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Bombay High Court Upholds Constitution of Special Bench by ITAT President on CBDT Request in Income Tax Appeal. Power under Section 255(3) of Income Tax Act is Administrative and Not Subject to Prior Hearing or Natural Justice.

The petitioner, M/s Jagati Publications Ltd., a public limited company publishing a Telugu newspaper, filed a writ petition in the Bombay High Court c...

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Bombay High Court Hears Writ Petition Challenging Disqualification of Municipal Councillors under Maharashtra Municipal Councils Act, 1965. The Minister's order was impugned on grounds of non-application of mind, lack of statutory violation, and absence of malafide intent.

The writ petition was filed by ten elected members of the Katol Municipal Council, including the President, ex-President, and councillors, challenging...

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Supreme Court Dismisses Educational Board's Appeal in Examination Result Cancellation Case — Natural Justice Mandates Hearing Before Penalty Imposition. Cancellation of Examination Result Without Show Cause Notice Violates Principles of Natural Justice.

The litigation arose when the Board of High School & Intermediate Education, U.P., cancelled the Intermediate examination result of a student, Kumari ...

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Bombay High Court Upholds Validity of Section 21(5) of Bombay Sales Tax Act, 1989 Allowing Non-Judicial Member as President of Tribunal. Challenge to Appointment of IAS Officer as President Dismissed as Provision Does Not Violate Basic Structure.

The Sales Tax Tribunal Bar Association and its President filed a writ petition before the Bombay High Court challenging the constitutional validity of...

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Bombay High Court Quashes EPFAT and APFC Orders Levying Damages Under Section 14B of EPF Act Due to Non-Speaking Order. APFC Mechanically Applied Maximum Damages Without Considering Employer's Written Objections, Contravening the Discretionary Nature of Para 32A.

The petitioner, a distinct establishment initially treated as part of Asia Transport Company, had been remitting EPF contributions at 10% under that b...

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Bombay High Court Dismisses Petition of Gram Panchayat Employee Challenging Dismissal for Indecent Behaviour. Termination Order Upheld as Gram Panchayat Had Power to Dismiss Under Section 61(1) of Maharashtra Village Panchayats Act, 1958 and Procedure of Natural Justice Was Followed.

The petitioner, Ashok Govindrao Sardar, was appointed as a Water Supply employee of Gram Panchayat Pimpalkhuta on 31 January 1986. On 12 December 2012...

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Supreme Court Remands Pension Case to High Court for Lack of Reasoning in Order. State's Appeal Allowed as High Court Failed to Assign Reasons for Granting Pensionary Benefits to Retired Employee.

The State of Orissa appealed against the High Court's order directing it to treat the respondent, a retired employee, as a regular employee and grant ...

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Bombay High Court Quashes Externment Order for Non-Compliance with Section 59 of Bombay Police Act — Show Cause Notice Not Served in Manner Prescribed by Law. Failure to Serve Notice as Per Section 59 of Bombay Police Act, 1951 Renders Externment Order Under Section 56 Invalid.

The petitioner, Radhakisan Waman Patol, a resident of Wadgaon (Kolhati), Aurangabad, filed a criminal writ petition under Article 227 of the Constitut...

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High Court of Judicature at Bombay Quashes Labour Court Order and Reinstates Employee in Writ Petition. Dismissal Set Aside Due to Vitiated Enquiry and Perverse Findings Violating Principles of Natural Justice under Model Standing Orders.

The matter arose from an industrial dispute wherein the employee was dismissed after a disciplinary enquiry. The employee had been suspended on 8 Sept...