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Bombay High Court Dismisses Landlords' Revision in Rent Control Case — Legal Heir Entitled to Tenancy Without Actual Use Condition. The court interpreted Section 7(15)(d) of the Maharashtra Rent Control Act, 1999 to hold that the condition of using commercial premises at the time of tenant's death applies only to family members, not to legal heirs....

The case involves a civil revision application filed by the applicants (landlords) against the judgment and decree of the Division Bench of the Small Causes Court at Mumbai (Appeal Court), which decla...

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  • 167
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Bombay High Court Allows Petition to Declare Councilor's Office Vacant Due to Invalid Caste Certificate. The court held that the caste 'Vaishya-Wani' having been declared non-est, the election based on such caste is void ab initio....

The petitioners, Mr. Kaustubh D. Gokhale and Mr. Sulekh Anees Don, filed a writ petition challenging the inaction of the Commissioner of Kalyan Dombivali Municipal Corporation (KDMC) and seeking a dec...

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  • 126
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Bombay High Court Upholds City Civil Court's Lack of Jurisdiction in Cooperative Society Dispute — Plaint Returned for Presentation to Proper Court. The dispute pertains to recovery of possession and mesne profits by a cooperative housing society against its members and tenants, which falls under the Maharashtra Cooperative Societies Act, 1960, and is triable by the Cooperative Court....

The petitioner, M/s. Vinayak Ashish Cooperative Housing Society Ltd., filed a suit in the City Civil Court at Bombay against the respondents, who are members and tenants of the society, seeking recove...

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  • 287
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Bombay High Court Dismisses Petitions Challenging Tribunal's Refusal to Condone Delay in Service Termination Appeals. Delay of 259 Days Not Sufficiently Explained, Tribunal's Discretion Upheld....

The petitioners were employees of Respondent No.2 Institution and worked at Respondent No.3 College until their termination on 17.04.2012, communicated on 21.04.2012. They initially approached the Bom...

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  • 125
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High Court Allows Appeal in Income Tax Reassessment Case Due to Lack of Fresh Material — Reopening Under Section 147/148 Invalid as No New Tangible Material Beyond Original Assessment. The court held that reopening based on survey conducted after original assessment under Section 143(1) without fresh material showing income escaping assessment is not permissible....

The appellant-assessee, an individual, filed his return of income for the assessment year 2004-05 on 21.03.2005. The return was processed under Section 143(1) of the Income Tax Act, 1961, and no regul...

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  • 155
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Bombay High Court Allows Writ Petition for Lapsing of Land Reservation Due to Inaction by Municipal Authorities Under Section 127 of MRTP Act, 1966. The court held that a purchase notice under Section 127 substantially complied with requirements and the reservation lapsed as the authorities failed to acquire the land within the statutory period....

The petitioners, owners of land Gat No.370, Hissa No.1 at Pen, Raigad, filed a writ petition seeking release of their land from reservation No.7 (Garden) under the development plan that came into forc...

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  • 183
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Bombay High Court Upholds Conviction in NDPS Case for Possession of 92 Grams Heroin — Non-Commercial Quantity Sentenced to Two Years RI. Compliance with Section 50 of NDPS Act and Procedural Safeguards Found Adequate....

The appellant, Samsun Donald Dokubo, was convicted by the Special Judge under the NDPS Act for possession of 92 grams of heroin, a non-commercial quantity, and sentenced to two years rigorous imprison...

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  • 81
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Bombay High Court Upholds Life Imprisonment for Murder Based on Credible Eyewitness Testimony. Conviction under Section 302 IPC for knife assault in Ganesh Maidan, Ghatkopar, confirmed as eyewitness accounts were consistent and reliable....

The appellant, Gulam Dastagir @ Budda Rahimtulla Shaikh, was convicted by the Adhoc Additional Sessions Judge, Sewree, Mumbai, in Sessions Case No.336 of 2006 for the murder of Mahesh Chavan under Sec...

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  • 173
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Bombay High Court Allows Minority Institution's Petition Against AICTE's Refusal to Grant Approval for Engineering Course, Following Earlier Decisions in Similar Matters. The court held that the issues were identical to those in Saraswati Education Society's Saraswati College of Engineering v. AICTE and Karmaveer Bhaurao Patil College of Engineering v. AICTE, and disposed of the petition accordingly....

The petitioners, Hyderabad (Sind) National Collegiate Board and Watumall Institute of Electronics, Engineering and Computer Technology, are a minority Sindhi community institution running various coll...

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  • 143
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Bombay High Court Dismisses State's Writ Petitions Against Medical Officers' Promotions — Upholds Maharashtra Public Service Commission's Selection Process. The court held that the State cannot reject recommendations of the MPSC for promotion to the post of Deputy Director of Health Services without valid reasons, and the selection process conducted by the MPSC is binding on the State....

The case involves a batch of writ petitions filed by the State of Maharashtra and its health department officials against several Medical Officers. The Medical Officers were selected by the Maharashtr...

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

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