Section 127 of MRTP Act. Reservation for MSEB extension and school/playground lapsed due to failure to acquire land within statutory period.

The petitioner, Vikramsinh Jaysingrao Ghatge, owned land bearing R.S.No.247/2/1 admeasuring 3 hectares at Kagal, District Kolhapur. The Government of ...

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Bombay High Court Allows Appeal by Decree-Holder in Execution Proceedings, Setting Aside Dismissal as Time-Barred. The court held that filing chamber summons and other applications constituted steps in aid of execution, extending limitation under Article 136 of the Limitation Act, 1963.

The case involves an appeal by Pratap G. Somaiya (the appellant/decree-holder) against an order dismissing his execution application as time-barred. T...

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High Court Directs State to Complete Land Acquisition and Pay Compensation After 30-Year Delay -- Systemic Negligence in Land Acquisition Process Addressed in Writ Petition

The petitioners, landowners from Beed district, filed a writ petition after their lands were taken into possession in 1996 for a village tank project,...