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Bombay High Court Allows Petition Challenging Reopening of Assessment Under Section 148 of Income Tax Act, 1961 — Reopening Based on Mere Change of Opinion Without Fresh Material Held Invalid....

The petitioner, M/s. Rabo India Finance Limited, challenged the reopening of its income tax assessment for Assessment Year 2006-07 under Section 148 of the Income Tax Act, 1961. The reopening was base...

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High Court of Bombay Dismisses Second Appeal in Property Possession Suit – Defendant's Legal Representatives Challenge Decree Based on Gift Deed Attestation and Ownership Proof. Release Deed Held Valid Under Section 123 of Transfer of Property Act as Executor Admitted Execution, Making Attesting Witnesses Unnecessary....

The litigation arose from a dispute over possession and ownership of a Nazul plot situated at Ner, District Yavatmal. The original plaintiff, Geetabai, claimed title through a registered release deed ...

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Bombay High Court Allows Appeal and Sets Aside Temporary Injunction in Land Development Dispute; Holds Plaintiffs Failed to Establish Prima Facie Case. Court finds that registered documents do not confer right when obtained fraudulently after cancellation of original agreement, and trial court's view perverse....

The present appeal arose from an order granting temporary injunction in a suit for declaration and permanent injunction. The appellants, who were the original owners of agricultural land, had entered ...

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Bombay High Court Dismisses Revision in Slum Property Dispute — City Civil Court Has Jurisdiction. Court holds that suit for declaration and injunction regarding slum premises is not barred by Section 28 of Maharashtra Slum Areas Act, 1971, as the bar applies only to eviction suits....

The case involves two Civil Revision Applications challenging an order dated 23/07/2012 passed by the learned Judge of the City Civil Court, Greater Mumbai, which held that the City Civil Court has ju...

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Bombay High Court Dismisses Execution Application in Rent Control Matter Due to Bar of Civil Court Jurisdiction. Execution of Competent Authority's order under Maharashtra Rent Control Act cannot be pursued under CPC; remedy lies within the Rent Act....

The applicants, original plaintiffs and decree holders, filed an Execution Application under Order XXI Rule 11(2) of the Code of Civil Procedure, 1908 before the Bombay High Court in its ordinary orig...

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Bombay High Court Allows Appeal in Society Membership Dispute — Removal of Life Member Set Aside for Violation of Natural Justice. Managing Committee's Decision to Expel Member Without Proper Inquiry and Opportunity of Hearing Held Invalid Under Societies Registration Act....

The appellant, Ramswaroop Sunderlal Goyal, was a life member of the respondent, North India Association, a society registered under the Societies Registration Act. By a letter dated 9th September 2010...

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Bombay High Court Upholds Conviction of In-laws for Murder of Daughter-in-law in Dowry Harassment Case. Appellants convicted under Sections 302, 342, 323 read with Section 34 IPC for causing death of Savita by pouring kerosene and setting her on fire due to failure to bring Rs.20,000/- for house construction....

The appellants, Babusha @ Baburao Ramabhau Upase (brother-in-law), Sakhubai Rama Upase (mother-in-law), Sau. Shobha Vaijnath Naikwadi (sister-in-law), and Rama Vithal Upase (father-in-law), were convi...

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Bombay High Court Allows Section 9 Petition in Development Dispute — Directs Deposit of Rs.12.5 Crores and Appointment of Court Receiver. Clause 6 of MOU for Refund on Default Forms Basis for Interim Relief Under Arbitration and Conciliation Act, 1996....

The petitioners, four individuals, entered into a Memorandum of Understanding (MOU) with the respondent, a developer, on 29 July 2011 for development of property. Under the MOU, the petitioners agreed...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Favour of Transport Contractor in Dispute Over Deduction for Alleged Moisture in Oil Sample. Failure to Record Moisture on Delivery Challan and Acceptance of Sample Without Demur Amounts to Waiver Under Contract Clauses 21 and 27....

The petitioner, Indian Oil Corporation Ltd. (IOC), challenged an arbitral award dated 19th May 2009 passed by a Sole Arbitrator in favour of the respondent, National Transport Co., a fleet owner and t...