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Bombay High Court Quashes Transfer of NRI Assessee's Case Under Section 127 of Income Tax Act, 1961 Due to Violation of Natural Justice. Show-Cause Notice Not Served and Reply Not Considered Before Centralization of Case from Mumbai to Delhi.

The petitioner, Rajiv Saxena, a Non-Resident Indian living in Dubai since 1992, filed a writ petition under Article 226 of the Constitution of India c...

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Supreme Court Holds Auction Purchaser Not Liable to Pay Unearned Increase to DDA in Compulsory Acquisition Case. Conversion Charges Refunded as Property Conveyed Was Freehold, Not Leasehold.

The Supreme Court of India heard two cross-appeals arising from a judgment of the Delhi High Court dated 30.03.2016 in LPA No.226 of 2014. The dispute...

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Bombay High Court Quashes School Management Transfer Order Due to Arbitrary Exercise of Discretion and Lack of Reasons under Secondary School Code. Non-Application of Mind and Breach of Fiduciary Duty by Trustees Rendered Order Invalid; Guidelines Framed to Fill Legislative Vacuum.

The dispute arose from the transfer of management of a school run by Matoshri Bahuuddeshiya Shikshan Sanstha, Nagpur, to another society. Two writ pet...

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Bombay High Court Dismisses Petition Challenging Termination of Probationary Employee in Airports Authority of India — No Right to Post Confirmation. Probationer's termination without stigma and in accordance with service rules does not require hearing or reasons.

The petitioner, G.N. Mohanty, was appointed as Assistant Manager (Finance) in the Airports Authority of India (AAI) on probation for two years. His pr...

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Bombay High Court Upholds Tribunal's Finding that Crane Hirer is Not a 'Dealer' Under Lease Act. Transaction of Hiring Crane with Operator is a Works Contract, Not a Sale of Right to Use Goods.

The case involves a reference under the Maharashtra Sales Tax on Transfer of Right to Use Any Goods for Any Purpose Act, 1985 (Lease Act). The respond...

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Supreme Court Dismisses Petition by Judicial Officer Seeking Reinstatement After Resignation. Transfer Found Not Illegal Under Madhya Pradesh Higher Judicial Services Transfer Policy, and Resignation Did Not Amount to Constructive Dismissal Under Constitutional and Service Law Provisions.

The petitioner, a former Additional District and Sessions Judge in Madhya Pradesh, filed a writ petition under Article 32 of the Constitution of India...

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Supreme Court Allows Appeal in Insurance Claim Case for Theft of Vehicle Purchased at Auction — Insurer Cannot Repudiate Claim on Ground of Lack of Insurable Interest When Premium Was Accepted and Policy Issued Reflecting Transferee's Name.

The appellant, M/s. Balwant Singh & Sons, purchased a vehicle at an auction conducted by ICICI Bank, the hypothecatee, after the original owner (third...

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Supreme Court Dismisses Revenue's Appeal in Service Tax Dispute on Gas Connection Charges. Measuring Equipment Installed for Supplier's Billing Purposes Not Taxable Under 'Supply of Tangible Goods Service' as Customer Does Not Use the Equipment.

The appeal arose from a judgment of the Customs, Excise & Service Tax Appellate Tribunal which set aside a demand for service tax on gas connection ch...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...