Search Results for "Maharashtra Act 1961"

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Bombay High Court Dismisses Petitions Challenging CBI Investigation in Bhima Koregaon Case — Sanction Under Section 197 CrPC Not Required for CBI Officers. CBI Investigation Valid Under DSPE Act as Section 6A Struck Down by Supreme Court.

The judgment concerns four writ petitions filed by individuals (Anant Pandurang Kale, Ashwini Kshirsagar, Naveen Kumar Rai and Siraj Razzak Bagwan, Pa...

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Bombay High Court Dismisses Writ Petition Challenging Bank's Possession Under SARFAESI Act — Alternative Remedy Before DRT Must Be Exhausted. Writ Petition Not Maintainable as SARFAESI Act Provides Complete Mechanism for Aggrieved Persons Under Section 17.

The petitioners, Dr. Anil Nandkishor Tibrewala and his wife, owned a flat in Mumbai. They had mortgaged the flat to Jammu and Kashmir Bank Ltd. (respo...

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Bombay High Court Allows Petition of Credit Society Challenging Collector's Order Imposing Stamp Duty on Transfer Under Section 100 of Maharashtra Cooperative Societies Act. Transfer Under Section 100 Is Not a Sale or Conveyance, Hence Article 25 of Bombay Stamps Act Not Attracted.

The petitioner, Chhatrapati Sambhaji Maharaj Sahakari Patsanstha Maryadit, a credit society registered under the Maharashtra Cooperative Societies Act...

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Bombay High Court Dismisses Revenue Appeals in Service Tax on Maintenance Charges — Management, Maintenance or Repair Service Not Attracted. Amounts collected as maintenance charges for upkeep of apartment premises are not subject to service tax under the Finance Act, 1994.

The judgment involves three appeals filed by the Commissioner of Service Tax/Central Excise against orders of the Customs, Excise & Service Tax Appell...

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Bombay High Court Upholds Constitutional Validity of Development Charge Levy in Maharashtra Regional and Town Planning Act. The court held that the levy is a fee for services rendered and not a tax, and the amendment is within legislative competence.

The petitioners, The Solapur Promoters and Builders Association Society and another, challenged the constitutional validity of the Maharashtra Regiona...

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Bombay High Court Dismisses Petitions Challenging Entertainment Duty on Amusement Park Admission Fee. Lumpsum Charge for Entry and Entertainment is Subject to Duty Under Bombay Entertainment Duty Act, 1923.

The petitioners, Pan India Paryatan Limited and its director, owned and operated an amusement park in Greater Bombay which opened to the public on 25t...

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Bombay High Court Upholds Divisional Commissioner's Power to Enhance Disqualification Period in Panchayat Election Dispute. Delegated Authority Under Section 15B of Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 Includes Power to Modify Collector's Order of Disqualification.

The judgment involves two counter writ petitions arising from a dispute over disqualification of a Panchayat member under the Maharashtra Zilla Parish...

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Bombay High Court Quashes FIR Against Accused in Abetment of Suicide Case Due to Lack of Proximate Link. Suicide Note Did Not Name Accused, Alleged Incidents Occurred Months Before Suicide.

The applicants, Vijay Laxman Patil and Mohini Vijay Patil, were arraigned as accused Nos. 5 and 6 in C.R. No. 05 of 2021 registered at Amalner Police ...

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Bombay High Court Allows Appeal in Property Dispute, Sets Aside Injunction Against Dispossession. Plaintiff Failed to Prove Possession and Suit for Possession Based on Title Was Barred by Limitation.

The present First Appeal arises from a judgment of the City Civil Court, Mumbai, in S.C. Suit No.5551/1990, where the suit was decreed in favor of the...