Search Results for "Maharashtra Act 1961"

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Bombay High Court Addresses De Novo Trial Requirement Under Section 138 NI Act Upon Transfer of Presiding Judge. The court held that successor judge has discretion to proceed from the stage of transfer but must ensure no prejudice to the accused.

This group of matters involves a common legal question regarding the requirement of a de novo trial in proceedings under Section 138 of the Negotiable...

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Supreme Court Upholds Conviction in NDPS Case but Reduces Sentence — Recovery of 13 Kg Charas from Dhaba Counter. Conscious possession established as appellant was managing the dhaba and contraband found below counter; sentence reduced from 15 to 10 years considering age and first offence.

The Supreme Court dismissed the appeal of Jeet Ram against his conviction under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985...

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Bombay High Court Quashes Lease Agreement for Masunda Lake Without Tenders - Violation of Article 14 and Municipal Corporation Act. The court held that a 25-year lease granted by Thane Municipal Corporation without public advertisement or tender process is arbitrary and illegal.

The petitioner, Sonalaxmi Machhimar Sahakari Society Ltd., a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, cha...

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Bombay High Court Dismisses Petition Seeking Renewal of Lease Under Article 226 — No Obligation on Collector to Renew Lease in Absence of Statutory or Contractual Right. Lease Renewal Claim Fails as Lease Deed Contained No Covenant for Renewal and Writ Jurisdiction Cannot Enforce Mere Contractual Right.

The petitioners, M/s Redstone Realtors and another, a firm engaged in property development, filed a writ petition under Article 226 of the Constitutio...

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Supreme Court Dismisses Appeal by Power Generator Against Termination of PPA — Holds That Failure to Secure Fuel Supply Agreement Does Not Justify Termination Where PPA Does Not Condition Power Supply on Specific Coal Source

The case involves a dispute between M/s Adani Power (Mundra) Ltd. (appellant) and Gujarat Electricity Regulatory Commission and others (respondents), ...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 for Lack of Valid Approval Under Section 151. Reassessment Notice Issued Beyond Six Years Without Proper Sanction from Specified Authority Held Invalid.

The petitioner, Vibrant Securities Pvt. Ltd., a member of the Bombay Stock Exchange and National Stock Exchange, challenged a reassessment notice date...

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Bombay High Court Allows Petition Challenging Cooperative Society's Bye-Law Amendment and Appointment of Administrator. Court holds that amendment to bye-laws requiring members to pay additional contribution for non-residential use is ultra vires the Maharashtra Cooperative Societies Act, 1960.

The petitioners, Balaji Tower Coop. Housing Society Ltd. and Parthasarathy Rangachari, filed a writ petition challenging the amendment to bye-law 28A ...

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Supreme Court Allows Revenue's Appeals in Income Tax Case on Disallowance of Excess Cane Price Paid by Cooperative Society. Excess Payment Over Statutory Price Under Sugarcane (Control) Order, 1966 Held Not Deductible as Business Expenditure Under Section 37(1) of Income Tax Act, 1961.

The case involves a batch of appeals by the Commissioner of Income Tax, Bombay against the assessee, Tasgaon Taluka Sahakari Sikhar Karkhana Limited, ...

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Bombay High Court Dismisses Petition by Cooperative Bank Challenging Appointment of Administrator Under Maharashtra Cooperative Societies Act. Court holds that the Registrar's satisfaction regarding supersession of board is subjective and not open to judicial review unless mala fides or perversity is shown.

The petitioner, Janakalyan Sahakari Bank Limited, a cooperative bank, filed a writ petition challenging the appointment of an administrator by the Dis...