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Bombay High Court Declared Reassessment Notice Under Section 148 Of The Income-Tax Act, 1961 As Without Jurisdiction – Held That Search-Based Proceedings Should Have Been Initiated Under Section 153C...

Search-Based Reassessment – Jurisdictional Defect – Section 153C Overrides Section 147 & Section 148 – Lack Of Independent Material For Reassessment – Writ Petitions Allowed Analysis Of ...

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Bar on Testamentary Disposition of Tenanted Land – Protection of Possession under Section 53A of the Transfer of Property Act – Appreciation of Oral and Documentary Evidence – Injunction and Declaration of Title – Relevance of Admissions in Evidence...

Statutory Bar under Section 43 Upheld – Held that testamentary disposition of tenanted land was barred, and the Will relied upon by the defendants was invalid. (Para 22, 23, 26) No Substantial Ques...

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Apportionment Dispute in Compensation—Land Acquisition Officer (LAO) Lacked Jurisdiction—Dispute to be Referred to Civil Court...

Maharashtra Highways Act, 1955—Section 19C(4)—Apportionment dispute in compensation for acquired land—LAO had no authority to decide—Matter to be referred to Principal Civil Court—Impugned o...

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Seniority and Back Wages in Delayed Appointments: High Court Rules on Deemed Date of Appointment for Postal Employees. Bombay High Court Grants Deemed Date of Appointment to Postal Employees, Denies Back Wages to Some Petitioners...

Deemed Date of Appointment – Petitioners, who were selected in the same recruitment process but appointed later due to administrative delays, were granted a deemed date of appointment from the date...

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Height Clearance NOC Dispute in Slum Rehabilitation Project. Court Directs AAI to Issue NOC for 84.92 Meters AMSL, Rejects AAI’s Argument of Lapsed Application Due to Minor Procedural Lapses...

Procedural Lapses vs. Substantive Compliance: The Court held that minor procedural lapses, such as the absence of the signatory’s name and witnesses’ addresses in the Undertaking 1E form, ...

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High Court Upholds General Court Martial Conviction Under POCSO Act. Judicial Review of Court Martial Proceedings – Sexual Offences Against Minors – Scope of High Court’s Jurisdiction Under Article 226...

Judicial Review of Court Martial Proceedings: The High Court, under Article 226, can review Court Martial proceedings if there is a denial of fundamental rights, jurisdictional error, or error apparen...

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Reserved Category Candidates Cannot Migrate to Unreserved Category After Availing Concession in TET/CTET: Bombay High Court. Bombay High Court Upholds Merit-Based Standards in Teacher Recruitment, Bars Reserved Category Candidates from Unreserved Migration After Concession in TET/CTET...

Reserved Category Candidates – Candidates from reserved categories who availed a 5% concession in TET/CTET to meet the eligibility criteria of 60% marks cannot migrate to the unreserved category bas...

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Assessment Orders Passed in Name of Non-Existent Entities Post-Amalgamation Held Void Ab Initio – Reliance Industries Limited vs. Commissioner of Income Tax. Jurisdictional Ground Raised After Three Decades Upheld – Supreme Court Precedents on Amalgamation Applied...

Jurisdictional Issue:– Assessment orders passed against non-existent entities post-amalgamation are void ab initio, as the entities cease to exist and cannot be considered “persons” under Sectio...

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Adoption Does Not Divest Rights in Self-Acquired Property: Bombay High Court Upholds First Appellate Court’s Decision. Court Rules Adoption Does Not Affect Title Over Property Purchased Independently – Legal Effect of Adoption Deed Examined...

Adoption and Property Rights: The Bombay High Court held that adoption does not divest an individual of rights over self-acquired property. The property purchased in the name of the adopted individual...

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Bail Granted Due to Long Incarceration. Article 21 of the Constitution of India – Right to Speedy Trial – Bail is the Rule, Jail is the Exception – Long Incarceration Without Trial Violates Fundamental Rights...

The prolonged incarceration of an undertrial accused, without reasonable certainty of trial completion, violates Article 21 of the Constitution. (Para 8) Courts must balance the severity of the crime ...