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Bombay High Court Directs Refund of Excess Tax Adjustment and Expedites Disposal of Pending Appeal. Unjustified Delay in Adjudicating Stay Application and Appeal Held Prejudicial to Taxpayer’s Rights

The court deprecated delay of over six years in deciding stay application and appeal.  Held that excess recovery was unjustified and directed refund ...

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Jurisdictional Overreach by ITAT – Income Classification Dispute – Real Income Theory – Remand for Limited Adjudication

ITAT’s Jurisdiction Under Section 254(2) of the Income Tax Act, 1961 – Set Aside for Exceeding Mandate – Remanded for Limited Adjudication The ...

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Bombay High Court Quashed Rejection of Junior Clerk’s Appointment Proposal and Imposed Costs on Management. Appointment Order Upheld Despite Procedural Irregularities — Court Directed Approval with Cost Penalty on Management

The Court found procedural irregularities in the recruitment process but noted that the appointed candidate was not at fault. Held that the post of J...

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Removal of Managing Committee Members Under Section 78A of the Maharashtra Co-operative Societies Act, 1960 – Validity of Membership and Jurisdiction of Registrar

Court Upholds Removal of Committee Members Without Ownership of Flats in Society’s Building – Developer’s Dual Role Under Scrutiny The Court up...

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Supreme Court Upholds Right to Medical Education for Persons with Disabilities — Ensures Equal Opportunity and Reasonable Accommodation

The Supreme Court set aside the Punjab and Haryana High Court’s order and directed admission of a PwD candidate to the MBBS course, emphasizing the ...

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Supreme Court Sets Precedent on Pension Entitlement for Job Contract Employees in Odisha. Addressing Procedural Lapses and Upholding Pension Rights – Supreme Court Intervenes Despite Delay in Appeals.

Acts and Sections Discussed: Constitution of India, Article 14 – Equality before Law Odisha Civil Services (Pension) Rules, 1992 – Rule ...

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Supreme Court of India Dismissed Appeal – Conviction under Ranbir Penal Code and Prevention of Corruption Act Upheld. Forgery, Cheating, and Corruption Charges Proven – Conviction and Sentence Affirmed

Acts and Sections: Constitution of India (COI) – Not directly involved but constitutional principles of fair trial considered Code of Crim...

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Bombay High Court Issued Writ of Prohibition Against Proceedings by Non-Financial Institution

Constitution of India, 1950 (COI) – Article 226 and Article 227 – High Court’s writ jurisdiction to issue Writ of Prohibition when there is a cl...

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Bombay High Court Quashed Arbitral Tribunal’s Order on Jurisdiction — Distributor Agreement’s Extension and Arbitration Clause Dispute

Interpretation of Arbitration Agreement’s Validity Post Expiration of the Principal Contract — Section 37(2)(a) of the Arbitration and Conciliatio...

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High Court of Bombay Directed Restoration of Admission of PwD Candidate in MBBS Course by Creating a Supernumerary Seat. A candidate with speech and multiple disabilities held eligible for medical education and PwD reservation despite exceeding the benchmark disability limit.

Constitution of India, 1950 — Article 14 — Article 21 — Article 41 — Right to Equality — Right to Life — Directive Principles of State Pol...