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High Court Dismisses Writ Petition Challenging Eviction Order for Unauthorized Construction by MHADA Tenant. Petitioner failed to prove that construction was within plot boundary or that MHADA lacked jurisdiction under Section 66 of MHADA Act, 1976....

The petitioner, Maniram Satyanarayan Chaudhari, was allotted a tenement by the Maharashtra Housing and Area Development Board (MHADA) on 19th November 1988 and had been residing there. The Estate Mana...

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Bombay High Court Allows Second Appeal in Partition Suit — Sale by Brother for Legal Necessity Upheld. Daughters' Claim for Partition Dismissed as Sale Deed Dated 28.3.1968 Was Supported by Legal Necessity and Prior Conditional Sale....

The case involves a partition suit filed by two daughters (plaintiffs) against their brother Tukaram and the appellant (defendant no.1), who purchased the suit land from Tukaram. The plaintiffs sought...

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High Court of Bombay at Goa Dismisses Appeal by KTC in Motor Accident Claim — Negligence of Bus Driver Upheld. Compensation of Rs. 5,52,000 awarded to widow and children of deceased van driver, with income assessed at Rs. 3,000 per month, multiplier 16, and 50% future prospects....

The case arises from a motor accident claim filed by the widow and minor children of Francisco Da Costa, who died in a collision between a Maruti van he was driving and a bus owned by Kadamba Transpor...

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Bombay High Court Allows Appeal in Income Tax Case: Investment in Shares of Private Company for Acquiring Control Held as Capital Asset, Not Stock-in-Trade. Shares held for 31 months with transfer restrictions cannot be treated as trading asset under Income Tax Act, 1961....

The appellant, Accra Investments Private Ltd., filed an appeal under Section 260A of the Income Tax Act, 1961 against the order dated 25 April 2012 of the Income Tax Appellate Tribunal (Tribunal) rela...

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Bombay High Court Dismisses Appeal Against Demolition Notice for Unauthorized Construction Under Section 354A of Mumbai Municipal Corporation Act. Tenant Failed to Prove Permission for Construction and Suit Was Barred by Lack of Statutory Notice Under Section 527 of BMC Act....

The appellant, Shivashankar Swami, filed a suit in the Bombay City Civil Court challenging a notice dated 5 July 1999 issued under Section 354A of the Mumbai Municipal Corporation Act, 1888, by the Mu...

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Bombay High Court Quashes Externment Order Due to Non-Compliance with Statutory Time Limits Under Maharashtra Police Act, 1951. Appellate Authority's Failure to Hear Appeal Within Time Despite Court Directions Renders Externment Unsustainable....

The petitioner, Vinayak Dynaneshwar Mainkar, a contractor from Miraj, Sangli, was served with two show cause notices dated 22nd April 2012 and 17th October 2012 under Section 56 of the Maharashtra Pol...

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Bombay High Court Quashes Preventive Detention Orders in Habitual Offender Case — Police Action Under Section 151 CrPC Found Without Proper Material. Arrest for Having Tea at Roadside Stall Not Justified as Imminent Offence Under Section 151 CrPC, and Bond Under Section 116 CrPC Ordered Without Inquiry....

The petitioner, Vijay Lahu Patil, was arrested on 22 February 2013 at around 11 am while having tea near Shivaji University in Kolhapur. The police, led by Respondent No.4 (Sub-Inspector V.T. Jadhav),...

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Bombay High Court Allows Chamber Summons for Disclosure of Assets in Execution of Arbitral Award - Judgment Creditor Entitled to Examine Judgment Debtor's Guardian Under Order 21 Rule 41 CPC. Court directs guardian of lunatic judgment debtor to disclose assets and produce documents but declines arrest at this stage....

The applicants, M/s. LA'Builde Associates, a partnership firm, were judgment creditors under an arbitral award dated 22nd April 2004 passed by sole arbitrator Shri S.R. Shah. The respondent, Bipinchan...

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Bombay High Court Enhances Royalty for Court Receiver's Property in License Dispute. Court modifies Receiver's order fixing royalty at Rs.45,000 per month and enhances to Rs.1,50,000 per month based on valuation report and market rates....

The plaintiff filed a chamber summons seeking modification of the Court Receiver's order dated 24 August 2010 fixing royalty at Rs.45,000 per month for the suit premises, and sought enhancement to Rs....

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Bombay High Court Quashes Leave India Notice and Directs Fresh Consideration of Visa Conversion Application. Non-Compliance with High Court's Orders and Lack of Personal Hearing Lead to Setting Aside of Deportation Order....

The petitioner, an Iranian national, had been residing in Pune, India, on an X visa (residence visa) which was extended up to 31 October 2011. He sought to convert his X visa to a Business visa to con...