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Bombay High Court

Lawyers call to protest when Bill is at draft stage is premature: Bombay HC

March 31, 2017 1026 Views 0 comment Print

In the light of various judgments of the Apex Court and this Court, we hope that wisdom would prevail on the lawyers, so far as the present call to abstain from work is taken by the respondents. It is needless to say that everyone including the community of lawyers have to abide by the directions of the Apex Court in terms of Article 141 of the Constitution.

AO can adjust only 15% of demand against refund in stay application

March 30, 2017 6675 Views 0 comment Print

Rule made returnable forthwith. The learned Counsel for the respondent, waives service. Heard finally by consent of parties. The petitioner is a Company engaged in the business of manufacturing base station antennas, microwave antennas, R.F. cables, jumpers and connectors and trading in related products.

Courts not meant for Frivolous Litigation; No Stay on Release of Phillauri: Bombay HC

March 29, 2017 1428 Views 0 comment Print

Plantiff says that there is urgency because the Defendants’ film Phillauri, alleged to be in violation of the Plaintiffs’ copyright in their 2013 Gujarati, Bhojpuri and Nepali film Mangal Phera, is slated for public theatrical release just a few day hence — this very Friday, 24th March 2017.

Wind up Petition by employee claiming unpaid Salary is Maintainable

March 28, 2017 8892 Views 0 comment Print

An employee can maintain a Petition for winding up of a Company under section 439 r/w sections 433(e) and 434 of the Companies Act, 1956 as a creditor based on the claim of the recovery of his unpaid salary and wages.

Arbitral tribunal has no power to appoint Court Receiver, High Court

March 27, 2017 8919 Views 0 comment Print

The above Court Receivers Report dated 28th December, 2016 (Report) is filed by the Court Receiver, High Court, Bombay, seeking directions on Whether the Registry should accept the matters wherein the Arbitral Tribunal appoints the Court Receiver, High Court, Bombay, as a Receiver for execution of orders passed by it etc.

Mere voluntary disclosure does not release assessee from penalty

March 26, 2017 3498 Views 0 comment Print

Apex Court in MAK Data P. Ltd., v/s. Commissioner of Income Tax 358 ITR 593, that voluntary disclosure itself does not release the assessee from penal consequences.

Do not allow more than two attendants of a patient in hospital: HC

March 24, 2017 2433 Views 0 comment Print

In spite of norms that not more than two attendants of a patient will be allowed to enter the hospital through the main gate itself has to be strictly implemented. This would include visitors visiting the patients during a particular visiting hours of the hospital. In other words, at any point of time, there may not be more than two attendants of a patient who can have entry in the hospital premises.

Management can taken action against doctors on Strike: HC

March 24, 2017 996 Views 0 comment Print

The petitioners who have filed this public interest litigation (PIL) submits that there is urgency in the matter since more than 50 patients have died on account of mass strike of resident doctors numbering about 4,500 all over the State of Maharashtra. Learned counsel appearing for the respondent Association submits that they have not given […]

VAT on Tractors: General Entry cannot override specific Entry

March 17, 2017 3396 Views 0 comment Print

In this case on the applicability of VAT Rate under Bombay Sales Tax Act, 1959 it was held by Bombay High Court that Tribunal was justified in holding that the bearings sold by the Applicant were covered by Entry C-II-146 of the Bombay Sales Tax Act, 1959 and not by Entry C-II102(2) as auto parts and C-II135 as tractor parts read with Entry A-35 of the Notification issued under Section 41 of the Bombay Sales Tax Act, 1959.

HC quashes SCN issued after decades; Criticizes Liberal adjournments

March 17, 2017 1290 Views 0 comment Print

In the present case, we find that the petitioners’ argument is that it is impossible for them to remember what was the issue and some decades back, what are the records on which it is based and how it is to be presented. Possibly all the records with them are destroyed or the units having been re­arranged, it is impossible for them to re­trace the records for want of staff and resources. In the circumstances, we do not think that the petitioners should be denied the relief.

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