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Bombay High Court Dismisses Revenue Appeals in Service Tax on Maintenance Charges — Management, Maintenance or Repair Service Not Attracted. Amounts collected as maintenance charges for upkeep of apartment premises are not subject to service tax under the Finance Act, 1994.

The judgment involves three appeals filed by the Commissioner of Service Tax/Central Excise against orders of the Customs, Excise & Service Tax Appell...

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Bombay High Court Dismisses Writ Petitions Seeking Land Allotment for Housing Society Due to Lack of Enforceable Right and Laches. Petitioner failed to establish any legal right to allotment of government land under the Maharashtra Land Revenue Code, 1966, and the claim was barred by delay and laches.

The petitioner, Pandurang Tukaram Kamble, as Chief Promoter of a proposed housing society, filed two writ petitions seeking allotment of 2.5 acres of ...

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Supreme Court Allows Appeals in Pre-emption Suit, Holding That Right of Pre-emption Is a Weak Right and Must Be Strictly Proved — Plaintiff Failed to Establish Superior Right Under Punjab Pre-emption Act, 1913.

The present appeals arise from a common judgment of the Punjab and Haryana High Court dated 17.08.2007, which allowed two second appeals (RSA No.1470/...

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Bombay High Court Allows MCGM to Construct Public Toilet on Reserved Plot, Sets Aside Injunction. Trial Court's Interim Order Restraining Construction of Public Toilet on CTS No. 418 Was Passed Without Considering Statutory Reservation Under MRTP Act and DCR 33.

The case involves an appeal by the Municipal Corporation of Greater Mumbai (Defendant No. 1) against an interim injunction granted by the City Civil C...

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Karnataka High Court Upholds Rule 4(2)(a) of Karnataka Pre-University Education Rules, 2006 Requiring Prior Approval for Opening New Pre-University Colleges. Education Trust's Challenge Dismissed as Rule is Valid and Not Ultra Vires.

The appellant, Chetana Education Trust, an education trust established to provide education to children in Karnataka, had established 13 pre-universit...