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Bombay High Court Division Bench Answers Referred Questions on Adequacy of Protection Under Section 52 of Transfer of Property Act and Grant of Interim Injunctions. The Court Examined Whether Section 52 TP Act Provides Sufficient Safeguard to Deny Injunction Pendente Lite and the Role of Notice Registration Under Section 18 of the Indian Registration Act....

The appeal arose from an order of the Trial Court rejecting the appellant's application for temporary injunction in a suit for specific performance of an agreement to sell. The appellant had filed Spe...

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Bombay High Court Dismisses Appeal Against Municipal Corporation in Tenancy Dispute — No Interim Injunction Granted as Appellants Failed to Establish Prima Facie Case of Tenancy. Court Held That Mere Payment of Taxes Does Not Confer Tenancy Rights and Corporation's Title as Owner Remains Unchallenged....

The appeal arises from an order dated 20th September 2014 passed by the City Civil Court, Mumbai, dismissing the Notice of Motion No.2333 of 2014 in L.C. Suit No.1759 of 2014. The appellants, who clai...

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Bombay High Court Allows Appeal Against Refusal of Injunction in Municipal Demolition Case — Structure Claimed to Be Pre-1962 Protected Property. Court Holds That Prima Facie Case for Interim Relief Exists Where Structure Allegedly Existed Prior to Cut-Off Date Under Section 351 of MMC Act, 1888....

The appellant, M/s Masjid Wa Madrasa Fatimatu Zohra (Ra) Trust, filed an appeal against an order of the City Civil Court, Mumbai, dated 21 September 2016, which refused to grant ad-interim injunction ...

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Bombay High Court Adjudicates Upon Challenge to Pre-Deposit Order and Validity of Explanation to Schedule Entry A-45 of MVAT Act, 2002. The Petition Seeks Quashing of Assessment and Pre-Deposit Orders for Pan Masala Containing Tobacco Exemption Denial and Striking Down of Discriminatory Notification....

The petitioner, M/s. Ghodawat Energy Pvt. Ltd., a manufacturer of pan masala with and without tobacco, challenged the levy of VAT on pan masala containing tobacco (gutkha/mawa) for the financial year ...

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Bombay High Court Allows Writ Petitions Challenging Demand of VAT on Pan Masala Containing Tobacco under MVAT Act, 2002. Exemption Under Schedule Entry A-45 Upheld and Part Payment Orders Quashed as Explanation Inserted by Notification dated 21.01.2006 Held Ultra Vires....

The dispute arose under the Maharashtra Value Added Tax Act, 2002 regarding the levy of VAT on pan masala containing tobacco (gutkha/mawa) for the financial year 2005-06. The petitioner, M/s. Ghodawat...

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Bombay High Court Acquits Appellant in Dowry Death and Abetment of Suicide Case Due to Inconsistent Dying Declarations. Conviction under Sections 498A and 306 IPC Set Aside as Suicide Not Directly Linked to Alleged Cruelty....

The appellant, Naresh Keshaorao Ganar, was convicted by the Additional Sessions Judge, Wardha, for offences under Sections 498A and 306 of the Indian Penal Code for allegedly subjecting his wife Jyoti...

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Bombay High Court Quashes FIR Against Father in Property Dispute with Daughters — Criminal Proceedings Initiated After Civil Suit Dismissed Amount to Abuse of Process. FIR under Sections 406, 420, 506(ii) IPC and Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989 Quashed as Complainant Failed to Disclose Cognizable Offence and Proceedings Were Malicious....

The petitioner, Vaman Narayan Ghode, an elderly widower, filed a criminal writ petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 201/2013 registered at Ma...

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Bombay High Court Adjudicates Challenges to Cancellation of Non-Creamy Layer Certificates. Petitioners Contend Income from Salary of Group C Employees Should Be Excluded Under Office Memoranda of Central Government....

The matter concerned two writ petitions filed under Article 226 of the Constitution of India challenging orders withdrawing Non-Creamy Layer certificates. The petitioners, medical students belonging t...

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Bombay High Court Dismisses PIL Challenging Transfer of State Information Commissioner Under RTI Act. Section 15(4) of the Right to Information Act, 2005 read with Rule 10 of the Maharashtra Right to Information Rules, 2009 empowers the State Chief Information Commissioner to transfer State Information Commissioners....

The petitioner, a journalist and RTI activist, filed a Public Interest Litigation challenging the transfer of Respondent No.3, a State Information Commissioner, from Amravati to Pune by the State Chie...