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Bombay High Court Quashes Reassessment Order in Capital Gains Tax Case — Transfer of Shares of Foreign Company Not Taxable in India. Shares of a Bermuda company transferred outside India do not constitute transfer of a capital asset situated in India under Section 2(14) of the Income Tax Act, 1961.

The petitioner, Techpac Holdings Ltd., a company incorporated in Bermuda, challenged an assessment order dated 25th March 2013 passed by the Deputy Co...

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Bombay High Court Examines Jurisdiction of Assistant Registrar under Bombay Moneylenders Act to Nullify Registered Sale Deeds. Multiple writ petitions challenge orders directing reconveyance of agricultural land alleged to be security for unlicensed money lending.

The High Court of Bombay, Nagpur Bench, heard a batch of 21 writ petitions collectively, all challenging orders passed by the Taluka Assistant Registr...

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Bombay High Court Quashes Show-Cause Notice in Hoarding Removal Case Due to Premeditated Decision — Show-Cause Notice Issued by Deputy Municipal Commissioner Conveyed Final Decision Without Leaving Scope for Genuine Response, Violating Principles of Natural Justice.

The petitioners, M/s Sine Fine Advertising Pvt. Ltd. and its director, challenged a show-cause notice dated 11/01/2023 issued by the Deputy Municipal ...

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Bombay High Court Upholds Reservation for SC/ST in Direct Recruitment to District Judge Posts — Backlog Vacancies Filled by Lowering Cut-Off Marks Valid Under Articles 16(4A) and 16(4B) of the Constitution.

The judgment concerns a batch of writ petitions filed by general category candidates challenging the decision of the High Court of Judicature at Bomba...

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Bombay High Court Allows Modvat Credit in Central Excise Case Due to Lockout Causing Delay in Receipt of Goods. Notification dated 30.3.1994 restricting credit after 30.6.1994 for gate passes issued before 1.4.1994 held inapplicable where delay was due to lockout, a force majeure event.

The petitioners, N R C Limited and Mr. Ashokan A., filed a writ petition under Article 226 of the Constitution of India challenging a Notification dat...

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High Court of Karnataka Delivers Order on Writ Petition Challenging Compromise Decree and Execution Proceedings — Fraud and Non-Alienation Clause Under Section 61 of Karnataka Land Reforms Act, 1961 Considered

The petitioners, judgment debtors in a compromise decree, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to set...

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High Court of Judicature at Bombay Upholds Arbitral Award in Favor of Oil Corporation in Kerosene Supply Contract Dispute. Arbitrator Had Rejected Limitation Defense Under Contractual Clause and Held Clause Not Void Under Section 28 of Indian Contract Act.

The matter arose from an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996, filed by the original respondent in the ...

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Bombay High Court Dismisses Petition Challenging Demolition of Sheds by Municipal Corporation. Petitioner Failed to Produce Authorization Under Section 351 of Mumbai Municipal Corporation Act, 1888, Hence Demolition Upheld.

The petitioner, M/s Sub Vijay International Pvt Ltd, owned property bearing CTS No. 11A in Aksa, Borivali, Mumbai. On 13th April 1999, the Deputy Cont...

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Bombay High Court Dismisses Petitions Challenging Mutation Entries in Land Revenue Records, Upholding Concurrent Findings of Civil Courts. Petitioners failed to establish possession or title over suit lands; mutation entries held not conferring title under Maharashtra Land Revenue Code, 1966.

The case involves multiple writ petitions filed by various petitioners challenging mutation entries made in the revenue records in favor of the origin...