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Bombay High Court Quashes Transfer of School Management for Violation of Secondary School Code Clause 12 — Deputy Director's Order Set Aside for Lack of Compliance with Mandatory Procedure

The petitioners, Jyotirling Education Society and its trustees, challenged an order dated 25 October 2010 passed by the Deputy Director of Education, ...

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Bombay High Court Allows Writ Petitions Challenging Penalty Under Central Sales Tax Act for Alleged Misuse of Declared Forms. Court holds that penalty under Section 10(d) read with Section 10A of the CST Act, 1956 cannot be imposed without establishing mens rea or conscious violation of law.

The petitioner, M/s. Brijda Roadlines Pvt. Ltd., a transport company engaged in the business of transporting goods and holding a dealership from Bhara...

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Bombay High Court Allows Writ Petitions Challenging Penalty Under Central Sales Tax Act for Alleged Misuse of Registration Certificate. Court Holds That Mere Issuance of C-Forms Without Actual Inter-State Movement Does Not Attract Penalty Under Section 10(d) of CST Act, 1956.

The petitioner, M/s. Brijda Roadlines Pvt. Ltd., a transport company engaged in the business of transportation and holding a dealership from Bharat Pe...

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Bombay High Court Dismisses Petition Challenging Labour Welfare Fund Cess as Unconstitutional. Levy under Maharashtra Labour Welfare Fund Act, 1953 held to be a fee for services rendered, not a tax, and validly imposed on establishments including those with contract labour.

The petitioner, Mohan Dhotre, a resident of Mumbai, filed a writ petition challenging the constitutional validity of the levy under the Maharashtra La...

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Bombay High Court Upholds Validity of Section 138 NI Act and Directs Magistrates to Accept Complaints Without Preliminary Inquiry. Section 138 Negotiable Instruments Act, 1881 is constitutionally valid and Section 200 CrPC does not require preliminary inquiry in cheque dishonour cases.

The judgment arises from a batch of petitions challenging the constitutional validity of Section 138 of the Negotiable Instruments Act, 1881 and the p...

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Bombay High Court Upholds Dismissal of Senior Correspondent for Refusing Transfer in PTI Case. Industrial Court's finding of disproportionate punishment set aside; punishment of discharge affirmed as not shockingly disproportionate.

The case involves a challenge by the Press Trust of India Employees Union and a workman (Senior Correspondent) against an order of the Industrial Cour...

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Bombay High Court Allows Writ Petition Challenging Disqualification of Teacher-Councilor in Municipal Election. Teacher in Government Aided School Does Not Hold Office of Profit Under Government for Disqualification Under Section 16 of Goa Municipalities Act, 1969.

The petitioner, Tukaram Kshemchandra Redkar, has been working as a primary teacher in a Government Aided School managed by Shree Susenashram Education...