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Supreme Court Allows Refund of Premium for Unutilized FSI in Land Development Case — Absence of Statutory Bar Permits Refund When Privilege Not Availed. Appellants Paid Premium for Extra FSI but Abandoned Project; Court Held Retention of Premium Without Benefit Amounts to Unjust Enrichment.

The appellants, Prasad Pandurang Tapkir and Shakuntala Pandurang Tapkir, owned agricultural land in Survey No. 103/2/2 of Alandi Taluka, Pune District...

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Bombay High Court Dismisses Petition Challenging Fee Regulation in Unaided Schools — State Has Power to Regulate Fees Under Maharashtra Education Institutes (Prevention of Capitation Fees) Act, 1987 to Prevent Capitation Fees and Profiteering.

The petitioners, an association of private unaided minority and non-minority schools running international curriculum schools, challenged the constitu...

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Bombay High Court Upholds Cancellation of Fair Price Shop Licence in Essential Commodities Act Case Due to Irregularities and Non-Application of Mind by Minister. Minister's Revision Order Set Aside as It Failed to Consider Inspection Report and Criminal Proceedings Against Licencee.

The petitioners, Bapu Jagalu Dhormare and Dhananjay Nagurao Gule, were card holders of a fair price shop run by respondent No.4, Namdeo Mahadeo Mali, ...

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High Court Quashes Show Cause Notice in GST Case on Assignment of Leasehold Rights - Assignment of Long-Term Leasehold Rights Held as Transfer of Immovable Property, Not Supply of Service Under Section 7 of Central Goods and Services Tax Act, 2017, Rendering GST Liability Inapplicable.

The dispute arose from a show cause notice issued under Section 74 of the Central Goods and Services Tax Act, 2017, to the petitioner, a company that ...

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Supreme Court Dismisses Lessor's Appeal Against Dismissal of Counterclaim for Eviction and Rent in Lease Dispute — Presidency Small Cause Courts Act, 1882 Section 41 Bars Counterclaim in High Court Original Suit for Specific Performance.

The Supreme Court dismissed appeals by the legal representatives of Mahadev P. Kambekar (original defendant/lessor) against the judgment of the Bombay...

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Bombay High Court Allows Schools' Petition Against EPF Damages Levy Under Special Scheme. Voluntary Coverage Under Employees' Enrollment Campaign, 2017, Assured No Penalty or Interest, and Respondent Estopped from Imposing Such Levies.

The petitioners, Jijamata Public School and Jijamata Krushi Tantra Vidyalaya, are public schools run by a public trust established in 2003, engaged in...

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Bombay High Court Allows Appeal in Land Acquisition Case — Market Value Enhanced for Agricultural Land with Potential. Land situated near village and road held to have non-agricultural potential, warranting higher compensation under Section 23 of Land Acquisition Act, 1894.

The appellant, Pramod Sadashiv Khodke, owned agricultural land bearing Gat No.82, area 4.31 hectares, situated at village Kohli, Taluka Babhulgaon, Di...