Judgements without assigned author

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Judgements without assigned author

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High Court

Acquisition Proceedings Declared Lapsed. Non-payment of Compensation and Non-possession of Acquired Land for Over Five Years Resulted in Lapsing of Acquisition Proceedings Under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013....

Mere mutation entries without kabjepatti or credible evidence of possession do not establish the taking over of physical possession. Absence of notice under Section 12(2) and failure to offer or tende...

High Court

Appropriate Government for ARAI held to be State Government – Petitioner not deemed a ‘workman’ under Section 2(s) of the Industrial Disputes Act, 1947 – Petition dismissed...

The petitioner’s supervisory and managerial functions disqualified him from being classified as a ‘workman.’ The nature of duties and responsibilities, rather than designation, determines the s...

High Court

High Court of Bombay Dismissed the Petition of Petitioner Challenging Land Acquisition for Government Guest House Construction at Jalandhar Beach, Diu – Acquisition Held for Public Purpose Under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act). Petitioner’s Failure to File Objections Within the Prescribed Period Under Section 15 of the 2013 Act – Court Rejected the Claim of Lack of Public Purpose and Denied Allegations of Procedural Violations – Interim Relief Extended by Four Weeks....

Public purpose under Section 2(za) of the 2013 Act includes government projects aimed at tourism and infrastructure development. Timely filing of objections under Section 15 of the 2013 Act is essent...

High Court

Reassessment Notice Under Section 148 of the Income-tax Act, 1961 — Bombay High Court Quashes Reassessment Proceedings...

Jurisdictional Error — Absence of Fresh Tangible Material — Change of Opinion — Issue Pending Before Tribunal — Reassessment Proceedings Held Without Jurisdiction Reassessment proceedings can...

High Court

Nagpur Municipal Corporation’s Pay Scale Fixation Upheld — Bombay High Court Dismisses Employees’ Claim for Higher Grade Pay...

Employees’ Demand for Grade Pay of Rs.2800/- Rejected — Court Rules Rs.2400/- Grade Pay Justified Based on Absorbed Posts and Promotion Structure The Court held that the petitioners failed to est...

High Court

Bombay High Court Quashes Land Acquisition Award Due to Violation of Natural Justice Principles. Opportunity of Personal Hearing Not Provided – Award Set Aside with Directions for Fresh Hearing and Decision...

Constitution of India, Article 300-A – Right to Property – No Person Shall Be Deprived of His Property Save by Authority of Law – Principles of Natural Justice Violated – Failure to Provide Pe...

High Court

High Court of Bombay Quashes District Court Judgment, Restores Arbitration Challenge for Fresh Consideration on Grounds of Patent Illegality and Failure to Address Key Contentions. Arbitration Award Set Aside for Reconsideration Under Section 34 of the Arbitration and Conciliation Act, 1996...

Scope of Section 34: The Court held that while the scope of interference under Section 34 is limited, the District Judge must consider specific challenges raised by the parties and provide reasons f...

High Court

Retired Employee Can Be Nominated to Enquiry Committee Under MEPS Rules: Bombay High Court. Bombay High Court Allows Retired Employees as Nominees in Disciplinary Committees, Quashes Termination of Suspended Headmaster...

The Bombay High Court held that a retired/former employee can be nominated to the Enquiry Committee under Rule 36(2)(b)(ii) of the MEPS Rules. The Court quashed the enquiry report dated 16/10/2024,...

High Court

High Court Quashes Income Tax Assessment Order for Violation of Natural Justice and Mandatory Procedures under Section 144B of the Income Tax Act, 1961. Court Emphasizes Adherence to Faceless Assessment Procedures and Audi Alteram Partem Principle in Tax Reassessment Cases...

Reassessment Beyond 4 Years: Reassessment under Section 147 of the IT Act cannot be initiated beyond the 4-year period unless there is evidence of failure to disclose material facts by the assessee. (...

High Court

BOMBAY HIGH COURT – Personality Rights and Publicity Rights Upheld – Interim Injunction Granted to Karan Johar...

Judgment Emphasized the Protection of Celebrity Personality and Publicity Rights – Restriction Imposed on the Unauthorized Commercial Exploitation of Karan Johar’s Name The judgment reaffirmed th...

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