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Jurisdictional Overreach by ITAT – Income Classification Dispute – Real Income Theory – Remand for Limited Adjudication

ITAT’s Jurisdiction Under Section 254(2) of the Income Tax Act, 1961 – Set Aside for Exceeding Mandate – Remanded for Limited Adjudication The ...

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Bombay High Court Dismisses Petitions Challenging SARFAESI Act Applicability to Cooperative Banks and Arbitration Awards. Multi-State Cooperative Bank held to be a 'bank' under SARFAESI Act, and arbitration under Multi-State Cooperative Societies Act does not bar subsequent SARFAESI proceedings.

The judgment concerns three writ petitions filed by borrowers challenging actions taken by Abhyudaya Co-operative Bank Ltd. and Piramal Capital and Ho...

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Bombay High Court Allows Petition Quashing Reopening of Assessment Under Section 147 of Income Tax Act, 1961 — Reopening Based on Incorrect Information Regarding Cash Deposit. Bank Statement Showing Only Rs.18,000 Cash Deposit Contradicts AIR/CIB Data of Rs.13,40,000, Rendering Reopening Invalid.

The petitioner, Yashoda Shivappa Nagangoudar, received a notice dated 16 March 2019 under Section 148 of the Income Tax Act, 1961 for the assessment y...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Contract Dispute — Rejects Challenge Under Section 34 of Arbitration and Conciliation Act, 1996. Arbitrator's findings on delay and damages held to be plausible and not perverse.

The Union of India (Petitioner) challenged an arbitral award dated 28th March, 2007 (amended on 19th April, 2007) passed by the sole Arbitrator (Chief...

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Bombay High Court Dismisses Petitions Challenging Consumer Forum Jurisdiction Over Cooperative Credit Societies. Members of Managing Committees Cannot Claim Immunity from Consumer Forum Orders as Cooperative Credit Societies Provide Services for Remuneration.

This group of writ petitions was filed by members of managing committees of cooperative credit societies challenging the jurisdiction of the District ...

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Bombay High Court Quashes Abetment of Suicide Case Against Applicant Due to Lack of Mens Rea and Instigation. Allegations of Harassment and Abetment Under Section 306 IPC Failed as No Direct or Indirect Act of Instigation or Intentional Aiding Was Established.

The applicant, Mrs. Sarika Jyotiba Gurav, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of ...

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Bombay High Court Dismisses Election Petition Challenging Municipal Election Result Due to Minor Name Discrepancy. Variation in Name Between Electoral Roll and Nomination Form Does Not Constitute Corrupt Practice Under Section 33 of Mumbai Municipal Corporation Act, 1888.

The petitioner, Ansari Sana Masood, filed a writ petition challenging the judgment of the Small Cause Court, Mumbai, which dismissed her election peti...

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Bombay High Court Dismisses Election Petition Challenging Municipal Election Result Due to Minor Name Discrepancy. Variation in candidate's name between electoral roll and nomination form does not constitute corrupt practice under Section 33 of Mumbai Municipal Corporation Act, 1888.

The petitioner, Ansari Sana Masood, filed a writ petition challenging the judgment and order of the Small Cause Court, Mumbai, which dismissed her ele...