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Bombay High Court Allows Writ Petition Challenging Railway's Refusal to Grant NOC for Redevelopment of Cooperative Housing Society. Held that Railway land vests in the President of India and the Railway has no authority to demand NOC for redevelopment on land owned by MHADA.

The petitioners, Vinobha Bhave Nagar Godavari Adhyapak Cooperative Housing Society Ltd. and M/s. Nisar Properties Pvt. Ltd., filed a writ petition und...

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Bombay High Court Dismisses PIL Challenging Coastal Regulation Zone Notification for Versova Mangroves — No Violation of CRZ Norms Found. Court held that the impugned notification dated 18.01.2019 was issued after due consideration of all relevant factors and did not violate the CRZ Notification, 2011.

The present Public Interest Litigation was filed by 14 petitioners, including residents of Versova, Mumbai, and the Jai Bharat Cooperative Housing Soc...

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Bombay High Court Allows Writ Petition Challenging Decree Under Section 6 of Specific Relief Act, 1963. Suit Under Section 6 Not Maintainable Against Person Claiming Lawful Title.

The petitioners, original defendants, challenged a decree dated 18th May 1998 passed in favour of the respondents-plaintiffs under Section 6 of the Sp...

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Bombay High Court Dismisses Petition Challenging Decree for Possession Under Section 6 of Specific Relief Act, 1963 — Suit for Possession Based on Prior Possession Maintainable Against Defendants Who Dispossessed Plaintiff Without Title.

The petitioners, original defendants, challenged a decree dated 18th May 1998 passed by the trial court under Section 6 of the Specific Relief Act, 19...

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Bombay High Court Quashes Reopening of Assessments Under Section 148 for Lack of Fresh Material — Deduction Under Section 80IB Allowed After Scrutiny in Original Assessment. Reopening Based on Same Facts Already Examined Under Section 143(3) Amounts to Change of Opinion and Is Invalid.

The petitioner, Purity Techtextile Private Limited, challenged the reopening of its income tax assessments for Assessment Years 2003-2004 and 2004-200...

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Bombay High Court Dismisses Appeal of Employee Seeking Reinstatement Beyond Age 60 — Employee Not Covered Under BIR Act as He Was Not an 'Employee' Under Section 3(13).

The appellant, Shri Vithal Bakula Kokate, was initially appointed as a Learner by Podar Mills in 1966 and later promoted to various positions, ultimat...

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Bombay High Court Dismisses Revenue Appeal in Central Excise Penalty Case — Section 11AC Held Prospective. Penalty under Section 11AC of Central Excise Act, 1944 cannot be imposed for period prior to 28.9.1996 even if show cause notice issued after that date.

The Commissioner of Central Excise, Mumbai-V, filed an appeal under Section 35G of the Central Excise Act, 1944 against the order dated 28th April, 20...