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Bombay High Court Dismisses Petition of Bus Driver Challenging Dismissal for Negligence in Fatal Accident. Held that the Labour Court and Industrial Court correctly upheld dismissal based on proved misconduct of gross negligence under Standing Order 20(j) of the Bombay Industrial Relations Act, 1946....

The petitioner, Balu Namdevrao Mule, was employed as a bus driver with the BEST Undertaking since 1993. On 9 February 2003, while driving bus No. 6733 on route 132/6, he knocked down a pedestrian at K...

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Bombay High Court Allows Petition for Section 54 Exemption on Purchase of House in USA — Amendment by Finance (No.2) Act 2014 Not Retrospective. The Court held that the amendment restricting exemption to investment in India is prospective and does not apply to transfers before 1st April 2015....

The petitioner, Hemant Dinkar Kandlur, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging an order dated 18th March 2019 passed by the Commis...

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Bombay High Court Allows Petition Against Demolition of Structurally Sound Building, Sets Aside Unsafe Declaration and Directs Structural Audit by Approved Agency. MCGM's failure to follow guidelines in MCGM v State of Maharashtra and to provide notice to the society before demolition violated principles of natural justice....

The petitioner, Andheri Purab Paschim Co-operative Housing Society Ltd., challenged the action of the Municipal Corporation of Greater Mumbai (MCGM) in declaring its building as unsafe and ordering it...

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Bombay High Court Allows Section 9 Petition by Developer Against Society in Redevelopment Dispute — Interim Injunction Granted to Protect Developer's Rights Pending Arbitration. The court held that the developer had a prima facie case and balance of convenience favored granting interim relief under Section 9 of the Arbitration and Conciliation Act, 1996....

The judgment concerns three cross-petitions under Section 9 of the Arbitration and Conciliation Act, 1996, arising from a dispute between a developer, Meeti Developers Private Limited, and a cooperati...

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Bombay High Court Allows Appeal Against Appointment of Court Receiver in Property Dispute — Appellant Not a Party to Agreement and Not in Possession, Receiver Appointment Set Aside. The court held that the learned Single Judge erred in appointing a receiver without considering that the appellant was a third party and not in possession of the suit property....

The present appeal was filed by Rajaram Chavan Real Estate Pvt. Ltd. (the appellant), who was originally Defendant No.7 in a commercial suit, challenging an order dated 20th July 2023 passed by a Lear...

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Bombay High Court Hears Appeal Against Rejection of Plaint in Partnership Property Dispute. Order VII Rule 11 CPC Application Allowed on Grounds of Limitation and Partnership Dissolution; Appellant Challenges Findings on Awareness and Continuation of Firm....

The appeal arose from an order dated 21 August 2019 passed by a Learned Single Judge of the Bombay High Court in Suit No.220 of 2013, allowing three Notices of Motion filed by certain respondents unde...

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Bombay High Court Dismisses Judgment Debtors' Challenge to Execution of Decree for Specific Performance — Time Extension for Deposit of Balance Consideration Upheld. Executing Court's Discretion to Extend Time Under Section 28 of Specific Relief Act, 1963 is Not Barred by Limitation if Decree is Alive and Enforceable....

The case arises from a decree for specific performance of an agreement for sale dated 20th February 1989 in respect of agricultural land. The original plaintiff (now deceased) obtained a decree on 14t...

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Bombay High Court Quashes Assessment Orders for Violation of Natural Justice in Transfer Pricing Adjustment. Failure to Provide TPO's Draft Order and Opportunity of Hearing Renders Proceedings Void Ab Initio Under Sections 144C and 92CA of Income Tax Act, 1961....

The petitioner, Undercarriage and Tractor Parts Pvt. Ltd., filed its return of income for Assessment Year 2015-2016 on 30 September 2015 declaring a loss of Rs.11,69,32,126/-. The return was selected ...

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Bombay High Court Acquits Accused in Dowry Death and Murder Case Due to Inconsistent Dying Declarations. Conviction under Sections 302, 498-A IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The appellant, Chandrakant Vishwanath Solas, was convicted by the Additional Sessions Judge, Aurangabad on 10.07.2017 in Sessions Case No.32/2015 for offences punishable under Sections 302 and 498-A o...

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Bombay High Court Upholds Medical Council of India Regulations and Dismisses PwD Candidates' Challenge. Expert Disability Board Decision on Eligibility for Medical Course Held Final and Not Subject to Judicial Review....

The petitioners, three candidates with locomotor disabilities, applied for admission to the Under Graduate Medical Course under the National Eligibility Entrance Test (NEET UG) 2023 in the Person with...