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Bombay High Court Dismisses Petition Challenging Order to Produce Original Document in Suit for Specific Performance — Court Holds That Production of Original Agreement Is Necessary for Adjudication of Rights Under Section 16(c) of the Specific Relief Act, 1963....

The petitioners, legal heirs of the original defendant Sharad, challenged an order dated 20/2/2012 passed by the 3rd Joint Civil Judge, Senior Division, Nagpur, allowing an application (Exh. 118) file...

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Bombay High Court Allows Writ Petition Challenging Maintainability of Revision Under Section 34(4) of Maharashtra Rent Control Act, 1999 Against Order on Application for Restoration of Essential Supply. The Court held that the word 'application' in Section 34(1)(d) cannot be equated with 'suit' or 'proceeding' for the purpose of revision under Section 34(4)....

The petitioner, Nirmal Ujwal Credit Co-operative Society Ltd., filed a writ petition challenging the order of the District Judge, Nagpur, who had entertained a revision application under Section 34(4)...

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Bombay High Court Dismisses Second Appeal in Property Injunction Case - Possession Sufficient for Injunction Without Title. Perpetual Injunction Granted to Plaintiffs in Possession of Open Land Despite Ownership Being Recorded in Defendants' Name Under Section 38 of Specific Relief Act, 1963....

The case involves a property dispute over an open land described as IB out of CTS No. 499, situated in front of CTS Nos. 498, 500, and 501 in Masuchiwadi village. The plaintiffs, who are owners of CTS...

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Bombay High Court Holds Telecommunication Service Constitutes 'Commerce' Under Bombay Sales Tax Act — Incidental Sale of Scrap Taxable. The court interpreted Section 2(5A) of the Bombay Sales Tax Act, 1959 to include telecommunication services as 'commerce', making the appellant a 'dealer' liable for tax on scrap sales....

The case involves Sales Tax References under the Bombay Sales Tax Act, 1959, concerning the tax liability of M/s. Bombay Telephone (now Mahanagar Telephone Nigam Limited) for the period from 1 April 1...

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Bombay High Court Allows Revenue's Appeal on Indexation Benefit for Redemption of Non-Cumulative Preference Shares. Redemption of preference shares is a 'transfer' under Section 2(47) of the Income Tax Act, 1961, and indexation benefit under Section 48 is not available as preference shares are in the nature of debt....

The appeal by the Revenue under Section 260A of the Income Tax Act, 1961, arose from a decision of the Income Tax Appellate Tribunal dated 19 December 2008 concerning the assessment proceedings for As...

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Bombay High Court Allows Appeal in Property Dispute Over Gold Necklace — Custody of Article 30 Given to Appellant as Owner Based on Evidence of Theft. The court held that the trial court erred in granting custody to respondent no.2 based on prior custody during investigation, ignoring evidence that the article was stolen property....

The appellant, Jitendra Shantilal Thalesar, was the original complainant in Sessions Case No.578 of 1991 arising from Crime No.428 of 1990 registered at L.T. Marg police station. The case involved a r...

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Bombay High Court Allows Victim Compensation Appeals Under Section 357A CrPC — State Must Compensate Victims Even if Accused Acquitted or Untraced. The court held that victim compensation is a mandatory duty of the State, not dependent on conviction of the accused....

The judgment concerns four criminal appeals (Criminal Appeal Nos. 991, 992, 331, and 854 of 2011) heard together by the Bombay High Court. The appeals raised a common question of law regarding the int...

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Bombay High Court Upholds Conviction of Accused in Murder Case Under Section 302 IPC — Life Imprisonment Maintained. Common Intention Under Section 34 IPC Established as Multiple Assailants Armed with Deadly Weapons Participated in the Attack on the Victim....

The case pertains to an incident that occurred on 23 October 1993, when the victim Prabhakar Sawant was driving his autorickshaw accompanied by PW-1 Chandrakant Govalkar, PW-2 Dhanaji Dhopate, and PW-...

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Bombay High Court Upholds Conviction of Appellants in Political Rivalry Murder Case. Appellants convicted under Sections 147, 148, 302/149, 504/149, 506/149, 326/149, 323/149, 447/149 IPC for attacking rival political group resulting in death....

The appellants, original accused nos.1-7, were convicted by the Sessions Court for various offences including murder, rioting, and causing hurt, arising out of a political rivalry incident on 24th Nov...