Search Results for "Disposal"

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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 Dismisses Revenue's Challenge to Settlement Commission Order in International Taxation Case — Transfer Pricing Adjustments Not Required for Non-Resident Entities Without PE in India. Settlement Commission has exclusive jurisdiction to determine tax liability of non-resident entities, and transfer pricing provisions under Chapter X of Income Tax Act, 1961 do not apply to non-residents without permanent establishment in India.

28 Feb 2014

The case involves a writ petition filed by the Director of Income Tax (International Taxation), Mumbai, challenging an order dated 31 January 2008 pas...

High Court

Bombay High Court Directs Disposal of Section 28A Applications Despite Pending Appeals in Land Acquisition Case. Landowners' Applications for Redetermination of Compensation Cannot Be Kept Pending Solely Due to Pendency of State's Appeals Against Reference Court Award.

7 Feb 2014

The petitioners were owners of lands acquired under the Land Acquisition Act, 1894. An award under Section 11 was made in 1988. In 1999, they filed ap...

High Court

Bombay High Court Quashes ITAT's Interim Refund Order in Pending Appeal — Tribunal Cannot Direct Refund Without Adjudicating Merits Under Income Tax Act, 1961. The court held that the Income Tax Appellate Tribunal lacks jurisdiction to grant interim relief without hearing the main appeal, as it would render the appeal infructuous and cause prejudice to the revenue.

4 Feb 2014

The Director of Income Tax (Exemption), Mumbai, filed a writ petition challenging an order dated 25 November 2013 passed by the Income Tax Appellate T...

High Court

Bombay High Court Dismisses Revision Application in Suit for Specific Performance and Injunction — Concurrent Findings of Fact Cannot Be Reopened Under Section 115 CPC. The court held that a revision under Section 115 of the Code of Civil Procedure, 1908 is not maintainable against concurrent findings of fact unless there is a jurisdictional error or perversity.

30 Nov -0001

The case involves a civil revision application filed by the original defendants (applicants) against the concurrent findings of fact recorded by the t...

High Court

Bombay High Court Dismisses Petition Challenging MIDC's Reservation of Open Space for Staff Housing. Petitioner's claim for allotment of reserved open space fails as no legal right established and policy decisions of MIDC upheld.

9 May 2014

The petitioner, a society of industrial members in MIDC Jalgaon area, filed a writ petition challenging communications dated July 3, 2002 and July 8, ...

High Court

Bombay High Court Directs Expeditious Disposal of Summary Criminal Case Under Bombay MoneyLenders Act, 1946 — Invokes Section 483 CrPC for Speedy Trial. Court exercises superintendence power to ensure disposal within six months where plea already recorded in 2009.

27 Apr 2015

The petitioners, Gajanfarkha s/o Roshankha Pathan and Nadekha s/o Roshankha Pathan, filed a Criminal Writ Petition before the Bombay High Court, Nagpu...

High Court

Bombay High Court Allows Wife's Petition Against Maintenance Order to Husband, Sets Aside Impugned Order on Grounds of Wife's Unemployment and Lack of Income. The court held that under Section 24 of the Hindu Marriage Act, 1955, a spouse must have independent income to be liable to pay maintenance, and the wife's unemployment and lack of income disentitled the husband to interim maintenance.

3 Feb 2016

The petitioner wife challenged an order dated 7 September 2015 passed by the Family Court, Pune, directing her to pay interim maintenance to the respo...

High Court

Bombay High Court at Goa Dismisses PIL Alleging Illegal Construction and Environmental Violations in Navelim — No Specific Violation of Law Found. The court held that the petitioners failed to establish any illegality in the constructions or environmental violations, and the authorities were taking adequate steps.

16 Dec 2020

The petitioners, Navelim Civic & Consumer Forum and six residents, filed a Public Interest Litigation before the Bombay High Court at Goa alleging ill...

High Court

Bombay High Court Allows Petition in Debt Recovery Pre-deposit Dispute — Holds Section 21 Not Applicable at Condonation Stage. The court ruled that the pre-deposit requirement under Section 21 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 applies only at the stage of entertainment of appeal, not at the stage of considering an application for condonation of delay.

18 Mar 2016

The petitioners, M/s. Deluxe Cotton Corporation and others, challenged an order dated 14 July 2014 of the Debt Recovery Appellate Tribunal (DRAT), Mum...

High Court

Bombay High Court Allows Petition in Debt Recovery Pre-deposit Dispute — Holds Pre-deposit Not Required at Condonation of Delay Stage. The court ruled that Section 21 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 does not mandate pre-deposit before considering an application for condonation of delay in filing an appeal under Section 20 of the Act.

18 Mar 2016

The petitioners, M/s. Deluxe Cotton Corporation and others, challenged an order dated 14 July 2014 passed by the Debt Recovery Appellate Tribunal (DRA...

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