Search Results for "Maharashtra Act 1961"

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Supreme Court Quashes FIR Against Bank Officials in Income Tax Restraint Order Violation Case — Lack of Mens Rea and Criminal Intent Established. Bona fide mistake in interpreting revocation order does not attract criminal liability under IPC Sections 406, 409, 420, 120B.

The Supreme Court allowed the appeal filed by HDFC Bank Ltd. against the judgment of the Patna High Court which had dismissed the bank's petition unde...

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Bombay High Court Dismisses Union's Petition Challenging Tribunal's Order on Scope of Reference. The Industrial Tribunal correctly held that the transfer of employees issue was beyond the scope of the reference under Section 10 of the Industrial Disputes Act, 1947.

The petitioner, VIP Industries Shramik Sangh, a registered trade union, filed a writ petition under Articles 226 and 227 of the Constitution of India ...

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Bombay High Court Allows Assessee's Reference in Sales Tax Classification Case — PVC Pipes Not Agricultural Machinery. Assessee Entitled to Refund of Excess Tax Collected Under Bombay Sales Tax Act, 1959.

The case involves two sales tax references under Section 61(1) of the Bombay Sales Tax Act, 1959, at the instance of the assessee, M/s. Patankar Broth...

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Bombay High Court Allows Interim Application in Suit for Specific Performance and Injunction — Prima Facie Case Established for Protection of Possession. Court restrains defendant from interfering with plaintiff's possession of suit premises pending disposal of suit under Specific Relief Act, 1963.

The plaintiff, Indiaideas.com Limited, filed a suit for specific performance and permanent injunction against Supreme Chambers Condominium and Supreme...

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Bombay High Court Quashes FIR Against Electropathy Practitioners for Practicing Without License Under Drugs and Magic Remedies Act. Practice of Electropathy and Naturopathy Not Covered Under Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 or Indian Medical Council Act, 1956.

The petitioners, eight individuals practicing electropathy and naturopathy in Ahmednagar district, filed a criminal writ petition under Article 226 of...

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Bombay High Court Dismisses Trade Union's Challenge to Exemption Notifications Under Section 23 of Maharashtra Private Security Guards Act. Comparison of Benefits Must Be Holistic, Not Item-by-Item, to Determine if Exemption Is Justified.

The petitioner, Maharashtra Suraksha Rakshak Aghadi, a registered trade union representing private security guards, filed a writ petition challenging ...

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Bombay High Court Dismisses MIDC Revision Against Restoration of Possession Under Section 6 Specific Relief Act. Suit for Possession Based on Prior Possession Maintainable Even Against Statutory Corporation Acting Under Court Orders.

The Maharashtra Industrial Development Corporation (MIDC) filed a Civil Revision Application challenging the order of the City Civil Court Judge, Mumb...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Independent Application of Mind — Reopening Based on Borrowed Satisfaction from Investigation Wing Held Invalid

The petitioner, Chhagan Chandrakant Bhujbal, challenged a notice dated 31 March 2019 issued under Section 148 of the Income Tax Act, 1961, for the ass...

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Bombay High Court Dismisses Employer's Petition Seeking to Unilaterally Implement Notice of Change Under Section 9A of Industrial Disputes Act. Employer Cannot Implement Proposed Changes Without Settlement or Award from Competent Court.

The petitioner, J. D. Orgochem Limited (formerly Jaysynth Dyechem Ltd.), is a company engaged in manufacturing chemicals. The respondent, Dyes and Che...

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Bombay High Court Quashes Additional Charge Under Section 304-B IPC Against Husband and Mother-in-Law in Dowry Death Case. Absence of Evidence of Demand of Dowry 'Soon Before Death' and Lack of Proximate Link Between Cruelty and Suicide Precludes Framing of Charge Under Section 304-B IPC.

The applicants, Vinod Babaso Bhosale (husband) and Chhaya Babaso Bhosale (mother-in-law), were accused in Sessions Case No. 148 of 2015 pending before...