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Bombay High Court Dismisses Petition Challenging Stamp Duty on Octroi Collection Agreement as Lease. Agreement for collection of octroi by agent held to be a lease under Section 2(n)(iii) of Maharashtra Stamp Act and chargeable under Article 36(i) of Schedule I.

The petitioner, M/s. Sai Trading Company, a partnership firm, entered into an agreement on 27th April 2006 with the Sangli, Miraj and Kupwad City Muni...

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Bombay High Court Allows Appeal in Workmen's Compensation Case — Death of Driver in Course of Employment Entitles Dependents to Compensation. Employer's Failure to Produce Evidence Leads to Adverse Inference Under Section 114(g) of Evidence Act.

The appeal arises from the dismissal of an application for compensation under the Workmen's Compensation Act, 1923, by the Commissioner for Workmen's ...

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Bombay High Court Quashes License Suspension in Drugs and Cosmetics Act Case — Procedural Violation in Inspection and Appeal. Failure to Provide Inspection Report and Opportunity of Hearing Renders Suspension Order Unsustainable Under Rule 66(2) of Drugs and Cosmetics Rules, 1945.

The petitioner, M/s. Raj Pharma, a partnership firm holding a valid drug license under the Drugs and Cosmetics Act, 1940 and Rules, 1945, challenged t...

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Bombay High Court Allows Secured Creditor's Priority Over Sales Tax Dues in MVAT Act Attachment Dispute. State Bank of India's mortgage charge on borrower's property held superior to VAT recovery under Section 32 of MVAT Act, 2002, following Central Bank of India v. State of Kerala ratio.

The State Bank of India (SBI), a secured creditor, filed a writ petition under Article 226 of the Constitution challenging the attachment of a propert...

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Bombay High Court Dismisses Tenant's Petition in Rent Control Eviction Suit for Landlord's Bona Fide Need. Landlord's Title Under Will and Bona Fide Requirement for Advocate's Office Upheld Under Section 16(1)(g) of Maharashtra Rent Control Act, 1999.

The petitioner, Manhar Auto Stores, a partnership concern, was a tenant in a shop premises owned by Dr. Hansrajbhai Shah, who executed a registered Wi...

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Bombay High Court Allows Petitioners Challenging Enquiry Under Section 88 of Maharashtra Cooperative Societies Act Against Contractors and Suppliers. Enquiry Under Section 88 Cannot Be Conducted Against Persons Who Are Not Members, Past Members, or Office Bearers of the Cooperative Society.

The judgment pertains to two writ petitions filed by M/s. Tejas Constructions (a partnership firm) and ATV Projects India Ltd. (a company) challenging...