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Bombay High Court Upholds Tax Liability on Sale of Discarded Materials by BEST Undertaking Under Bombay Sales Tax Act, 1959. Court holds that sale of scrap from non-dealer activity is taxable under section 22(5A) and that appeal under section 55(6)(c) is maintainable only on questions of law.

The case involves two references under Section 61 of the Bombay Sales Tax Act, 1959, arising from a common order of the Maharashtra Sales Tax Tribunal...

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High Court of Bombay at Goa Dismisses Petition Challenging Administrative Tribunal's Refusal to Permit Compromise in Tenancy Proceedings — Tribunal's Order Upheld as Consent Terms Would Violate Agricultural Tenancy Act

The petitioner, Comunidade of Tivim, challenged an order of the Administrative Tribunal dated 13.4.2023 refusing permission to compromise tenancy proc...

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Bombay High Court Dismisses Writ Petition Challenging Bank's Possession Under SARFAESI Act — Alternative Remedy Before DRT Must Be Exhausted. Writ Petition Not Maintainable as SARFAESI Act Provides Complete Mechanism for Aggrieved Persons Under Section 17.

The petitioners, Dr. Anil Nandkishor Tibrewala and his wife, owned a flat in Mumbai. They had mortgaged the flat to Jammu and Kashmir Bank Ltd. (respo...

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Supreme Court Allows Appeal Against Appointment of Arbitrator Due to Unstamped Arbitration Agreement. Court Must Impound Unstamped Agreement Under Stamp Act Before Proceeding Under Section 11 of Arbitration Act.

The appeal arose from a sub-contract between Garware Wall Ropes Ltd. (appellant) and Coastal Marine Constructions & Engineering Ltd. (respondent) for ...

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Karnataka High Court Upholds Land Tribunal's Order Granting Occupancy Rights to Tenant in Land Reforms Case. The Court held that the Land Tribunal's finding of tenancy based on evidence cannot be interfered with in writ jurisdiction unless perverse.

The appellant, Sri Admar Mutt, represented by its manager, filed a writ appeal against the judgment of a Single Judge of the Karnataka High Court date...

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Bombay High Court Upholds Penalty for FEMA Violations in Bogus Export Case — Appellant Director Held Liable for Receiving Remittances Without Actual Exports Under Sections 3(b) and 3(d) of FEMA.

The case involves an appeal under Section 35 of the Foreign Exchange Management Act, 1999 (FEMA) against an order of the Appellate Tribunal for Foreig...