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Bombay High Court Quashes Orders Rejecting Regularization of Compassionate Appointments Due to Delay. Failure of the Employer to Inform and Assist in Filing Compassionate Appointment Applications Cannot Be Held Against the Applicants – Orders Quashed...

Employer's failure to fulfill its duty to inform and assist bereaved families in submitting applications within limitation cannot be held against the applicants. Procedural delays caused by the depar...

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High Court Quashes Land Acquisition for Navi Mumbai Project Due to Non-Compliance with Section 5A of the Land Acquisition Act, 1894. Court Upholds Farmers' Right to Hearing in Land Acquisition Proceedings, Strikes Down Urgency Clause Invocation...

Section 5A of the Land Acquisition Act, 1894 – Mandatory provision for hearing objections before land acquisition. Non-compliance renders acquisition invalid. Section 17 of the Land Acquisition Act,...

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Bombay High Court – Income Tax – Remission of Matter to Dispute Resolution Panel (DRP) – Costs Imposed on Petitioner. Failure to inform the Assessing Officer of pending objections before the Dispute Resolution Panel led to the setting aside of the assessment order with costs imposed....

The Court exercised its discretion in setting aside the assessment order due to the Petitioner’s procedural lapse, emphasizing that such indulgence would not set a precedent for future cases without...

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Partition and Separate Possession Dispute: Ancestral vs. Self-Acquired Property – High Court Upholds Joint Family Property Status...

High Court Clarifies Partition Rights in Joint Family Property, Rejects Prior Partition Claims Presumption of Joint Family Property: The Court held that in the absence of evidence of partition by met...

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Deemed Dealer under MVAT Act and Prospective Effect of Tax Liability. High Court of Bombay Decides on Tax Liability of Government-Constituted Trust under Maharashtra Value Added Tax Act, 2002...

On the Issue of Deemed Dealer: The Court held that SASF was a “deemed dealer” under Section 2(8) of the MVAT Act. The Court found that SASF fell under clause (x) of the Explanation to Section...

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Constitution of India, Code of Criminal Procedure, Indian Penal Code – Jurisdiction of High Court under Article 226 – Quashing of criminal proceedings...

High Court exercised jurisdiction under Article 226 of the Constitution to quash criminal proceedings—Emphasis on abuse of process of law—No bar under Code of Criminal Procedure, 1973, Section 482...

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Counter-Claim Application Filed at a Belated Stage Rejected — Application for Counter-Claim After Framing of Issues and Recording of Evidence Not Permissible — Exceptional Circumstances Not Established...

Counter-claims must generally be filed before the framing of issues; exceptional circumstances allowing later filing were absent in this case. Judicial discretion should prevent substantial alteratio...

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Regularization of Services, Industrial Court’s Order for Regularization of Badli Workers – Tribunal’s Affirmation – Challenge Before High Court...

Constitution of India, 1950 – Article 226 – Power of High Court in Service Matters: The High Court held that in the exercise of jurisdiction under Article 226, it was not permissible to direct reg...

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Bombay High Court Upholds Validity of Marriage Certificate Under Special Marriage Act, 1954. Marriage Certificate Issued Under Special Marriage Act Is Conclusive Evidence of Legality Until Set Aside by Competent Authority...

Constitution of India, Article 226 – Writ Jurisdiction – Petition filed seeking directions for issuance of corrected Marriage Certificate after rejection of visa application by German Embassy – ...

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Failure to Furnish Copy of Requisition for No-Confidence Motion Does Not Invalidate the Motion: Bombay High Court. Bombay High Court Upholds Validity of No-Confidence Motion Despite Non-Service of Requisition Copy to Sarpanch...

The failure to furnish a copy of the requisition to the Sarpanch under Rule 2(2) of the No Confidence Motion Rules does not invalidate a no-confidence motion passed by a valid majority.  The provisi...