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Supreme Court Dismisses Corporate Debtor's Appeal Against NCLT Order Admitting Insolvency Application Under Insolvency and Bankruptcy Code, 2016. Maharashtra Act Moratorium Does Not Bar Insolvency Proceedings as Section 238 of the Code Overrides Inconsistent State Laws.

The appeal arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The corporate debtor, a multi-product compan...

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Bombay High Court Dismisses Monsanto's Petition on Seed Supply as Sale, Allows Subway's Petition on Franchise as Service. Court Holds That Impregnated Seed Supply is Sale of Goods Under Maharashtra Value Added Tax Act, 2002, While Franchise Agreement is Not a Deemed Sale of Intellectual Property Rights.

The Bombay High Court adjudicated two writ petitions tagged together, raising the common issue of whether certain transactions were liable to service ...

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Bombay High Court Adjudicates Application for Enforcement of Scheme in Sanghi Motors (Bombay) Limited. Scheme formulated under Sections 397, 398, 402 of Companies Act, 1956 involves transfer of oxygen undertaking assets and cylinders.

The matter pertains to Company Application No.328 of 1990 arising out of Company Petition No.128 of 1985, filed before the High Court of Judicature at...

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1] WRIT PETITION NO.2297 of 1996

This batch of writ petitions, filed in 1996, came up before the Bombay High Court, Aurangabad Bench, on 4 August 2010. The petitioners included shop o...

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High Court of Judicature at Bombay Dismisses Writ Petition Against Service Tax on Seed Supply and Allows Writ Against Sales Tax on Franchise Agreement. Technology-Embedded Seed Supply Held to Be a Sale Under MVAT Act, While Franchise Licensing Held to Be a Service Under Finance Act.

The High Court of Judicature at Bombay heard together two writ petitions concerning the tax characterisation of commercial transactions under the serv...

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Bombay High Court Examines Claim of Automatic Lapsing of Land Reservation Under Section 49(7) of the Maharashtra Regional and Town Planning Act, 1966. Petitioners Argued That Failure to Acquire Land Within Prescribed Period After Purchase Notice Entitled Them to Release From Reservation.

The petitions arose from the reservation of land in Andheri, Mumbai, for a public garden under successive development plans. The petitioner, Mehtab La...

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Bombay High Court Dismisses SEZ Developer's Petition for Octroi Exemption and Refund. State SEZ Policy Exemption Not Enforceable Against Municipal Corporation Without Statutory Amendment.

The petitioner, EON Kharadi Infrastructure Pvt. Ltd., a Special Economic Zone (SEZ) developer, sought exemption from octroi and refund of octroi paid ...

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High Court of Bombay Decides Surviving Issue on Interpretation of Government Notification in Land Reservation Dispute. The Court Examines Whether Lessee Entitled to Non-Cash Compensation Under 2004 Notification for Release of Reserved Land for Development.

The writ petition was filed by Mafatlal Industries Limited and its officer seeking directions to enforce a Government Notification dated 10-02-2004 th...

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Bombay High Court Reserves Judgment on Writ Petition Challenging Termination of College Principal Over Cancelled Caste Certificate. Petitioner Questions Tribunal’s Dismissal of Appeal Alleging Violation of Natural Justice in Cancellation of Caste Certificate Under Maharashtra Universities Act, 1994.

Background: The petitioner, Shri Sambhaji Shivaji Mali, initially appointed as a lecturer in 1968 and confirmed in 1971 at a college affiliated to Shi...