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Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Discrepancy in Dates. Discrepancy between date of detention order (02/02/2012) and grounds of detention (03/02/2012) shows subjective satisfaction recorded after order, vitiating detention....

The petitioner, Iqbal Sikandar Pathan, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders and Dangerous Persons and Video P...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Full and True Disclosure — Investment in Bonds Prior to Sale of Property Does Not Disentitle Deduction Under Section 54EC. The Court held that the assessee had disclosed all material facts and the reopening was based on a change of opinion, thus invalid....

The petitioner, Mrs. Parveen P. Bharucha, filed a writ petition under Article 226 of the Constitution of India challenging a notice dated 31.03.2011 issued under Section 148 of the Income Tax Act, 196...

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Bombay High Court Allows Landlord's Revision in Rent Control Case — Bonafide Need and Willful Default Established. Landlord's requirement for non-residential premises for own business and tenant's willful default in rent payment under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 Sections 12(3)(a) and 13(1)(g) upheld....

The revision applicant, Shrirang Harikishan Agrawal, was the landlord of non-residential shop premises bearing Municipal No.59/3 at Main Road, Latur. The premises were let out to M/s. Asha Electric St...

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High Court of Judicature at Bombay Allows Writ Petition Challenging Maharashtra Revenue Tribunal’s Restoration Order. Tenant’s Application Under Section 32G for Price Fixation Could Not Be Converted into a Proceeding for Restoration of Possession, and Earlier Section 33B Proceeding Already Restored Part of the Land....

The dispute involved a tenant’s application under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948, for fixation of the purchase price of agricultural land. The tenant, Kashinath P...

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Bombay High Court Quashes Section 28-A Award Due to Non-Joinder of Acquiring Body; Remits for Fresh Hearing. Acquiring Body Held Necessary Party in Land Acquisition Act, 1894 Section 28-A Proceedings; Award Passed Without It Violates Natural Justice and Is Set Aside....

The writ petition challenged an award dated 16.10.2004 passed by the Special Land Acquisition Officer under Section 28-A of the Land Acquisition Act, 1894, granting enhanced compensation to a landowne...

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Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind — Detaining Authority Failed to Consider Less Restrictive Measures Like Cancellation of Passport. Preventive Detention Order Under Section 3(1)(i) of COFEPOSA Act Set Aside as Subjective Satisfaction Was Vitiated by Failure to Consider Alternative Remedies....

The petitioner, Mohammed Ashfaq Hallare, challenged a detention order dated 25 October 2011 passed by the Principal Secretary (Appeals and Security) to the Government of Maharashtra, Home Department, ...

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Bombay High Court Considers Reference for Confirmation of Death Sentence Under Section 366 CrPC and Criminal Appeal Against Conviction. The Trial Court Convicted the Accused Under Sections 302, 307, 323 Indian Penal Code and Awarded Death Sentence....

The matter came before the Bombay High Court as a confirmation reference under Section 366 of the Code of Criminal Procedure, 1973, and a criminal appeal against the judgment of the Additional Session...

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Bombay High Court Partially Sets Aside Arbitral Award in Construction Contract Dispute — Net Delay Compensation Concept Not Permissible Under Contract. The Court held that the Arbitrator's approach of awarding compensation based on 'net delay' was contrary to the express terms of the contract and remanded the counterclaim for fresh adjudication....

The judgment concerns two arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, arising from a construction contract dispute between Maharashtra State Road Development ...

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Bombay High Court Dismisses Tenant's Petition in Eviction Case for Non-Compliance of Section 15(3) of Maharashtra Rent Control Act, 1999. Concurrent findings of arrears of rent for 36 months and failure to tender standard rent and permitted increases upheld....

The petitioner, Chandiram s/o Dariyanumal Ahuja, was a tenant of the respondent, Akola Zilla Shram Wahatuk Sahakari Sanstha, a registered co-operative society. The respondent filed Small Cause Suit No...

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Bombay High Court Allows Appeal in Part Reducing Compensation in Motor Accident Claim Due to Wrong Multiplier. Multiplier of 13 applied instead of 20 based on age of claimants, reducing award from Rs.2,73,000 to Rs.1,74,000....

The appeal was filed by the National Insurance Co. Ltd. and the owner of the truck against the judgment and award of the Motor Accident Claims Tribunal, Chandrapur, dated 28.03.1994 in M.A.C.P. No. 44...