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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Failure to Disclose Material Facts. Reassessment After Four Years Invalid as Assessee Had Made Full Disclosure During Original Assessment Under Section 143(3).

The petitioner, Glaxosmithkline Pharmaceuticals Ltd., challenged a notice dated 28 March 2019 issued under Section 148 of the Income Tax Act, 1961 for...

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Bombay High Court Allows Appeal in Motor Accident Claim, Sets Aside Contributory Negligence Finding. Deceased motorcyclist hit by tempo from behind; court holds tempo driver solely negligent, enhances compensation to Rs.2,58,44,336/- with 9% interest.

The appellants, legal representatives of the deceased Anil Yadav, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging ...

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Bombay High Court Allows Writ Petition for Leave Encashment Withheld by Employer After Superannuation. Withholding of leave encashment on ground of pending departmental inquiry is impermissible as leave encashment is a vested right and not a gratuity or pension.

The petitioner, Pradip Kumar Roy, was appointed as a Junior Executive Trainee in CMPDI, Ranchi on 01/07/1981 and later transferred to the respondent-C...

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Bombay High Court Allows Employer's Writ Petitions Challenging Labour Court Awards of Reinstatement Without Back Wages. Held that daily wage employees who worked for less than 240 days in a year are not entitled to reinstatement under Section 25-F of the Industrial Disputes Act, 1947.

The judgment involves a batch of writ petitions filed by the employer, Dainik Bhaskar Group (D. B. Corp Ltd), challenging the awards of the Labour Cou...

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Bombay High Court Allows Teachers' Petition for Pay Revision Benefits - Discrimination in Pay Scales Violates Article 14. Teachers in aided schools are entitled to same pay scales as government school teachers under Goa School Education Act, 1984.

The petitioners, six teachers employed in aided and government schools in Goa, filed a writ petition seeking the benefit of revision of pay scales on ...

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Bombay High Court Allows MSRTC Petition in Guarantor Recovery Dispute — Industrial Court Order Set Aside for Lack of Employer-Employee Relationship. Co-guarantor cannot claim protection under MRTU & PULP Act against employer of principal debtor as recovery action is not an unfair labour practice.

The petitioner, Maharashtra State Road Transport Corporation (MSRTC), challenged the judgment and order dated 05.10.2016 of the Industrial Court, Nagp...

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Bombay High Court Dismisses Petition Challenging Charity Commissioner's Order Regarding Trust Property. Petitioner's claim as legatee under a 1923 Will not established; no right to challenge appointment of trustees.

The petitioner, originally Smt. Rupabai Shrikisan Lohe (deceased, represented by legal heir Rajendra Jaikishan Chandak), filed a writ petition challen...

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Bombay High Court Dismisses Husband's Petition Challenging Domestic Violence Complaint by Wife and Son. Long Separation Does Not Bar Complaint Under Protection of Women from Domestic Violence Act, 2005; Son is an Aggrieved Person.

The petitioner, Kishor Kale, filed a criminal writ petition challenging the proceedings in Misc. Criminal Complaint Case No.314/2007 filed by his wife...

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Bombay High Court Dismisses Appeal in Will Construction Case — No Substantial Question of Law Found. Interpretation of Will and Codicil Held to Be a Question of Fact, Not Law, Under Section 100 CPC.

The case involves a First Appeal registered as such but to be decided as a Second Appeal under Section 100 of the Code of Civil Procedure, 1908. The a...