Search Results for "binding circular"

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Search Results for "binding circular"

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High Court

Bombay High Court Quashes Reassessment Notice Against Corporate Debtor Under Insolvency Resolution — Income Tax Department Cannot Issue Section 148 Notice After Approval of Resolution Plan Under IBC, 2016. The court held that the moratorium under Section 14 IBC and the binding nature of the resolution plan under Section 31 IBC bar the Income Tax Department from reopening assessments for periods prior to the approval of the plan.

23 Dec 2021

The petitioner, Murli Industries Limited, a corporate debtor undergoing insolvency resolution under the Insolvency and Bankruptcy Code, 2016 (IBC), ch...

High Court

Bombay High Court Dismisses Petition Challenging Disciplinary Action in ONGC Tender Irregularity Case. Court upholds chargesheet, punishment order, and appellate order against employee for unauthorizedly constituting tender committee to favor L2 bidder.

7 Mar 2011

The petitioner, R.P. Gautam, an employee of Oil and Natural Gas Corporation Ltd. (ONGC), filed a writ petition under Article 226 of the Constitution o...

High Court

Bombay High Court Allows Appeals in Trademark Infringement and Passing Off Case — Interim Injunction Set Aside Due to Lack of Prima Facie Case and Balance of Convenience. The court held that the plaintiff failed to establish a strong prima facie case for trademark infringement under the Trade Marks Act, 1999 as the mark was originally owned by the joint venture company and the assignment was disputed.

28 Jul 2011

The case involves two appeals against a common judgment and order dated 23.12.2004 passed by the learned Single Judge in Notice of Motion No.553 of 20...

High Court

Bombay High Court Dismisses Petition Challenging State Government's Direction on Non-Occupancy Charges Under Section 79A of Maharashtra Cooperative Societies Act, 1960. The Court Held That Directions Issued Under Section 79A Are Binding on Cooperative Housing Societies and Cannot Be Challenged as Prejudicial to Society's Interest.

5 Oct 2011

The petitioners, Matru Ashish Cooperative Housing Society Ltd. and its member Shashikant R. Doshi, filed a writ petition challenging an order dated 1s...

High Court

High Court of Bombay Dismisses Broker's Challenge to Arbitral Award in Client Dispute Over Delay Paying Charges. Unilateral Charging of 2% Daily Interest Without Specific Agreement or Proof of Loss Held Unconscionable and Not Enforceable Under Section 34 of Arbitration and Conciliation Act, 1996.

7 Mar 2012

The case involves a dispute between Sharekhan Limited, a trading member/broker of the Bombay Stock Exchange (BSE), and Nita Thakkar, a client. The bro...

High Court

Bombay High Court Upholds Assessee in Income Tax Reference on Section 35B Deduction and Doctrine of Merger. Commissioner Cannot Reopen Allowed Deduction After Appeal Merger Under Income Tax Act, 1961.

22 Jul 2005

The case is an income tax reference under section 256(1) of the Income-tax Act, 1961, arising from a dispute between the Commissioner of Income-tax, B...

High Court

Bombay High Court Allows Protection in Service for Employee with Invalid Caste Certificate. Employee who gave up challenge to caste invalidation order granted reinstatement without back wages or reservation benefits.

11 Mar 2013

The petitioner, Rajendra s/o Ramaji Mahisbadwe, was employed with National Aviation Company of India Limited (NACIL) based on a caste certificate clai...

High Court

Bombay High Court Dismisses Petition Challenging Invalidation of OBC Caste Certificate in Zilla Parishad Election Case. Caste Claim of Momin Community Rejected Due to Lack of Documentary Evidence and Inconsistent School Records Under Maharashtra Act 23 of 2001.

4 Oct 2013

The petitioner, Nahidabano Pathan, challenged the order dated 19 July 2013 of the Divisional Caste Certificate Scrutiny Committee, Aurangabad, which i...

High Court

Bombay High Court Allows Writ Petition for Equal Pay for Group B Gazetted Officers in Industrial Training Institutes. Petitioners, holding higher posts of Principal/Vice Principal, entitled to higher pay scale than Group C Instructors, as treating unequals as equals violates Articles 14 and 16.

11 Sep 2006

The petitioners, eleven employees of the Industrial Training Institutes (ITIs) in Goa, filed a writ petition under Articles 14, 16, 226, and 227 of th...

High Court

Bombay High Court Dismisses Revenue's Challenge to Settlement Commission Order in International Taxation Case — Transfer Pricing Adjustments Not Required for Non-Resident Entities Without PE in India. Settlement Commission has exclusive jurisdiction to determine tax liability of non-resident entities, and transfer pricing provisions under Chapter X of Income Tax Act, 1961 do not apply to non-residents without permanent establishment in India.

28 Feb 2014

The case involves a writ petition filed by the Director of Income Tax (International Taxation), Mumbai, challenging an order dated 31 January 2008 pas...

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