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Bombay High Court Dismisses Petition Challenging Impleadment of Promoter in Co-operative Dispute Under Section 94(3)(c) MCS Act. Co-operative Court's Power to Implead Parties Is Not Restricted to Persons Enumerated Under Section 91(1)(a) to (e) and Includes Necessary Parties for Effective Adjudication.

The petitioners, members of Bramha Suncity Co-operative Housing Society Ltd., filed Dispute No.106/2021 before the Co-operative Court under the Mahara...

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Bombay High Court Dismisses Challenge to Section 479(2) of MMC Act, 1888 — License Fee Fixation by Commissioner Upheld. The court held that the power to fix fees is not unguided and does not violate Articles 14 or 19(1)(g) of the Constitution.

The petitioners, Rushabh Outdoors (a partnership firm) and Vandana Borse (proprietress of M/s. Synnovation), challenged the constitutional validity of...

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Bombay High Court Dismisses Writ Petition Challenging Auction Sale Under SARFAESI Act — Petitioner Failed to Deposit 25% of Sale Price. Condition Precedent Under Rule 9(3) of Security Interest (Enforcement) Rules, 2002 Not Fulfilled, and Alternative Remedy Under Section 17 of SARFAESI Act Available.

The petitioner, an individual aged about 70 years, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court c...

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Supreme Court Partially Strikes Down FCRA Amendment Act 2020 — Ban on Transfer of Foreign Funds and Mandatory Aadhaar Held Unconstitutional. The court upheld the requirement of a single FCRA account at SBI New Delhi as a reasonable regulatory measure to prevent misuse of foreign funds.

The judgment deals with a batch of writ petitions challenging the constitutional validity of certain amendments made to the Foreign Contribution (Regu...

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Bombay High Court Dismisses PIL Against Dream 11 for Alleged Gambling and GST Evasion. Fantasy Sports Held to be Game of Skill, Not Gambling Under Public Gambling Act, 1867.

The petitioner, a public-spirited advocate, filed a Public Interest Litigation seeking directions to initiate criminal prosecution against Dream 11 Fa...

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Bombay High Court Dismisses Challenge to NMMC's Property Tax Levy on MIDC Industrial Area. TTC Area Held to Be Within Municipal Limits Under 1991 Notification; No Direction to Constitute Industrial Township.

The petitioners, including Small Scale Entrepreneurs Association and Mahape Industries Welfare Association, filed a writ petition under Article 226 of...

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Bombay High Court Allows State's Writ Petition in Sales Tax Appeal Maintainability Case — Right of Appeal Under Section 55(1)(c) of Bombay Sales Tax Act, 1959 Includes State Government. The State is a 'person aggrieved' by a Commissioner's determination under Section 52 and can appeal to the Tribunal.

The State of Maharashtra filed a writ petition under Article 226 of the Constitution challenging the decision of the Sales Tax Tribunal dated 30 June ...

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Bombay High Court Upholds Octroi Levy on Imported Aircraft Parts in Customs Bonded Warehouse — Entry into Municipal Limits Occurs Upon Removal from Warehouse. Interpretation of 'Goods' and 'Entry' Under Section 192 of Mumbai Municipal Corporation Act, 1888 Confirms Levy is Valid and Not Ultra Vires.

The judgment concerns two writ petitions filed by Jet Airways (India) Ltd. and Reliance Commercial Dealers Ltd. challenging the levy of octroi by the ...