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Bombay High Court Allows Writ Petition Challenging Fresh Eviction Proceedings After Earlier Dismissal Attained Finality — Principle of Res Judicata and Estoppel Applied to Bar Second Eviction on Same Grounds Under Section 120C of Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958....

The petitioner, Ashok Bhaurao Sardar, was a tenant of agricultural land owned by respondent no.4, Roopnath Maharaj Sanstha Trust. The Trust initiated eviction proceedings against the petitioner, which...

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High Court Frames Substantial Questions of Law in Second Appeal Involving Exclusive Right to Perform Puja in Privately Owned Temple. Appeal Raises Issues on Admissibility of Old Documents Under Section 90 of Indian Evidence Act and Bar of Suit Under Bombay Hindu Places of Public Worship Act, 1956....

Background: The litigation arose from a dispute between two Hindu communities, the Badaves (plaintiffs) and the Lingayats (defendants), over the right to perform religious ceremonies at the Shikhar Sh...

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Bombay High Court Allows Second Appeal in Rent and Possession Dispute — Agreement of Sale Does Not Create Tenancy. The court held that an agreement of sale does not establish a landlord-tenant relationship, and the defendant's possession is permissive, not as a tenant under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947....

The case involves a second appeal by the original plaintiff, Vithal Saidu Lokhande, against the judgment of the appellate court which set aside the trial court's decree for arrears of rent and possess...

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Bombay High Court Dismisses Revenue's Appeal in International Taxation Case Due to Identical Facts with Precedent. No Substantial Question of Law Found in Appeal Under Income Tax Act, 1961....

The Director of Income Tax (International Taxation) appealed against an order of the Income Tax Appellate Tribunal in the case of M/s Safmarine Container Lines NV. The High Court noted that it was com...

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Bombay High Court Dismisses Revenue's Appeal in International Taxation Case Due to Lack of Substantial Question of Law. Precedent from Companion Appeal Applied to Container Shipping Tax Dispute....

The Director of Income Tax (International Taxation) appealed against an order of the Income Tax Appellate Tribunal in favor of M/s Safmarine Container Lines NV. The High Court noted that the issue and...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Case: Inland Haulage Charges Covered Under Article 8 of India-Belgium DTAA. The Court held that income from inland transport of cargo to port for international shipping is part of shipping income and not taxable as business profits....

The case involves an appeal by the Director of Income Tax (International Taxation) against an order of the Income Tax Appellate Tribunal (ITAT) dated 5th August 2011. The respondent, M/s Safmarine Con...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Case Due to No Substantial Question of Law. Consequential Assessment Order Becomes Non-Est After Section 263 Order is Quashed and Upheld....

The Commissioner of Income Tax-II filed an appeal under section 260A of the Income Tax Act, 1961, challenging an order of the Income Tax Appellate Tribunal (ITAT) dated 19th August 2011. The assessmen...

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Bombay High Court Upholds Conviction of Husband for Dowry Death and Abetment of Suicide — Evidence of Demand for Rs. 1,00,000 and Golden Ring Establishes Cruelty and Dowry Demand. The court held that the presumption of dowry death under Section 113B of the Evidence Act applies and the appellant failed to rebut it....

The appellant, Dashrath Shamrao Dalve, was convicted by the Additional Sessions Judge, Pune, for offences under Sections 304-B, 306, 498-A, and 201 of the Indian Penal Code (IPC) in Sessions Case No. ...

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Bombay High Court Dismisses Petition Challenging Demolition Notice for Unauthorized Reconstruction of Servant Quarters in Cantonment Area. Reconstruction Without Prior Sanction Under Section 238 of Cantonments Act, 2006 Constitutes Unauthorized Construction Justifying Demolition Under Section 248(1)....

The petitioner, an occupant of residential premises within the Pune Cantonment Board limits, obtained sanction for building plans on 6 May 2008 under Section 238 of the Cantonments Act, 2006. During c...