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Bombay High Court Directs Municipal Corporation to Follow 2013 Act for Land Acquisition When Owner Refuses TDR. Land Reserved for Public Purpose Under MRTP Act Cannot Be Acquired by Compelling TDR; Authority Must Initiate Acquisition Under 2013 Act if Owner Refuses TDR.

The petitioner, a Public Charitable Trust, owned land bearing CTS No.216(pt) and CTS No.190 in Village Mandapeshwar, Borivali, Mumbai. The land was re...

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Bombay High Court Quashes LAO's Apportionment Order in Highway Acquisition — Directs Reference to Civil Court Under Section 19C(4) of Maharashtra Highways Act, 1955. Dispute over compensation apportionment between partnership firm and its individual partners requires adjudication by civil court, not LAO.

The petitioners, Pravin Girish Chamaria and Nishit Bechar Patel, along with respondents 4 and 5 (Dilip Prabhakar Kudalkar and Jagdish Shashikumar Raje...

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Bombay High Court Allows Writ Petition Challenging Customs Assessment Order Based on Ultra Vires Standing Order. Standing Order No.36/2008 held ultra vires Section 14 of Customs Act, 1962, and assessment order set aside for breach of natural justice.

The petitioner, Life Style International Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court ...

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Bombay High Court Allows Assignee of Debt to Proceed Under SARFAESI Act Despite Company Being Under Liquidation. Assignee Steps into Shoes of Original Lender and Can Enforce Security Interest Under Section 13 of SARFAESI Act, 2002.

The petitioner, ASREC (India) Limited, is a company registered as a Reconstruction Company and Securitisation Company with the Reserve Bank of India u...

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Bombay High Court Dismisses Builder's Appeal in Property Tax Assessment Dispute — Slum Rehabilitation Scheme Does Not Entitle Exemption from Property Tax Under Mumbai Municipal Corporation Act, 1888.

The appeal was filed by Akruti Nirman Pvt. Ltd. and its Managing Director, Shri Vyomesh M. Shah, challenging the order of the Additional Chief Judge o...

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Bombay High Court Dismisses Revenue's Appeal in Notional Loss Claim on Securities Reclassification. Tribunal's order allowing deduction of notional loss on transfer of securities from 'Available for Sale' to 'Held to Maturity' based on RBI guidelines upheld.

The case involves an appeal by the Commissioner of Income Tax-2 against an order of the Income Tax Appellate Tribunal (ITAT) dated 15 July 2011. The I...

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Supreme Court Allows Tax Classification Appeal -- 'Appellants Product' Held as Fruit Drink Under UPVAT Act -- Appellants Succeeds Against Commercial Tax Commissioner

The Supreme Court allowed appeals filed by Appellants challenging the classification of their product under the Uttar Pradesh Value Added Tax Act, 200...