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Bombay High Court Quashes Reassessment Notices for Non-Resident Taxpayer Due to Lack of Jurisdictional Satisfaction. Section 148 notices under Income Tax Act, 1961 set aside as Assessing Officer failed to record reasons and obtain sanction before issuing notices beyond four years.

The petitioner, a non-resident Indian residing in Dubai, was regularly assessed to tax in India on income accruing or arising in India. He had investe...

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Bombay High Court Allows Refund of Stamp Duty Paid on Agreement for Sale That Did Not Materialize Due to Market Downturn. Petitioner entitled to refund under Sections 47 and 48 of Maharashtra Stamp Act, 1958 as instrument was not followed by conveyance and no fraud or misrepresentation was involved.

The Petitioner, M/s Shweta Infrastructure and Housing (I) Pvt. Ltd., entered into an agreement for sale on 29 September 2014 with the Khatib family fo...

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Bombay High Court Quashes Scrutiny Committee Order Invalidating Caste Claim of Koli Mahadev Scheduled Tribe. Caste Validity Certificate Issued to Real Grandfather Is Conclusive Proof of Tribal Status Under Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Act, 2000.

The petitioner, Durgesh Shashidhar Sawale, challenged an order dated 08.12.2021 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nandurba...

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High Court of Bombay Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Failure to Prove Debt. Complainant failed to establish legally enforceable debt or liability under Section 138 of the Negotiable Instruments Act, 1881 as the cheque was given as security for a business transaction.

The case involves an appeal by the complainant, Shankar Jaganath Mane, against the acquittal of the accused, Sikkandar Mohammed Bidiwala, for an offen...

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Bombay High Court Allows Petition Challenging Recovery of Salary Paid to Employee in Date of Birth Dispute. Recovery of salary for work actually performed cannot be ordered without hearing and without finding of misrepresentation or fraud.

The petitioner, K. G. Nangardhane, was a Head Master at Nagar Parishad Vidyalaya, Pavani, District Bhandara. He entered service on 23.7.1962 with his ...

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Bombay High Court Allows Petitions Challenging Settlement in Industrial Dispute for Breach of Section 12 of Industrial Disputes Act and Rule 11 of Industrial Disputes (Bombay) Rules. Settlement Dated 5.9.2008 Quashed as Void Ab Initio for Non-Compliance with Mandatory Conciliation Procedure.

The judgment concerns two writ petitions challenging a settlement dated 5.9.2008 arrived at in conciliation between NRC Limited (the company) and NRC ...

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Bombay High Court Partially Sets Aside Arbitration Award Against Guarantors in Cooperative Bank Dispute — Guarantors Not Liable for Enhanced Credit Facility Without Their Consent. Guarantor Liability Cannot Be Extended Beyond Original Guarantee Under Section 34 of Arbitration and Conciliation Act, 1996.

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common undated arb...