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Bombay High Court Dismisses Developer's Appeal Against Injunction Restraining Unauthorized Construction of Additional Floors. Purchaser's Right to Seek Injunction Upheld Where Developer Alters Building Character Without Consent and Fails to Form Society as Agreed....

The appeal arises from a suit filed by the respondent (original plaintiff) against the appellant (original defendant) seeking a permanent injunction restraining the defendant from constructing additio...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Block Assessment Case — Tribunal's Finding of No Jurisdiction Upheld. Assessment under Section 158BD of Income Tax Act, 1961 Requires Satisfaction Recorded by Assessing Officer and Warrant of Authorization in Name of Assessee....

The case involves an appeal by the Commissioner of Income Tax-I against an order of the Income Tax Appellate Tribunal. The respondent, Shri Gopinath Manohar Wadi, was an individual assessee and also a...

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Bombay High Court Dismisses Appeal in Will Construction Case — No Substantial Question of Law Found. Interpretation of Will and Codicil Held to Be a Question of Fact, Not Law, Under Section 100 CPC....

The case involves a dispute over the interpretation of a Will and Codicil executed by one Jehangir Bomanji Boman Behram (the testator), a wealthy solicitor who died on 29th December 1949 as a childles...

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Bombay High Court Allows Accused's Petition, Holds First Informant Has No Right of Hearing at Discharge Stage Under Section 239 CrPC. The court clarified that the right of hearing is only available at the stage of framing of charge under Section 244 CrPC in warrant cases instituted otherwise than on a police report....

The petitioners, accused in a warrant case instituted on a police report, filed an application for discharge under Section 239 CrPC. The first informant (respondent no.2) made an oral request to be he...

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High Court of Bombay Sets Aside Exparte Arbitral Award for Lack of Notice Delivery Under Section 3 of Arbitration Act. Failure to Prove Service of Notice Violates Natural Justice and Renders Award Invalid....

The petitioner, Bindiya Ajay Chawla, was a co-borrower along with respondents 2 and 3 in a loan transaction with respondent No.1, Citifinancial Consumer Finance India Ltd. The loan agreement contained...

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Bombay High Court Quashes Recovery Proceedings Against Legal Heir for Company's Central Excise Dues Without Proper Adjudication. Personal Liability Cannot Be Imposed on Legal Representative Without Determining Liability Under Section 11 of Central Excise Act, 1944....

The petitioner, Vandana Bidyut Chaterjee, filed a writ petition under Article 226 of the Constitution of India challenging various notices and communications issued by the Central Excise authorities f...

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Bombay High Court Dismisses Petition Challenging Closure Order for Country Liquor Shop Under Section 142(1) of Bombay Prohibition Act, 1949. Licence for Sale of Country Liquor is Not a Fundamental Right and Must Yield to Public Interest....

The petitioner, Satish Damodhar Kasar, filed a writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court, Bench at Aurangabad, challenging an order dated 22 Ju...

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Bombay High Court Dismisses Appeal in Will Construction Case — No Substantial Question of Law Found. Interpretation of Will and Codicil Held to Be a Question of Fact, Not Law, Under Section 100 CPC....

The case involves a First Appeal registered as such but to be decided as a Second Appeal under Section 100 of the Code of Civil Procedure, 1908. The appellant, Kavas Khurshad Nariman, challenged the j...

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Bombay High Court Adjourns Writ Petition in Land Acquisition Dispute — Interim Relief Extended Pending Filing of Replies. Court grants time for filing reply and rejoinder at the request of counsel, continuing ad interim relief until next hearing....

This is an interim order in a writ petition filed by Kashiram M. Akre and others against N.T.P.C. Ltd. and another. The matter came up before the Bombay High Court, Nagpur Bench, on 10th February 2012...