Search Results for "Legal Fiction"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Legal Fiction"

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Supreme Court

Supreme Court Upholds Dissolution of Private University for Non-Compliance with Statutory Appointment Procedure — Visitor's Directions and Dissolution Order Valid as University Failed to Obtain Approval for Chancellor's Appointment. The Court held that the appointment of Chancellor under Section 14(1) of the Chandra Mohan Jha University Act, 2009 requires prior approval of the Visitor, and the University cannot assume deemed approval.

21 Mar 2025

The case pertains to the dissolution of CMJ University, a private university established under the Chandra Mohan Jha University Act, 2009 (the Act) by...

High Court

GST on Advances for Future Supplies: Examining Constitutional Validity. Evaluating GST's application to unutilized advances and its constitutionality.

14 Nov 2024

The L&T IHI Consortium, a collaboration between Larsen & Toubro Ltd. (L&T) and IHI Infrastructure Systems Co. Ltd., Japan, challenged the ...

High Court

Bombay High Court Allows Revenue's Appeal in Income Tax Registration Case — No Deemed Registration Under Section 12AA(2) of Income Tax Act, 1961. The court held that the absence of a deeming provision in Section 12AA(2) means that failure to decide an application within six months does not result in automatic deemed registration.

21 Oct 2024

The case involved an appeal by the Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal (ITAT) which had granted deemed re...

High Court

Bombay High Court Allows MSME to Claim VSV Scheme Benefits Despite Reclassification as 'Not an MSME' — Legal Fiction Under Clause 8(5) Notification Extends Non-Tax Benefits for Three Years. The Court held that the Petitioner, re-classified as 'not an MSME' on 9th May 2023, is entitled to the benefit of Clause 8(5) of Notification S.O. 2119(E) dated 26th June 2020 (as substituted on 18th October 2022), which deems it to be a Medium Enterprise for non-tax benefits for three years, and thus eligible for the VSV Scheme.

13 Aug 2024

The Petitioner, Marine Electricals India Ltd., is a company engaged in electronic automation, information, communication, and technical solutions, and...

High Court

Bombay High Court Dismisses Petitions Challenging Industrial Dispute Reference Under Section 10 of Industrial Disputes Act, 1947 — Government's Satisfaction for Reference Not Open to Judicial Review on Merits.

17 Feb 2023

The judgment pertains to two writ petitions filed by Harinagar Sugar Mills Ltd. and Shangrila Food Products Ltd. challenging the order of reference ma...

High Court

Bombay High Court Allows Landowners' Petition Challenging Revival of Lapsed Land Reservation Under Section 127 of MRTP Act. Reservation for playground deemed lapsed due to non-acquisition within statutory period cannot be revived by inclusion in final development plan.

13 Jul 2022

The petitioners, owners of land in Akola, challenged the inclusion of their land in the final development plan despite the reservation having lapsed u...

High Court

Bombay High Court Upholds Disqualification of Municipal Councillor for Defying Party Whip Under Maharashtra Local Authority Members Disqualification Act, 1986. The Court held that the Petitioner's act of voting against the party whip constituted defiance, warranting disqualification under Section 3(1)(b) of the Act.

18 Jul 2014

The Petitioner, Mrs. Sulabha Vijay Lokhande, was a Municipal Councillor in Panchgani Municipal Council, elected as an independent candidate in Decembe...

High Court

Bombay High Court Upholds Constitutional Validity of Maharashtra Tax on Lotteries, Betting and Gambling Act, 2006 — Levy on Entry Fee for Games of Skill and Chance Upheld. The Court held that the tax on entry fee for games like poker, rummy, and bridge is a valid compensatory tax under Entry 62 of List II of the Seventh Schedule to the Constitution of India.

10 Apr 2012

The judgment concerns a batch of writ petitions challenging the constitutional validity of the Maharashtra Tax on Lotteries, Betting and Gambling Act,...

High Court

Bombay High Court Allows Department's Appeal, Holds CESTAT Has Power to Condon Delay Under Section 129A(5) of Customs Act, 1962. The Court Remanded the Matter for Consideration of Condonation of Delay on Merits, Ruling That Appeals Under Section 129D(3) Are Deemed Appeals Under Section 129A and Thus Subject to the Same Condonation Power.

13 Aug 2010

The Commissioner of Customs (Gen), Mumbai, filed an appeal before the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) against an order of ...

High Court

Bombay High Court Allows Deduction Under Section 54E for Deemed Short-Term Capital Gains Under Section 50 of Income Tax Act, 1961. The Court held that Section 54E does not restrict deduction only to long-term capital gains and the deeming provision under Section 50 does not alter the character of the asset as a capital asset.

7 Mar 2005

The Commissioner of Income Tax, Mumbai City-II, appealed against the order of the Income Tax Appellate Tribunal which allowed deduction under Section ...

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