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Bombay High Court Allows Writ Petition Challenging Reopening of Assessment Under Section 148 of Income Tax Act, 1961 — Notice Issued Beyond Six-Year Limit Without Proper Sanction Held Invalid. Reassessment Notice Quashed as Approval Under Section 151 Was Granted by Incompetent Authority and No Failure to Disclose Material Facts Was Established....

The petitioner, Ashok Chaganlal Thakkar, an individual, had invested in parcels of land at Ardhe and Aase in Taluka Karjat, District Raigad. During the previous year 2012-13, he sold those lands and f...

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Bombay High Court Allows NAFED's Chamber Summons for Return of Rs. 32 Crore Deposited in Suit, Dismisses Plaintiffs' Notice of Motion for Withdrawal. Court holds that NAFED is entitled to refund of deposit made under mistaken belief of liability, and plaintiffs cannot claim the amount as they have no decree or order in their favor....

The judgment arises out of three applications in Suit No. 121 of 2014 pending before the Bombay High Court. The plaintiffs, L.J. Tanna Enterprises Pvt. Ltd. and others, filed a suit against 63 Moons T...

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Bombay High Court Dismisses Petition Challenging Gram Panchayat Election Results Due to Late Filing of Affidavit — Affidavit Filed One Day After Statement of Election Expenses Held Not Fatal Under Maharashtra Village Panchayats (Election Expenses) Order, 2015....

The petitioners, who were unsuccessful candidates in the Gram Panchayat election of Manjarsumba, challenged the election of respondent nos.1 to 6 on the ground that they failed to submit the affidavit...

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Bombay High Court Upholds Disqualification of Sarpanch for Leasing Government Land to Society Where He Was President and Trustee. Section 14(1)(g) of Maharashtra Village Panchayats Act, 1959 — Indirect Interest in Contract Leads to Disqualification....

The petitioner, a resident and voter of Village Waghunde (Khurd), filed an application under Section 14(g) of the Maharashtra Village Panchayats Act, 1959, seeking disqualification of respondent No.2,...

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High Court of Karnataka Adjudicates Writ Petition Alleging Illegal Demolition of Dwelling House and Seeking Compensation Under KMC Act, 1976. Allegations Include Backdating of Notices, Lack of Opportunity, and Collusion Between BBMP Officials and Private Respondent....

Background: The petitioner, a central government employee, purchased a residential property in Doddanekundi, Bengaluru, in 2005 from Dr. Suryakumar Sharma, who had obtained a plan sanction in 1995-96....

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Bombay High Court at Goa Dismisses Petition Challenging First Appellate Court's Order in Inventory Proceedings — Auction Date Not Fixed Due to Pending Civil Suit. The court upheld the appellate order that the Inventory Court should not proceed with auction until the civil suit between the parties is disposed of....

The case arises from Inventory Proceedings No.102 of 1999 initiated upon the death of Krishna Mandrekar before the Panaji Court. Only one immovable property was listed as an asset. The Head of the fam...

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High Court of Bombay at Goa Considers Appeal From Motor Accident Claims Tribunal Dismissal on Negligence; Highlights Tribunal's Failure to Decide Quantum. Claimant with 95.3% Permanent Disability Challenged Negligence Finding and Delay; Court Held Delay Not Fatal and Reiterated Duty to Decide All Issues Under Motor Vehicles Act, 1988....

The appeal arose from a motor accident compensation claim filed before the Motor Accident Claims Tribunal, North Goa, Panaji, sitting at Ponda. The claimant, a young assistant cook aged about 25 at th...

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Bombay High Court Quashes Enhancement of Interim Maintenance in Domestic Violence Case — Appellate Court Failed to Provide Reasons for Enhancement. The court held that enhancement of interim maintenance without specific reasons was unjustified and restored the Trial Court's order....

The petitioner, Rajkumar Laldhar Sharma, challenged an order of the Appellate Authority under the Protection of Women from Domestic Violence Act, 2005, which enhanced the interim maintenance granted t...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Disturbed. Agreement for Sale Contained Contradictory Clauses Regarding Time for Performance, and Plaintiff Failed to Prove Readiness and Willingness....

The appellant (plaintiff) filed a Second Appeal against the concurrent dismissal of his suit for specific performance of an agreement for sale of a plot. The appellant and respondent (defendant) enter...

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Bombay High Court Allows Restoration of Service Matter Dismissed for Default Due to Advocate's Negligence — Delay Condoned in Interest of Justice. Petitioner's Original Application under Article 227 of Constitution of India was dismissed for non-prosecution; Court held that litigant should not suffer for advocate's fault and restored the matter on merits....

The petitioner, Ashish Namdeo Sonkamble, applied for the post of Assistant Police Sub-Inspector (Radio Mechanic) and Police Constable (Wireless Operator) pursuant to an advertisement dated 16 December...