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Bombay High Court Allows Petition Challenging Remand Order by Appellate Authority Under Payment of Gratuity Act. Section 7(8) of the Payment of Gratuity Act, 1972 Does Not Confer Power to Remand; Appellate Authority Must Decide Appeal on Merits.

The petitioner, Dr. Gajanan Vithoba Jain, a former employee of the respondent-management running Shiv Vaibhav College of Education, Wardha, filed an a...

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Bombay High Court Allows Writ Petition Challenging Condition No. 5 of NOCs for Redevelopment Projects — Condition Imposing Payment of Expenditure Incurred by Board Held Unauthorized and Without Legal Basis. Court directs refund of amounts paid under protest pursuant to the impugned condition.

The Petitioner, Chandulal Jorawarmal Mehta, a sole proprietor of Mehta Developers, filed a Writ Petition under Article 226 of the Constitution of Indi...

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Bombay High Court Allows Writ Petition Challenging Rejection of Nomination for Village Panchayat Election Due to Three Children. Section 14(j-1) of Maharashtra Village Panchayats Act, 1959 Bar Not Applicable as Petitioner Had Only Two Children Born After Specified Date.

The petitioner, Meena Babu Darade, filed a writ petition challenging the rejection of her nomination for the election of the village panchayat of Nafa...

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Bombay High Court Allows Writ Petition for Release of Imported Container Without Payment of Full Rent and Demurrage for Re-export — Petitioner Not Liable for Charges After Customs Clearance Refusal Due to Misdeclaration

The petitioner, Sahaj Impex, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking a direction to ...

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Bombay High Court Dismisses Petition Seeking Enhanced Compensation Under Section 28A of Land Acquisition Act Based on Lok Adalat Award. Lok Adalat Award Not an Award of Court Under Part III of Land Acquisition Act, 1894.

The petitioners' land was acquired by the State for a storage lake along with other lands. An award under Section 11 of the Land Acquisition Act, 1894...

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High Court of Bombay at Goa Allows Tax Appeal in Part on Demurrage Disallowance and Education Cess Deduction — Demurrage paid to non-resident buyers not taxable under section 172 of Income Tax Act, 1961 as occasional shipping; Education Cess allowable as deduction in year of payment.

The judgment concerns two tax appeals filed by Sesa Goa Limited against the Joint Commissioner of Income Tax, Range 1, Panaji Goa, arising from assess...

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Bombay High Court Dismisses Application to Set Aside Consent Decree in Commercial Suit — No Fraud or Collusion Found. Consent Terms Recorded in Suit for Specific Performance of Share Purchase Agreement Were Valid and Binding, Not Vitiated by Fraud or Misrepresentation Under Order XXIII Rule 3 CPC.

The judgment arises from a Notice of Motion filed by the original defendants (applicants) in a commercial suit seeking to set aside a consent decree d...

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Bombay High Court Dismisses Writ Petition Challenging E-Auction Sale Due to Alternate Remedy Under SARFAESI Act. Petitioner, as second highest bidder, alleged collusion and system malfunction but was directed to approach Debts Recovery Tribunal.

The petitioner, Radhika Rajesh Agarwal, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging ...