Bombay High Court Case Commentaries

Exclusion of Letters Patent Appeals in Arbitration Proceedings: Jet Airways v. Subrata Roy Sahara

Date: Oct 18, 2011

Exclusion of Letters Patent Appeals in Arbitration Proceedings: Jet Airways (India) Limited v. Subrata Roy Sahara Introduction The case of Jet Airways (India) Limited v. Subrata Roy Sahara...

Determining Beneficial Ownership in Maritime Arrests: Insights from Great Pacific Navigation v. M.V Tongli Yantai

Date: Oct 15, 2011

Determining Beneficial Ownership in Maritime Arrests: Insights from Great Pacific Navigation (Holdings) Corporation Ltd. v. M.V Tongli Yantai Introduction The case of Great Pacific Navigation...

Revision Under Section 154 Not Maintainable Where Remedies Under Sub-rule 14 Are Available: Insights from Adarsh Mahila Nagri Sahakari Bank Ltd. v. State Of Maharashtra

Date: Oct 14, 2011

Revision Under Section 154 Not Maintainable Where Remedies Under Sub-rule 14 Are Available: Insights from Adarsh Mahila Nagri Sahakari Bank Ltd. & Anr. v. State Of Maharashtra & Ors. (2011)...

Commissioner Of Income-Tax v. Manjula J. Shah: Indexed Cost of Acquisition Determination

Date: Oct 12, 2011

Indexed Cost of Acquisition Determination in Commissioner Of Income-Tax v. Manjula J. Shah Introduction The case of Commissioner Of Income-Tax v. Manjula J. Shah adjudicated by the Bombay High Court...

Bombay High Court Upholds MEA's 2011 Haj Policy While Allocating Additional Quotas

Date: Oct 6, 2011

Bombay High Court Upholds MEA's 2011 Haj Policy While Allocating Additional Quotas Introduction The case of Rafique Shaikh Bhikan Petitioner v. The Government Of India & Ors. was adjudicated by the...

Change of Opinion Not Permitted for Reopening Assessments under Section 148: Direct Information Pvt Ltd v. ITO

Date: Sep 30, 2011

Change of Opinion Not Permitted for Reopening Assessments under Section 148: Direct Information Private Limited v. Income-Tax Officer And Others Introduction The case of Direct Information Private...

Commissioner’s Authority to Overrule Enquiry Reports: Insights from Delta Logistics v. Union Of India

Date: Sep 15, 2011

Commissioner’s Authority to Overrule Enquiry Reports: Insights from Delta Logistics v. Union Of India 1. Introduction Delta Logistics v. Union Of India & Ors. is a pivotal case adjudicated by the...

Conditional Enforcement of Bank Guarantees: Western Coalfields Limited v. Rajesh

Date: Sep 7, 2011

Conditional Enforcement of Bank Guarantees: Western Coalfields Limited v. Rajesh Introduction The case of Western Coalfields Limited v. Rajesh adjudicated by the Bombay High Court on September 6,...

Expedited Procedures for Section 14 SARFAESI Applications: Bombay High Court's Landmark Guidelines

Date: Aug 21, 2011

Expedited Procedures for Section 14 SARFAESI Applications: Bombay High Court's Landmark Guidelines Introduction The judgment in International Asset Reconstruction Company Private Limited v. Union Of...

Property Tax Assessment Criteria Under Basawesar v. Gram Panchayat: Capital Value vs. Annual Letting Value

Date: Aug 18, 2011

Property Tax Assessment Criteria Under Basawesar v. Gram Panchayat: Capital Value vs. Annual Letting Value Introduction The case of Basawesar v. Gram Panchayat, adjudicated by the Bombay High Court...

Substance Over Form and Administrative Fairness in PPP Tendering: Shalby Ltd. v. State of Goa

Date: Aug 13, 2011

Substance Over Form and Administrative Fairness in PPP Tendering: Shalby Ltd. v. State of Goa Introduction The case of Shalby Limited and Another v. State of Goa and Others adjudicated by the Bombay...

Dying Declaration: Exact Repetition by Magistrate Not Essential - Ramesh v. State of Maharashtra

Date: Aug 13, 2011

Dying Declaration: Exact Repetition by Magistrate Not Essential - Ramesh v. State of Maharashtra Introduction The case of Ramesh Gyanoba Kamble v. State of Maharashtra was adjudicated by the Bombay...

State Government's Discretion on Refund of Privilege Fees: Insights from Jitendra v. State Of Maharashtra

Date: Aug 12, 2011

State Government's Discretion on Refund of Privilege Fees: Insights from Jitendra v. State Of Maharashtra Introduction The legal landscape surrounding the refund of privilege fees in the context of...

Inclusion of Late-Registered Co-operative Societies in Voters List: Insights from Shri Sai Vividh Karyakari Seva Sahkari Sanstha Mary Adit And Others v. State Of Maharashtra

Date: Aug 12, 2011

Inclusion of Late-Registered Co-operative Societies in Voters List: Insights from Shri Sai Vividh Karyakari Seva Sahkari Sanstha Mary Adit And Others v. State Of Maharashtra Introduction The case of...

Enhanced Compensation Framework for Motor Accident Victims: Shinde v. Hire

Date: Aug 9, 2011

Enhanced Compensation Framework for Motor Accident Victims: Shinde v. Hire 1. Introduction The case of Dattatraya Laxman Shinde (Dr.) v. Nana Raghunath Hire And Others was adjudicated by the Bombay...

Broad Interpretation of "Other Advantage" under MCOCA in State Of Maharashtra v. Jagan Gagansingh Nepali Jagya And Another S

Date: Aug 6, 2011

Broad Interpretation of "Other Advantage" under MCOCA in State Of Maharashtra v. Jagan Gagansingh Nepali Jagya And Another S Introduction The case of State Of Maharashtra v. Jagan Gagansingh Nepali...

Service Tax on Renting of Immovable Property Upheld Under Residuary Power

Date: Aug 5, 2011

Service Tax on Renting of Immovable Property Upheld Under Residuary Power Introduction The case of Retailers Association Of India (Rai) v. Union Of India And Others was adjudicated by the Bombay High...

A Paradigm Shift in Compassionate Employment: Aparna Narendra Zambre v. Assistant Superintendent Engineer, Sangli

Date: Aug 2, 2011

A Paradigm Shift in Compassionate Employment: Aparna Narendra Zambre v. Assistant Superintendent Engineer, Sangli Introduction The case of Aparna Narendra Zambre and Another v. Assistant...

Protection of Well-Known Trademarks and Passing Off: Kalpataru Properties vs. Kalpataru Hospitality

Date: Jul 30, 2011

Protection of Well-Known Trademarks and Passing Off: Kalpataru Properties vs. Kalpataru Hospitality Introduction The case of Kalpataru Properties Pvt. Ltd. v. Kalpataru Hospitality & Facility...

High Court Upholds CBDT's Monetary Limits on Pending Tax Appeals: A Landmark Judgment in Commissioner Of Income-Tax v. Smt. Vijaya V. Kavekar

Date: Jul 30, 2011

High Court Upholds CBDT's Monetary Limits on Pending Tax Appeals: A Landmark Judgment in Commissioner Of Income-Tax v. Smt. Vijaya V. Kavekar Introduction The judgment delivered by the Bombay High...