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Bombay High Court Allows Appeal in Property Injunction Case — Suit for Injunction Simpliciter Not Maintainable When Specific Performance Is Available. Section 41(h) of Specific Relief Act, 1963 Bars Injunction Where More Efficacious Relief of Specific Performance Is Not Sought....

The appellant, original defendant no.1, owned a flat. On 6 June 2008, he allegedly agreed to sell it to the respondent no.1 (plaintiff) for Rs.40 lakh, receiving Rs.1 lakh by cheque and Rs.15 lakh in ...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. Preventive Detention Cannot Be Based on Old Incidents Without Proximate Link to Public Order....

The petitioner, Adil Chaus, challenged an order of preventive detention passed by the Commissioner of Police, Aurangabad, on 30 August 2011 under Section 3(1) of the Maharashtra Prevention of Dangerou...

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Bombay High Court Dismisses Petition Challenging Rejection of Scheduled Tribe Claim for Tokre Koli Tribe. Entry of caste as 'Koli' or 'Suryawanshi Koli' in father's school and birth records after Presidential notification considered relevant evidence against claim....

The petitioner, Harshal Gulab Sonawane, filed a writ petition challenging the order dated 23.8.2009 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar, which rejected his claim of...

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Bombay High Court Dismisses Petition Challenging Entertainment Duty on Permit Rooms and Beer Bars with Live Orchestra. Levy of Rs. 50,000 or Rs. 25,000 per month is a valid fiscal measure not infringing Article 19(1)(g) and does not constitute double taxation....

The petitioner, Ashok Ganapati Gupta, proprietor of M/s. Ashoka Restaurant and Bar, filed a writ petition challenging the constitutional validity of the Bombay Entertainment Duty (Amendment) Act 2010,...

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Bombay High Court Quashes Reopening Notice in Income Tax Case Due to Lack of Fresh Material Beyond Four Years. Unabsorbed Depreciation Set-Off and Book Profit Adjustments Under Section 115JB of Income Tax Act, 1961 Not Justified for Reopening....

The petitioner, Voltas Limited, filed a writ petition challenging a notice dated 30 March 2011 issued under Section 148 of the Income Tax Act, 1961, seeking to reopen its assessment for Assessment Yea...

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Bombay High Court Dismisses Tax Appeals in Income Tax Case — Commission and Deposit Additions Upheld as Findings of Fact. No Substantial Question of Law Arises Under Section 260A of the Income Tax Act, 1961....

The appellant, Vijay Narayandas Rizwani, was an assessee carrying on business of distribution of country liquor. For the assessment year 1994-95, he filed a return showing total sales of Rs. 6.17 Cror...

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Bombay High Court Dismisses Petition Challenging Advertisement for Untrained Primary Teachers — Petitioner Lacks Locus Standi as She Was Not Selected Under Either Advertisement....

The petitioner, Ku. Manda Jayaprada, filed a writ petition challenging an advertisement dated 23.11.1994 issued by the Zilla Parishad, Chandrapur for appointing untrained Primary Teachers, and also ch...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Non-Joinder of Driver Not Fatal. Tribunal's dismissal of claim petition for non-impleadment of driver set aside as driver is not a necessary party under Motor Vehicles Act, 1988....

The appeal was filed against the rejection of a claim petition by the Motor Accident Claims Tribunal, Wardha. The claim petition was filed by the parents and elder brother of Kailash Gakhare, who died...

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Bombay High Court Dismisses Revenue Appeal in Goregaon Sports Club Case — Club Promoting Sports Held Charitable Under Section 2(15) of Income Tax Act, 1961. Principle of Mutuality Not Applicable as Facilities Open to General Public Without Restriction....

The case involves an appeal by the Revenue under Section 260A of the Income Tax Act, 1961 against the decision of the Income Tax Appellate Tribunal (ITAT) dated 24 March 2010 for Assessment Year 2003-...

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Bombay High Court Dismisses Challenge to Arbitral Award in Stock Trading Dispute — Upholds Arbitrator's Findings on Debit Balance and Share Valuation. The Court held that the arbitrator's award was not perverse or contrary to law, and that the scope of interference under Section 34 of the Arbitration and Conciliation Act, 1996 is limited....

The petitioner, Mahesh Daulatram Changrani, was a constituent/client of the respondent, Religare Securities Ltd., a trading member of the National Stock Exchange (NSE). The petitioner entered into an ...