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High Court of Bombay Allows Second Appeal and Remands Suit for Fresh Trial Due to Non-Application of Mind by Lower Courts. Trial Court's Final Order Lacked Reasoning and First Appellate Court Failed to Discuss Cited Precedents, Resulting in Remand Under Section 107 CPC....

The appellant, Manoj Ganpatlal Chamedia, filed a second appeal before the High Court of Bombay challenging the judgment and order of the first appellate court in Regular Civil Appeal No.45 of 2001, wh...

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High Court of Bombay Sets Aside Dismissal of Suit Due to Non-Application of Mind by Trial and First Appellate Courts. The court remanded the matter for fresh adjudication as the lower courts failed to properly consider the cited rulings and the final order lacked reasoning....

The case involves a second appeal before the High Court of Bombay at Nagpur, arising from a Regular Civil Appeal No.45 of 2001 decided on 14/8/2012, which had dismissed the appeal against the judgment...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Case — No Substantial Question of Law Arises. Deduction under Section 48(1) and Section 54EC of Income Tax Act, 1961 upheld as payments to sisters and nieces were for clearing overriding title and investment in REC bonds was within time....

The case involves an appeal by the Revenue under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal (ITAT) allowing deductions claimed by the assessee, Shr...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Case — No Substantial Question of Law Arises. Deduction under Section 48(1) and Section 54EC of Income Tax Act, 1961 Allowed as Payments to Sisters and Nieces Were Cost of Acquisition and Investment in REC Bonds Was Valid....

The case involves an appeal by the Revenue under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal (ITAT). The assessee, Shri Kamlakar Moghe, inherited a...

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Bombay High Court Allows Second Appeal in Property Title Suit — Gift Deed Title Upheld Despite Survey Omission. Court holds that first appellate court misconstrued the gift deed and wrongly cast burden of proof on plaintiffs regarding limitation....

The appellants, Joaquim Antonio Pacheco and Marcelina Fernandes, filed a suit for declaration of title and correction of survey records in respect of a property in Nagarcem, Canacona, Goa. They claime...

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Bombay High Court Allows Section 9 Petition for Appointment of Receiver and Injunction in Loan Default Case. Loan Agreement and Mortgage by Deposit of Title Deeds Established Prima Facie Case for Interim Relief Under Section 9 of the Arbitration and Conciliation Act, 1996....

The petitioner, Aditya Birla Finance Limited, a non-banking finance company, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief pending arbitration....

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Bombay High Court Quashes Circular Restricting Pre-Litigation Counselling Under the Protection of Women from Domestic Violence Act, 2005. Circular Discriminates Against Registered Service Providers and Deprives Women of Sound Advice, Violating Articles 14 and 21 of the Constitution....

The litigation arose from a Suo Motu Public Interest Litigation initiated by Dr. Jaya Sagade, a Professor of Law and Director of a service provider under the Protection of Women from Domestic Violence...

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High Court of Karnataka Dismisses Writ Petition for Lease Deed for Granite Mining on Patta Land Due to Minimum Area Requirement. Amendment to Mining Rules Prohibits Lease for Land Less Than 2.2 Acres....

The petitioner, Shri Shanthu Gurum, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, seeking a direction to the respondent...