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Bombay High Court Quashes Clarification in Direct Tax Vivad se Vishwas Act, 2020 — Circular No.21/2020 Held Ultra Vires. The clarification requiring withdrawal of appeal as a condition for filing declaration under the Act was struck down as arbitrary and violative of Article 14.

The petitioner, Macrotech Developers Limited, a public limited company engaged in real estate, filed a writ petition under Article 226 challenging a c...

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Bombay High Court Allows Fishermen Cooperative's Petition Against Demolition of Fishermen Huts in Coastal Zone. Court Holds That Traditional Fishing Communities Have Customary Rights to Occupy Foreshore Land for Livelihood, Subject to Environmental Clearances Under CRZ Notification, 2011.

The petitioner, Mariyayi Macchimaar Sahkari Sanstha Maryadit, a cooperative society of traditional fishermen, filed a writ petition challenging the pr...

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Bombay High Court Allows Appeal in Service Termination Case — Reinstatement with Back Wages Upheld. College Tribunal's order setting aside termination of lecturer for lack of approval from University and Education Officer was valid under Maharashtra Universities Act, 1994.

The appellant, Mahadeorao Ramchandra Khadatkar, was appointed as a lecturer in economics at Dr. Punjabrao Deshmukh Arts and Commerce (Evening) College...

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Bombay High Court Allows Writ Petition Challenging Demolition Notice for Violation of Natural Justice under MRTP Act. Demolition Notice Quashed as Issued Without Show Cause Notice or Hearing.

The petitioners, five individuals, filed a writ petition challenging a demolition notice issued by the Municipal Council, Kinwat, under Section 52 of ...

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Bombay High Court Dismisses MSEDCL's Petition Challenging Ombudsman's Order to Restore Consumer's Electricity Supply. The Court upheld the Ombudsman's jurisdiction to entertain billing disputes and direct reconnection without precondition of payment of disputed dues.

The judgment involves two writ petitions arising from the same order of the Electricity Ombudsman dated 17.10.2018. The first petition was filed by th...

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Bombay High Court Upholds Equal Pay for Equal Work for Female Sweepers in Engineering College. Industrial Court's direction to pay salary in pay scale to female sweepers appointed on compassionate ground is upheld as they performed same work as male sweepers.

The petitioners, Janta Shikshan Prasarak Mandal and the Principal of B.N. Engineering College, challenged the judgment of the Industrial Court, Yavatm...

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High Court of Bombay Dismisses Union of India's Challenge to Settlement Commission's Jurisdiction in Customs Duty Evasion Case. Settlement Commission Has Power to Settle Cases Involving Confiscation and Penalty Under Customs Act, 1962, Even Without Quantified Duty.

The Union of India, through the Additional Director General of Revenue Intelligence, Mumbai, filed a writ petition under Article 226 of the Constituti...

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Bombay High Court Dismisses Writ Petition Challenging Compulsory Retirement and Seeking Promotion in Municipal Service — Petitioner Failed to Establish Legal Right to Promotion and Compulsory Retirement Was Upheld as Valid Exercise of Power Under Service Rules.

The petitioner, Choudhari Mohd. Abdul Kadar, was appointed as a Junior Clerk in the Udgir Municipal Council on 13 January 1970. He alleged that in 198...