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Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Partition Suit — Court Upholds Trial Court's Discretion Under Order 39 Rules 1 and 2 CPC, Finding No Prima Facie Case for Injunction Against Alienation of Property by Co-owners....

The petitioner, Rekha Bhujang, filed a suit for partition and separate possession of suit properties described in Schedules A and B of the plaint. The respondents/defendants appeared and denied the pe...

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Bombay High Court Upholds Lower Courts' Rejection of Exemption Pleading Challenge in Eviction Case — Statutory Exemption from Rent Control Order Does Not Require Pleading. Successor-in-interest of Janpad Sabha Need Not Plead Statutory Exemption Under Notification Dated 26.7.1949 As It Is A Matter Of Law....

The Zilla Parishad, Nagpur, as the owner of a plot admeasuring 100 ft x 100 ft in the compound of the former Janpad Sabha, filed a suit for eviction and possession against Indian Oil Corporation Ltd.,...

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Bombay High Court Upholds Amendment Introducing Multi-Member Wards and Multiple Votes in Municipal Elections — Amendment to Section 5 of BPMC Act and Section 10 of MMC Act Valid as Intra Vires the Constitution....

The judgment concerns two writ petitions filed by Vinayak Bhiva Bhilare and Miss. Vaishali Chandane challenging Act No. XXVI of 2011, which amended Section 5 of the Bombay Provincial Municipal Corpora...

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Bombay High Court Quashes Preemptive Purchase Orders Under Chapter XXC of Income Tax Act — Difference in Valuation Below 15% Threshold. The Appropriate Authority's orders under section 269UD(1) were set aside as the difference between fair market value and apparent consideration was less than 15%, and no opportunity of hearing was given....

The petitioners, Pandharinath Bhikaji Telge and Dattaram Bhikaji Telge, were owners of a property in Chembur, Mumbai. They entered into an agreement to sell the property to M/s Sunkrish Developers. Th...

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Bombay High Court Allows Writ Petition Challenging Transfer Pricing Reference and Order for Lack of Proper Approval Under Section 92D of Income-tax Act, 1961. The court held that the reference made by the Assessing Officer to the Transfer Pricing Officer without obtaining the requisite approval was invalid, and the subsequent order of the TPO was also invalid....

The petitioner, M/s. Hindalco Industries Ltd., filed a writ petition under Article 226 of the Constitution challenging (i) an order dated 31 October 2011 passed by the Additional Commissioner of Incom...

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High Court of Bombay Adjudicates Election Petition No. 1 of 2009 Concerning Rejection of Nomination Paper. The core issue is whether non-mention of the constituency in the nomination form constitutes a defect of substantial character under Sections 33(1) and 36(2)(b) of the Representation of the People Act, 1951....

The petitioner filed his nomination for the Mumbai North Central Parliamentary Constituency on 9 April 2009. The Returning Officer accepted the nomination and issued a receipt. At the scrutiny on 11 A...

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Bombay High Court Upholds Conviction for Unnatural Sex with Infant Under Section 377 IPC — Acquittal for Kidnapping and Rape Sustained. The court found the mother's testimony credible and corroborated by medical evidence of anal injuries, confirming forcible unnatural sex....

The appellant, Ramkisan Surajmal Harijan, was convicted by the Additional Sessions Judge, Greater Mumbai, in Sessions Case No. 330 of 2006 for the offence punishable under Section 377 of the Indian Pe...

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Bombay High Court Dismisses Petition Challenging Rejection of Nomination in Municipal Election — Proposer Not Authorized Representative Under Rule 4 of Maharashtra Municipal Councils and Nagar Panchayats (Election of President) Rules, 1981....

The petitioner, Shri Mahesh V. Javkar, filed a writ petition challenging an order of the Commissioner (Regional Director of Municipal Administration) which set aside his nomination for the election of...

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Bombay High Court Dismisses Employee's Petition Challenging Departmental Inquiry During Pendency of Criminal Case. Held that departmental inquiry can proceed simultaneously with criminal trial as standards of proof differ, and no automatic stay arises from registration of criminal case....

The petitioner, Ramesh Sonawane, a Junior Manager with Maharashtra State Electricity Distribution Company Ltd., was involved in a criminal case under the Prevention of Corruption Act registered on 2.2...

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High Court Dismisses Election Petitioner’s Challenge to Illegal Voter Inclusion; Finds No Material Facts Pleaded. Court Holds That Burden to Prove Material Effect Not Discharged, Rejecting Petition Under Order 7 Rule 11 CPC and Section 100(1)(d)(iv) of Representation of the People Act, 1951....

The High Court of Judicature at Bombay, Aurangabad Bench, dismissed two election petitions challenging the election of the returned candidate from the 18-Pachora Assembly Constituency in the Maharasht...