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Bombay High Court Considers Validity of Lease of Manjeetnagar Garden Space to Private Sports Club. Petition Alleges Illegal Diversion of Recreational Open Space Under Development Control Rules and Building Bye-Laws...

The writ petition challenged an agreement dated 30.3.1998 between the Aurangabad Municipal Corporation and the Icon National Sports Club, leasing a 26,450 sq.ft. open space in Manjeetnagar layout for ...

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High Court Allows Revision in KVAT Input Tax Credit Dispute — Assessee Entitled to Compute ITC on Books of Account and Claim Rebate for Research Division Purchases. The court held that the assessee could compute input tax credit based on books of account under Sections 11, 14, 17 of KVAT Act and was entitled to rebate for purchases by its ancillary research division....

The petitioner, M/s. Hindustan Unilever Ltd., filed revision petitions under Section 65(1) of the Karnataka Value Added Tax Act, 2003 (KVAT Act) against the judgment and order dated 05.07.2013 passed ...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Property Suit — Plaint Not Barred by Limitation or Res Judicata as Earlier Suit Was Withdrawn Without Liberty to File Fresh Suit....

The applicant, original defendant No.1 in S.C.S. No.5055/2012, filed a civil revision application under Section 115 of the Code of Civil Procedure, 1908 challenging the order dated 30/06/2014 passed o...

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Bombay High Court Allows Wakf Board's Second Appeal in Property Dispute Over Dargah and Graveyard. Court Holds That Wakf Board Can Sue for Declaration and Possession Without Prior Notification Under Section 6 of Wakf Act, 1954, and That Adverse Possession Cannot Be Claimed Against Wakf Property....

The appellant, Maratwada Wakf Board, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment of the first appellate court dated 16.09.1994, which had set...

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Bombay High Court Dismisses Petitions Challenging Demolition of Unauthorized Structures by Thane Municipal Corporation. Court upholds municipal action under Section 53 of the Maharashtra Regional and Town Planning Act, 1966, finding no violation of natural justice as notices were issued and opportunity of hearing was given....

The petitioners, Mr. Shailesh Manohar Patil, Mr. Ram Hari Egade, and Mr. Manohar Rama Salvi, filed three separate writ petitions under Article 226 of the Constitution of India before the Bombay High C...

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Bombay High Court Quashes Committal Order in Counter Case Dispute — Offences Not Exclusively Triable by Sessions Court Cannot Be Committed Without Trial Commencement. The Court held that Section 323 CrPC requires commencement of inquiry or trial before committal, and two cases with different times, places, and accused are not part of same transaction for joint trial....

The petitioner, Karan Sunil Ingole, challenged the order of the Judicial Magistrate First Class, Court No.4, Baramati, committing RCC No.247 of 2011 to the Court of Sessions, and the confirmation of t...

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Bombay High Court Dismisses Revision Against Rejection of Discharge in Coal Theft Case — Prima Facie Case Made Out for Criminal Conspiracy and Misappropriation. Court holds that at the stage of framing of charges, the court is required to consider the broad probabilities of the case and the material on record, and not to conduct a mini-trial....

The applicants, Prabhakar S/o Rupnarayan Jha and Bingumall Ramnaiah, filed a criminal revision application under Section 397 read with 401 of the Code of Criminal Procedure, 1973, challenging the orde...

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Bombay High Court Directs Release of Retirement Dues to Former President of Administrative Tribunal — Pension and Gratuity to Be Paid with 8% Interest. The court held that retirement benefits are not dependent on validity of appointment but on actual service rendered....

The petitioner, an advocate since 1979, was appointed as President of the Goa Administrative Tribunal on 24.10.2001. His appointment was challenged in Writ Petition No. 315/2001 on the ground that the...

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Bombay High Court Quashes Tribunal Order for Ignoring Binding Precedent in Section 14A Disallowance Case. Tribunal's refusal to follow earlier decision of the same court on identical issue held to be a jurisdictional error warranting interference under Article 226....

The petitioner, HDFC Bank Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 23 September 2015 passed by the Income Tax Appellate Tribunal (...

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High Court of Judicature at Bombay Dismisses/Quashes? Not known. Petitions by Agricultural University challenging trade union complaints on behalf of retired employees regarding pension dues allegedly beyond limitation....

The matter comprises a batch of writ petitions filed by Mahatma Phule Krishi Vidyapeeth Rahuri against Ahmednagar Zilla Shet Mazoor Union, various retired employees, and the State of Maharashtra. The ...