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Bombay High Court Allows Challenge to Property Tax Demands on Mobile Towers in Part. Conservancy Tax, Penalty, and Shasti on Illegal Constructions Quashed as Invalid Under Maharashtra Municipal Corporations Act.

The petitioners, Chennai Network Infrastructure Ltd. and another, carry on business of providing infrastructure services including installation and ma...

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Judicial Review of State Actions in Contractual Disputes: Evolution and Current Scope. From Traditional Boundaries to Modern Oversight: Ensuring Fairness and Transparency in State Contractual Matters

The evolution of judicial review in India regarding state actions in contractual and tender disputes. Historically, such disputes were seen as private...

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Gujarat High Court Quashes Detention Orders in PASA Cases for Non-Application of Mind. Preventive detention under Gujarat Prevention of Anti-Social Activities Act, 1985 set aside as authorities failed to consider bail orders and conditions, rendering subjective satisfaction invalid.

The petitioner, Kashyapbhai Rameshbhai Kotecha, filed multiple Special Civil Applications under Article 226 of the Constitution of India challenging t...

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Supreme Court Upholds High Court in Capital Gains Tax Case — Accrual Occurs on Date of Award, Not Notification. Transfer of Capital Asset Under Section 45 of Income-tax Act, 1961 Is Complete Only When Compensation Is Determined by Collector's Award, Even if Possession Taken Earlier.

The case concerns the assessment year 1971-1972 for the assessee Amrik Singh HUF, whose land was acquired by the Haryana Government for a college play...

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Bombay High Court Upholds Tenants' Right to Park in Building Compound as Part of Leasehold Rights — Injunction Granted Against Landlord's Interference. Parking rights held to be incidental to tenancy where rent includes parking charges and tenants have used open space from inception.

The appeal arises from a suit filed by Respondent Nos.1 to 10 (original Plaintiffs) seeking a permanent injunction against the Appellant, United India...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Contractual Dispute Over Withheld Payments. Court upholds award directing release of Rs. 2,66,48,000 with 8% interest, finding no patent illegality or perversity under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Hindustan Petroleum Corporation Ltd., challenged an arbitral award dated 2 March 2009 passed by a sole arbitrator under Section 34 of ...

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Bombay High Court Allows Writ Petitions Challenging Seizure of Vehicles Under Maharashtra Land Revenue Code — Seizure Without Notice and Opportunity of Hearing Held Illegal. Section 53 of Maharashtra Land Revenue Code, 1966 Does Not Authorize Seizure of Vehicles; Principles of Natural Justice Violated.

The petitioners filed multiple writ petitions under Article 226 of the Constitution of India before the Bombay High Court, Nagpur Bench, challenging t...

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Bombay High Court Dismisses Petition Challenging Condition in Customs Circular Requiring Bank Guarantee for Accredited Importers. Condition Requiring Bank Guarantee for Differential Duty in Provisional Assessment Held Valid as Reasonable Safeguard Under Customs Act, 1962.

The petitioner, Shah Pulp & Paper Mills Limited, challenged the legality and validity of a condition contained in paragraph 7(iii) of a circular issue...