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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

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High Court

Bombay High Court Allows Writ Petition by Secured Creditor Against Tax Recovery Attachment — Priority of Secured Creditor Over Crown Debts Upheld Under SARFAESI Act. The court held that Section 26E of the SARFAESI Act gives priority to secured creditors over income tax dues, and the attachment order passed after creation of security interest is void.

28 Jul 2021

The petitioner, Edelweiss Asset Reconstruction Co. Ltd., a securitization and asset reconstruction company registered under the SARFAESI Act, 2002, fi...

High Court

Bombay High Court Quashes Wilful Defaulter Declaration Against Directors Due to Violation of Natural Justice. Show-Cause Notice Not Served to Directors Individually, Only to Company, Rendering WDIC and Review Committee Orders Unsustainable.

1 Dec 2021

The petitioners, who are directors of M/s. Universal Industrial Equipments and Technical Services Pvt. Ltd., challenged orders dated 07.12.2020 and 26...

High Court

High Court of Bombay Allows Encashment of Bank Guarantee in Winding Up Proceedings — Security Deposit Refund Ordered. Court held that failure to finalize leave and license agreement within extended period entitled applicant to refund of security deposit, and bank guarantee furnished pursuant to consent order could be encashed upon expiry.

2 Jan 2020

The applicant, Palladian Hotels Private Limited, filed a company application seeking an order to encash a bank guarantee of Rs.38,53,000/- furnished b...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging DRT Order in SARFAESI Matter — No Interference with Possession Notice as Debtor Failed to Discharge Liability. Court Held That Writ Jurisdiction Under Article 226 Cannot Be Used to Circumvent Statutory Remedy Under Section 17 of SARFAESI Act, 2002.

3 Feb 2025

The petitioners, Sri S.V. Ramaswamy, Mrs. Usha Ramaswamy, and R.K. Associates (a partnership firm), filed a writ petition under Article 226 of the Con...

High Court

Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Fresh Material — Mere Change of Opinion Not Sufficient to Reopen Assessment After Scrutiny. The court held that reopening based on same material considered during scrutiny assessment is invalid as it amounts to a change of opinion.

4 Mar 2010

The petitioner, Rallis India Limited, filed its return of income for assessment year 2004-2005 declaring a loss of Rs.52.87 crores, which included a d...

High Court

Bombay High Court Allows Appeal Against Condition of Security for Vacating Arrest of Cargo in Admiralty Suit - Cargo Owner Not Liable for Demurrage and Port Charges as They Are Not Party to Contract of Carriage

23 Mar 2010

The appellant, Best Food International Pvt. Ltd., filed an appeal under Clause 15 of the Letters Patent against an order dated 4th February 2010 passe...

High Court

Bombay High Court Dismisses Revenue Appeal on Technical Know-how Fees and Duty Free Advance Licence Issues. Technical know-how fees paid under non-exclusive licence for limited period held revenue expenditure; Duty Free Advance Licence not real income under Section 28(iv) of Income Tax Act, 1961.

22 Mar 2010

The appeal by the Revenue challenged the order of the Income Tax Appellate Tribunal regarding assessment year 1999-2000. The assessee, M/s Essel Propa...

High Court

Bombay High Court Dismisses Petitions Challenging AAIFR Order Rejecting Revival Scheme for Sick Company Under SICA. The court held that the AAIFR's findings on non-compliance and lack of feasibility were based on evidence and not perverse, thus no interference under Article 226 was warranted.

29 Jul 2011

This group of writ petitions challenges a common order dated 28/5/2010 passed by the Appellate Authority for Industrial and Financial Reconstruction (...

High Court

Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Reason to Believe — Mere Change of Opinion Not Sufficient for Reassessment. The court held that the Assessing Officer had already applied his mind to the depreciation claim during original assessment and the subsequent reopening on the same issue without fresh tangible material was impermissible.

20 Oct 2011

The petitioner, Indo European Breweries Ltd., challenged a notice dated 17 March 2011 issued under Section 148(1) of the Income Tax Act, 1961 seeking ...

High Court

Bombay High Court Dismisses Writ Petition Challenging DRT Recovery Officer's Confirmation of Private Sale. Court Holds That Once Sale Is Confirmed and Possession Delivered, Remedy Lies in Civil Suit for Damages, Not in Writ Jurisdiction Under Articles 226 and 227 of Constitution of India.

29 Nov 2011

The petitioners, Shaikh Gulab Shaikh Ahmed and Ambadas Maruti Kale, filed a writ petition under Articles 226 and 227 of the Constitution of India chal...

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