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High Court Adjudicates Appeal for Enhancement of Motor Accident Compensation — Loss of Income Assessment and Future Prospects Under Section 166 of the Motor Vehicles Act, 1988 Considered.

This first appeal arises from the judgment and award dated 16.08.2004 passed by the Motor Accident Claims Tribunal, Ahmednagar in MACP No.822/2000, wh...

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Supreme Court Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Time was of the essence in the agreement for sale dated 25.04.2007, and the plaintiff did not demonstrate continuous readiness and willingness to perform his part of the contract.

The appeal arose from a suit for specific performance of an agreement for sale dated 25.04.2007 between the plaintiff (appellant) and the defendant (r...

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Bombay High Court Quashes Reassessment Notices for Lack of Reasonable Belief of Income Escapement — Section 148 Income Tax Act, 1961. Reopening of assessments based on mere change of opinion without tangible material is invalid.

The petitioner, Amar Hotchand Nagpal, a finance and estate broker, challenged three notices dated 23rd September 1997 issued under Section 148 of the ...

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Bombay High Court Quashes Disqualification of Gram Panchayat Members for Non-Payment of Tax by Husband/Father-in-Law. Holds That Section 14(1)(j) of Maharashtra Village Panchayats Act, 1959 Does Not Impose Vicarious Liability for Spouse's Tax Default.

The Bombay High Court at Aurangabad, through Justice Sanjay A. Deshmukh, allowed two writ petitions challenging the disqualification of the petitioner...

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Bombay High Court Dismisses Revenue's Petition Challenging Tribunal's Recall Order in Hawala Income Tax Case. Tribunal's power to recall its ex parte order under Section 254(2) of the Income Tax Act, 1961 is upheld as procedural rectification.

The case involves a writ petition filed by the Commissioner of Income Tax-12, Mumbai (Revenue) under Article 226 of the Constitution of India, challen...

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Bombay High Court Allows Municipal Corporation's Petition to Dismiss Corrupt Employee Despite Minor Wage Deduction. Serious misconduct of diverting octroi refund and receiving illegal gratification outweighs technical non-compliance under Section 33(2)(b) of Industrial Disputes Act, 1947.

The Petitioner, Municipal Corporation of Greater Mumbai, challenged the judgment and order dated 7 May 2010 passed by the Industrial Tribunal, Mumbai,...

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Bombay High Court Dismisses Revision Applications in Rent Control Dispute — Licence vs. Lease Determination Under Bombay Rent Act, 1947. Agreement for use of shop premises held to be a lease, not a licence, based on exclusive possession and intention of parties.

The case involves two Civil Revision Applications filed by Messrs Miscellenary Marketers Pvt. Ltd. (defendants) against Messrs SunNSand Pvt. Ltd. (pla...

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Bombay High Court Dismisses Revision Applications in Rent Control Dispute — Licence vs. Lease Determination. Court upholds findings that agreement was a lease under Transfer of Property Act, not a licence, and that tenant sublet premises without consent, violating Bombay Rent Act.

The case involves two Civil Revision Applications filed by Messrs Miscellenary Marketers Pvt. Ltd. (defendants) against Messrs SunNSand Pvt. Ltd. (pla...

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Supreme Court Allows Appeals in Special Court Act Case — Garnishee Orders Set Aside for Lack of Proof of Liability. Loans taken from benami companies before notification under Special Court Act cannot be recovered from borrowers without evidence of outstanding debt.

The appeals arose from orders of the Special Court, Bombay, under the Special Court (Trial of Offences relating to transactions in Securities) Act, 19...