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Supreme Court Restores Personal Insolvency Proceedings Against Personal Guarantor – High Court’s Judicial Review Set Aside

Interpretation of Insolvency and Bankruptcy Code, 2016 – Limits of High Court’s Jurisdiction Under Article 226 of the Constitution of India The S...

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Bombay High Court Set Aside the Debt Recovery Appellate Tribunal’s (DRAT) Order — Directs DRAT to Decide Appeals on Merits. Revisiting the Scope of Appellate Authority and Jurisdiction — Emphasis on Avoiding Routine Remands — Upholding Judicial Efficiency and Finality of Decisions

The DRAT, as an appellate authority, has the duty to decide all issues based on the material available on record. Routine and unjustified remands del...

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Assessment proceedings cannot be reopened based on change of opinion within 4 years – Notice under Section 148 declared without jurisdiction.

Bombay High Court Quashed Reassessment Notice Issued Under Section 148 of the Income Tax Act, 1961 Constitution of India, 1950 – Article 226 – Wr...

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Supreme Court Quashed Criminal Defamation Proceedings Against Editorial Director and Journalists for Non-Compliance with Section 202 CrPC

Issuance of Summons Without Mandatory Inquiry Under Section 202 Code of Criminal Procedure, 1973 (CrPC) Held Vitiated – No Presumption Against Edito...

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Bombay High Court Declared Reassessment Notice Under Section 148 Of The Income-Tax Act, 1961 As Without Jurisdiction – Held That Search-Based Proceedings Should Have Been Initiated Under Section 153C

Search-Based Reassessment – Jurisdictional Defect – Section 153C Overrides Section 147 & Section 148 – Lack Of Independent Material For Reas...

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Tenant’s Right to Purchase Tenanted Land Under Maharashtra Tenancy and Agricultural Lands Act, 1948 – Whether Barred by Res Judicata and Failure to Issue Intimation Within Statutory Period?

Landlord’s Obligation to Intimate Tenant of Attaining Majority – Retrospective Application of 1969 Amendment – Tenant’s Right to Purchase Land...

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Reinstatement of Terminated Teacher — Vitiated Inquiry Proceedings — Real Likelihood of Bias — Full Back Wages Awarded — Application of Principles of Natural Justice

High Court upheld the Tribunal’s decision — Confirmed reinstatement of Respondent No.1 — Directed payment of full back wages — Found the inqui...

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Apportionment Dispute in Compensation—Land Acquisition Officer (LAO) Lacked Jurisdiction—Dispute to be Referred to Civil Court

Maharashtra Highways Act, 1955—Section 19C(4)—Apportionment dispute in compensation for acquired land—LAO had no authority to decide—Matter to...

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Constitution Of India – Income Tax Act, 1961 – Section 12A – Advisory Communication – Maintainability Of Appeal – Jurisdiction Of Income Tax Appellate Tribunal

Bombay High Court held – Advisory communication from Director of Income Tax (Exemptions) regarding modification of objects did not amount to cancell...