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Bombay High Court Dismisses Market Committee's Petition Challenging Quashing of Market Fee Demand on Processed Chicken. Processing of Chicken Does Not Constitute 'Sale' of Agricultural Produce Under the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963.

The petitioners, Agricultural Produce Market Committee, Panvel, and its Chairman, filed a writ petition under Article 226 of the Constitution of India...

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Bombay High Court Allows Revision Petition Under Section 264 of Income Tax Act Despite Retrospective Amendment After Assessment Order. Commissioner Must Consider Retrospective Amendment as Law Deemed to Exist on Date of Assessment Order.

The petitioner, Kalpesh M. Nagda, filed his return of income for Assessment Year 2003-2004 on 25 November 2003, declaring total income of Rs.48,22,312...

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Bombay High Court Dismisses Pre-Execution Challenge to COFEPOSA Detention Order for Lack of Grounds Under Alka Subhash Gadia Criteria. Petitioner's Argument That Detention Was for Wrong Purpose Rejected as Activities Constituted Smuggling, Not Mere Abetment.

The petitioner, Suresh Kumar U. Jain @ Sanjay Srinath Rana, filed a Criminal Writ Petition under Article 226 of the Constitution of India challenging ...

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Bombay High Court Upholds Conviction of Appellant in NDPS Act Case for Smuggling Heroin in Suitcases. Circumstantial Evidence Including Possession of Keys, Baggage Tags, and Concealment of Contraband Sufficient to Prove Conscious Possession Under Section 21(c) of NDPS Act, 1985.

The appellant, Mrs. Agnes Ruddy Odhoch, a Kenyan national, was convicted by the Special Judge, Greater Mumbai, for offences under Sections 21(c), 23(c...

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Bombay High Court Allows Petition of Disabled Employee Against Private Company for Violation of Persons with Disabilities Act, 1995. Employer Directed to Re-Employ or Pay Compensation for Hearing Loss Acquired Due to Unsafe Work Environment.

The petitioner, Shree Satish Prabhakar Padhye, a person with hearing disability, filed a writ petition under Article 226 of the Constitution of India ...

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Bombay High Court Allows Writ Petition by Mutual Fund Against Sales Tax Reassessment Orders — Holds Mutual Fund Not a Dealer Under MVAT Act, 2002. Reassessment Proceedings Initiated Beyond Limitation Period and Without Proper Sanction Are Invalid.

The petitioner, Axis Mutual Fund, filed a writ petition under Article 226 of the Constitution of India challenging several orders passed by the sales ...

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High Court of Karnataka Dismisses Petitions Challenging Validity of Proviso to Section 115JB(6) of Income Tax Act in SEZ Cases. The court held that the proviso inserted by Finance Act, 2011 is not ultra vires the SEZ Act and is valid and enforceable.

The case involves a batch of writ petitions filed by companies operating in Special Economic Zones (SEZs) challenging the constitutional validity of t...

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Bombay High Court Considers Maintainability of Commercial Appeals Against Interim Orders in Trademark Infringement Suits. Preliminary Objection Raised That Orders Impugned Do Not Fall Within Appealable Categories Under Section 13(1A) of Commercial Courts Act, 2015 as Amended.

These two commercial appeals were filed by the original defendants in intellectual property suits pending before the Bombay High Court. The suits, ins...