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CRIMINAL WRIT PETITION NO. 3301 OF 2018

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Bombay High Court Dismisses Petition Challenging Tender Condition Requiring Minimum Net Worth of Rs. 100 Crore for RTA Empanelment. Condition Held Not Arbitrary or Discriminatory as It Serves Legitimate Purpose of Ensuring Financial Stability and Capacity to Handle Large Volume of Shareholder Data.

The petitioner, Alankit Assignments Limited, a company providing Registrar and Share Transfer Agent (RTA) services, challenged a tender condition issu...

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High Court Dismisses Assessee's Appeal in Income Tax Case — Commission Payment Disallowance Upheld. The court held that the Tribunal's finding that commission agents had not rendered services was based on valid material and sustainable under Section 37(1) of the Income Tax Act, 1961.

The appellant, The Indian Hume Pipe Co. Ltd., is a listed company engaged in manufacturing and sale of RCC pipes, steel pipes, etc. For the assessment...

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Bombay High Court Allows Clerks' Petition for Old Pension Scheme: Recruitment Process Commenced Before Cut-off Date Entities Employees to Old Pension. Government Resolution of 2005 Not Applicable to Employees Recruited Before 2008 Notification.

The petitioners, 56 Clerks working on the establishment of the Bombay High Court, Appellate Side, filed a writ petition seeking a declaration that the...

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Bombay High Court Quashes Termination Orders in Service Disputes for Non-Compliance with Natural Justice. Termination of services without inquiry or opportunity of hearing violates principles of natural justice, leading to reinstatement with 50% back wages.

The judgment concerns two writ petitions filed by employees of the Sales Tax Department, Maharashtra, challenging termination orders. The first petiti...

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Bombay High Court Allows Petition in International Tax Case Due to Limitation Violation Under Section 144-C of Income Tax Act, 1961. Assessment Order Passed Beyond Statutory Time Limit Quashed as Invalid.

The petitioner, Renaissance Services BV, a company and tax resident of the Netherlands, filed its original return of income for Assessment Year 2018-2...

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Bombay High Court Dismisses Petition of Bank Employee Seeking Withdrawal of Voluntary Retirement. Employee's Application for Withdrawal After Acceptance of Resignation Not Maintainable as Per Service Regulations.

The petitioner, Sadiq Shafi Qureshi, was serving as an Assistant Manager with the erstwhile Corporation Bank (now merged with Union Bank of India). He...

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Bombay High Court Allows Writ Petition for Pensionary Benefits to Lecturer on Clock Hour Basis — Continuous Service of 24 Years and Government Resolution Entitlement Recognized. The court quashed the letter dated 5/06/2018 denying pension and directed reconsideration within four weeks.

The petitioner, Mohan Shamrao Shinde, was appointed as a Lecturer on Clock Hour Basis (CHB) on 20 June 1992 at Padmabhushan Vasantdada Patil Mahavidya...

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Supreme Court Upholds Labour Court Award in VSS Dispute — NMR Workers Found to Have Been Coerced into Voluntary Separation Scheme. The Court confirmed reinstatement with 70% back-wages under Section 33A of the Industrial Disputes Act, 1947, finding no perversity in the concurrent findings of fact.

The case arose from a dispute between the General Manager, Electrical Rengali Hydro Electric Project, Orissa (appellant) and 90 NMR workers (responden...

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Bombay High Court Quashes Reassessment Notice in Income Tax Case Due to Lack of Fresh Material Beyond Four Years. Reopening of Assessment Under Section 148 of Income Tax Act, 1961 Held Invalid as There Was No Failure to Disclose Material Facts and No New Tangible Material.

The petitioner, Multiscreen Media Private Limited, a company engaged in providing audiovisual television software and related activities, filed return...