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Bombay High Court Dismisses Revenue Appeal in Income Tax Case Due to Non-Compliance with Section 144C Procedure. Tribunal's Order Upheld as Draft Assessment Order Not Served to Assessee, Violating Mandatory Requirement.

The case involves an appeal by the Principal Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal, Panaji, dated 21 Januar...

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High Court of Bombay Quashes Labour Court Orders Condoning Delay and Setting Aside Ex-Parte Award in Industrial Dispute. Labour Court Becomes Functus Officio Once Award Enforceable Under Section 17A of Industrial Disputes Act, 1947.

The petitioner workman filed a writ petition under Article 226 of the Constitution challenging two orders of the Labour Court dated July 12, 2004 and ...

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Supreme Court Dismisses Appeal of Teacher in Resignation Dispute — Management Committee Resolution Valid Despite Non-Communication. Resignation Withdrawal After Acceptance by Management Committee Not Permissible Under MEPS Act.

The appellant, an assistant teacher at Vasantrao Naik High School run by respondent No.1 society, tendered resignation on 10.10.2017. He withdrew the ...

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Supreme Court Quashes Compulsory Retirement Order of IRS Officer Due to Bias and Malice. Compulsory retirement under Rule 56(j) of Fundamental Rules, 1922, set aside as it was punitive, violated natural justice due to biased committee members, and disregarded clean service record.

The dispute involved an Indian Revenue Service officer challenging his compulsory retirement under Rule 56(j) of the Fundamental Rules, ordered three ...

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Bombay High Court Allows Writ Petition in Service Matter - Suspension Period Treatment. Disciplinary Authority Must Pass Speaking Order Under Rule 4(4) of Maharashtra Civil Services (Discipline and Appeal) Rules, 1979.

The petitioner, Shivaji Baburao Avhad, a retired government servant, joined the Sales Tax Department as a Clerk in 1981. In 2001, he was prosecuted fo...

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Bombay High Court Allows Restoration of RERA Appeals Dismissed for Non-Filing of Hard Copies. Procedural Compliance Must Not Override Substantial Justice Under Section 58 of RERA Act.

The judgment arises from three second appeals filed under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act) by Kailash P...

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Bombay High Court Partly Allows BEST's Appeal in Motor Accident Claim, Reduces Compensation for Pan Shop Owner. Court holds that notional income for self-employed person with no proof of income should be based on minimum wage guidelines, and reduces compensation from Rs. 13,50,073 to Rs. 9,00,000.

The case involves an appeal filed by the Bombay Electric Supply and Transport Undertaking (BEST) under Section 173 of the Motor Vehicles Act, 1988, ch...

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Bombay High Court Dismisses Insurance Company's Appeals in Motor Accident Claims — Negligence of Maruti Van Driver Upheld. Compensation Awarded to Legal Heirs of Deceased Rider and Injured Pillion Riders Under Section 166 of Motor Vehicles Act, 1988.

The case involves three appeals filed by The New India Assurance Co. Ltd. against judgments and awards of the Claims Tribunal, Raigad, in three motor ...

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Bombay High Court Dismisses Writ Petition for Delay in Challenging Income Tax Appellate Tribunal Order. Challenge to 2007 ITAT order filed in 2012 dismissed as grossly delayed without sufficient explanation.

The petitioner, Bharat Petroleum Corporation Limited, filed a writ petition in the Bombay High Court on 1 October 2012 challenging an order of the Inc...