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High Court of Judicature at Bombay Dismisses Writ Petition Against Service Tax on Seed Supply and Allows Writ Against Sales Tax on Franchise Agreement. Technology-Embedded Seed Supply Held to Be a Sale Under MVAT Act, While Franchise Licensing Held to Be a Service Under Finance Act.

The High Court of Judicature at Bombay heard together two writ petitions concerning the tax characterisation of commercial transactions under the serv...

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Bombay High Court Dismisses Monsanto's Petition on Seed Supply as Sale, Allows Subway's Petition on Franchise as Service. Court Holds That Impregnated Seed Supply is Sale of Goods Under Maharashtra Value Added Tax Act, 2002, While Franchise Agreement is Not a Deemed Sale of Intellectual Property Rights.

The Bombay High Court adjudicated two writ petitions tagged together, raising the common issue of whether certain transactions were liable to service ...

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Bombay High Court Dismisses Challenge to Section 479(2) of MMC Act, 1888 — License Fee Fixation by Commissioner Upheld. The court held that the power to fix fees is not unguided and does not violate Articles 14 or 19(1)(g) of the Constitution.

The petitioners, Rushabh Outdoors (a partnership firm) and Vandana Borse (proprietress of M/s. Synnovation), challenged the constitutional validity of...

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Bombay High Court Dismisses Tenants' Petition Challenging Inspection Order Under Section 28 of Maharashtra Rent Act. Landlord's Application for Measurement of Tenanted Premises Allowed to Ascertain Area for Reconstruction Undertaking Under Section 16(6)(d).

The petitioners, tenants of suit premises, challenged an order passed by the Judge, Small Causes Court, Bombay, allowing the respondent landlord's app...

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Madras High Court Quashes Reference in Industrial Dispute Against Minority School — Lack of Jurisdiction Under Industrial Disputes Act. School Employee's Dispute Not an 'Industrial Dispute' as School is Not an 'Industry' Under Section 2(j) of Industrial Disputes Act, 1947.

The petitioner, Amalorpavam Higher Secondary School, an unaided private minority school recognized under the National Commission for Minority Educatio...

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Supreme Court Hears Appeals Against Orissa High Court's Order Quashing Land Settlement in Favour of Temple Managing Committee; Issue of 'Amrutamanohi' Lands Under OEA Act and Temple Act

The dispute centered on the settlement of certain lands in Puri, known as 'amrutamanohi' properties, which were claimed to be part of the endowments o...

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High Court of Bombay Dismisses Appeal Against CLB Order Refusing Transfer of Company Petition. Chairman's Quasi-Judicial Order Held Amenable to Section 10F but Lacks Power to Transfer Part-Heard Matter or Constitute Special Bench.

The appeal arose from an order of the Chairman, Company Law Board (CLB) rejecting an application to transfer a partly-heard company petition from the ...

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Bombay High Court at Goa Dismisses Writ Petitions Challenging Demolition of Illegal Construction in CRZ Area Due to Suppression of Facts and Lack of Locus Standi. Petitioner, not being owner of land, cannot challenge demolition; suppression of earlier proceedings disentitles relief.

The petitioner, Nandlal Khemka, filed multiple writ petitions challenging the demolition of structures on survey no. 46/1 at Candolim, Bardez, Goa. Th...

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Bombay High Court Dismisses Writ Petitions Challenging Eviction Order in Caretaker Agreement Dispute. Licensee Not Entitled to Tenancy Protection Under Section 15A of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 as Agreement Was Not Bona Fide.

The case involves a dispute over Flat No.5, Sagar Mahal, Walkeshwar Road, Mumbai. The respondent, Dr. G.S. Shah, a medical doctor employed with Centra...