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Bombay High Court Dismisses Petitions Challenging Income Tax Search and Seizure Action Under Section 132 of the Income Tax Act, 1961. Court Holds That Formation of Reason to Believe by the Authorizing Officer Is Based on Material on Record and Not Open to Challenge Unless Malafide or No Material Exists.

The petitioners, a private limited company and its directors and their relatives, challenged the search and seizure action conducted on 9th and 10th J...

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Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...

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Bombay High Court Dismisses Petition Challenging Demolition of Illegal Construction on Gaothan Land — Upholds Municipal Action Under MRTP Act. Held that construction without valid permission is liable for demolition without prior notice.

The petitioners, Jamshid Kersi Dalal and others, filed a writ petition challenging the demolition of their building constructed on gaothan land in Pun...

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Bombay High Court Admits Central Excise Appeal on Conditional Exemption and Cenvat Credit. The Appeal Raises Substantial Questions of Law Regarding Notification No.6/2006-C.E. and Credit on Aggregates Used in Export.

The Bombay High Court heard a central excise appeal filed by Mahindra & Mahindra Ltd. against the Commissioner of Central Excise, Mumbai-V. The appell...

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Bombay High Court Quashes Dismissal Order in Disciplinary Proceeding Due to Non-Payment of Subsistence Allowance. Employer's Failure to Pay Subsistence Allowance During Suspension Renders Enquiry and Consequential Dismissal Void Ab Initio.

The petitioner, Devisingh Sandusingh Rajput, was employed as Manager (Development) with the Marathwada Development Corporation Ltd., a State Governmen...

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Bombay High Court Allows Deemed Promotion to Retired Employee Despite Disciplinary Proceedings — Employer Cannot Ignore Exoneration by Enquiry Officer. Stigmatic remarks in disagreement order set aside as promotion cannot be denied when employee is exonerated of all charges.

The petitioner, Rajendra S/o Baburao Patil, a retired employee of Zilla Parishad, Jalgaon, filed a writ petition seeking deemed date of promotion to t...

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Bombay High Court Quashes De Novo Trial Order in Summary Case — Section 326(3) CrPC Does Not Mandate Retrial When Evidence Already Recorded by Predecessor Magistrate. Successor Magistrate Can Proceed from Stage of Final Arguments.

The petitioner, Ulhas s/o Fulchand Rathod, was being tried in Summary Criminal Case No. 597/2008 for offences under Sections 143, 294, 341, 504, 506 o...

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KAHC010792792011_1

Background: The dispute centered around two agricultural lands in Kenchanahalli village originally owned by one Siddagirigowda. His first wife Thopamm...