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Bombay High Court Allows Writ Petition Challenging CBDT Circular Denying Adjustment of TDS Against Tax Payable Under Voluntary Disclosure Scheme. Circular No. 755 dated 25-07-1997 Held Ultra Vires as It Imposed Restriction Not Found in Finance Act, 1997 or Income Tax Act, 1961.

The petitioner, Earnest Business Services Pvt. Ltd., a company incorporated under the Companies Act, 1956, and its director, filed a writ petition und...

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Bombay High Court Dismisses Employee's Petition for Change of Date of Birth in Service Record After 19 Years. Belated Application Based on Municipal Birth Certificate Not Accepted When Initial Entry Based on School Leaving Certificate Was Not Challenged Within Prescribed Time.

The petitioner, Chandrakant Punju Wagh, joined the Maharashtra State Electricity Distribution Co. Ltd. in 1997 based on a school leaving certificate s...

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High Court of Bombay at Goa Allows Appeal in Motor Accident Claim — Sets Aside MACT Dismissal for Failure to Prove Negligence. Claimant's evidence of rash driving by respondent motorcyclist found sufficient to establish negligence under Section 166 of Motor Vehicles Act, 1988.

The appellant, Mr. Sameer S. Desai, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Motor Accidents Claims Tribun...

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Bombay High Court Dismisses Appeal for Specific Performance of Share Sale Agreement — Plaintiff Failed to Prove Readiness and Willingness to Perform Contract. MOU for Sale of Shares Held Not Enforceable as Plaintiff Did Not Show Financial Capacity to Pay Balance Consideration Within Stipulated Time.

The appellants, plaintiffs in the suit, filed an appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment of the trial Court...

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Madras High Court Allows Appeal in RERA Case for Delay in Possession — Promoter Liable for Interest Under Section 18 of RERA Act, 2016. The court restored the order of TN RERA directing the promoter to pay interest for delay in handing over possession of flat and club house facilities.

The appellant, a retired General Manager of Bharat Petroleum Corporation Limited, entered into a Memorandum of Agreement on 30.07.2011 with the respon...

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Madras High Court Reduces Compensation in Motor Accident Case Due to Contributory Negligence of Deceased. Claimants' Cross Objection for Enhancement Dismissed as Tribunal's Assessment of Income and Multiplier Was Correct.

The case arises from a motor accident that occurred on 18.05.2021 when the deceased, Hari Prasad, was riding a motorcycle and was hit from behind by a...

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High Court of Madras Hears Insurance Company's Appeal to Set Aside Motor Accident Award and Claimant's Cross Objection for Enhancement. Tribunal Award Partly Challenged Under Section 173 of Motor Vehicles Act, 1988.

The case involves an appeal filed by the Reliance General Insurance Co. Ltd. against the award dated April 12, 2022 passed by the Motor Accidents Clai...

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Madras High Court Hears Writ Petition Seeking Direction for Compassionate Appointment Under Article 226. Petitioner, Whose Father Died in 2009 While Serving as Office Assistant, Seeks Appointment After Attaining Majority in 2018.

The writ petition was filed before the Madurai Bench of the Madras High Court invoking Article 226 of the Constitution of India, seeking a mandamus to...

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Madras High Court Dismisses Writ Petition Challenging Re-Verification of Community Certificate as Genuineness Can Be Verified Anytime. Community Certificate Re-Verification Permissible Under Article 226 Despite Lapse of Time.

The writ petition was filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to quash an interdepartmental com...