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High Court of Karnataka Quashes Recovery Order Against State Agency for Exceeding 20% Limit Under Section 220(6) of Income Tax Act, 1961. Recovery of Rs.16,95,48,869/- for multiple assessment years held illegal as it exceeded the statutory limit of 20% pending appeal....

The petitioner, Bidar Nirmiti Kendra, an agency of the State Government, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging the recovery of tax by the Income Tax ...

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Bombay High Court Quashes FIR in Rape and Attempt to Murder Case Due to Consensual Relationship and Delay. Relationship between co-accused and complainant was consensual for four years; no offence under Section 376 IPC made out....

The applicants, six individuals including Shankar Baliram Hatwar and others, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 8/2017 ...

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Bombay High Court Acquits Appellant in Dowry Death Case Due to Lack of Evidence of Demand Soon Before Death. Conviction under Sections 304B and 498A IPC Set Aside as Prosecution Failed to Establish Proximate Link Between Demand and Death....

The appellant, Ravindra Ingle, was convicted by the trial court under Sections 304B and 498A of the Indian Penal Code (IPC) for the dowry death of his wife, Lalita. The prosecution alleged that Lalita...

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Bombay High Court Dismisses Petition Challenging Execution of Maintenance Order, Upholds Family Court's Refusal to Dismiss Execution as Time-Barred. Execution of maintenance order under Section 24 of Hindu Marriage Act, 1955 is not governed by Article 136 of Limitation Act, 1963; application for execution filed within 12 years from date of decree is within limitation....

The petitioner, Parag Subhash Parelkar, and respondent No.2, N. Geetanjali Parag Parelkar, were legally wedded husband and wife. Due to marital discord, the wife filed a marriage petition for dissolut...

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Bombay High Court Pronounces on MSEDCL's Challenge to Order Permitting Single Point Supply to Condominium Under Section 127 Electricity Act. Appellate Authority Allowed Developer to Supply Electricity to Unit Holders through HT Connection Without Individual Connections....

The dispute pertains to the legality of single point electricity supply to a condominium complex known as Great Eastern Plaza in Pune. The petitioner, Maharashtra State Electricity Distribution Compan...

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Bombay High Court Quashes Disqualification of Director in Cooperative Society Case — Loan Default Not Proven as Wilful Default Under MCS Act. Disqualification under Sections 73(CA)(1)(i) and 78(A)(1)(b) of Maharashtra Co-operative Societies Act, 1960 set aside as petitioner had cleared arrears and no notice or opportunity was given before disqualification....

The petitioner, Umesh Mukundrao Apte, filed a writ petition under Article 227 of the Constitution of India challenging two orders: (1) an order dated 16 February 2017 passed by the Regional Joint Dire...

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Bombay High Court Allows Writ Petition in Specific Performance Suit — Ex-parte Decree Restored Due to Valid Service of Summons. Service by affixture at last known address under Order 5 Rule 20 CPC held valid despite bailiff's report of 'left premises'....

The petitioners, original plaintiffs, filed a suit for specific performance against the respondent/defendant based on an agreement dated 4th April 1996. The suit was registered as Special Civil Suit N...

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Bombay High Court Upholds Fee Regulation Act in Challenge by Parents' Association — School Fee Fixation Must Comply with Statutory Framework Under Maharashtra Educational Institutions (Regulation of Fees) Act, 2013. The court held that the Act and Rules are constitutionally valid and directed the Fee Regulatory Committee to reconsider the fee structure....

The petitioners, Khed Taluka Vidyarthi Palak Sangh (a society registered under the Maharashtra Societies Registration Act, 1860) and Kiran Kamlakar Khude, filed a writ petition under Article 226 of th...

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Bombay High Court Allows Lavasa Corporation's Second Appeals Against RERA Orders, Holding That RERA Has No Jurisdiction Over Complaints Filed Before Its Establishment. The Court ruled that the Real Estate Regulatory Authority cannot entertain complaints regarding agreements executed prior to the commencement of the Real Estate (Regulation and Development) Act, 2016....

The judgment involves three second appeals filed by Lavasa Corporation Limited against orders of the Real Estate Regulatory Authority (RERA) and the Appellate Tribunal. The appellant, a real estate de...

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Bombay High Court Allows Writ Petition Challenging Auction Sale of Guarantor's Property Without Notice Under Maharashtra Cooperative Societies Act. Court holds that sale of property belonging to a guarantor without notice under Section 101 and Rule 107 is void and liable to be set aside....

The petitioner, Amit P. Modi, filed a writ petition challenging the auction sale of his property by the respondent no.5 society, for which he was a guarantor. The respondent no.2, Pradeep Subhashchand...