High Court

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Bombay High Court Allows Petition Challenging Appellate Order in Inventory Proceedings — Usufructuary Heir's Right to Sale Proceeds Upheld. Court holds that a usufructuary heir is entitled to retain sale proceeds of inherited property during her lifetime, and the Inventory Court cannot direct deposit of such proceeds....

The petitioner, Berta Antoneta Violeta Maria Dias, aged 87, filed a writ petition challenging the judgment dated 28/04/2011 of the learned Adhoc District Judge, North Goa at Panaji in Miscellaneous Ci...

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High Court Modifies Compensation in Motor Accident Claim Case Due to Nonjoinder of Driver. Court Clarifies that Driver is Not a Necessary Party in Claim Petitions Under Section 166 of the Motor Vehicles Act, 1988....

The case involved an appeal by an insurance company against a judgment and award of compensation for a motor accident that resulted in the death of a young man. The accident occurred on 21st November ...

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High Court Allows Application for Suspension of Conviction Pending Appeal — Enables Election Participation. The court recognized the need to prevent irreversible consequences of disqualification from elections due to conviction under IPC....

The case involved an application by two applicants seeking suspension of their conviction pending appeal. They were convicted under Section 325 read with Section 34 of the Indian Penal Code and senten...

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Bombay High Court Quashes Cancellation of Licenses for Bar and Restaurant Due to Disproportionate Penalty and Acceptance of Guilt. Licensing Authority's Order Set Aside as Licensee's Admission and Assurance of Compliance Were Not Properly Considered Under Sections 33(w), 33(y), 33(xa) of Bombay Police Act, 1951....

The petitioner, Shri Ramesh K. Shetty, proprietor of Ramesh Bar and Restaurant in Navi Mumbai, held an eating house license under Section 33(xa) and a public entertainment license under Sections 33(w)...

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High Court Dismisses Revenue's Appeal on Interest Liability Under Income Tax Act — Fresh Assessment Order Prevails....

The case involved an appeal by the Commissioner of Income Tax against the decision of the Income Tax Appellate Tribunal (ITAT) regarding interest liability under the Income Tax Act, 1961. The assessme...

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Bombay High Court Dismisses Appeal Against Injunction in Trademark Infringement Case. 'ULTRATUFF' Held Deceptively Similar to 'ULTRATECH CEMENT' Under Trade Marks Act, 1999....

The respondent-plaintiff, Ultratech Cement Limited, filed a suit for trademark infringement and passing off against the appellants-defendants, Alaknanda Cement Private Limited and Raghav Cement, alleg...

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Bombay High Court Dismisses Appeal Against Refusal of Temporary Injunction in Property Dispute — Plaintiff Failed to Establish Prima Facie Case for Possessory Protection Under Specific Relief Act, 1963. The court held that unregistered agreements do not confer possessory title and balance of convenience favored defendants....

The appellant, M/s. Buildtech Engineers, filed an appeal against the order of the City Civil Court, Greater Mumbai, which rejected its Notice of Motion seeking a temporary injunction. The appellant, a...

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High Court Dismisses Sales Tax Application Challenging Tribunal's Order on Limitation. The doctrine of merger does not apply when the appeal is limited to specific grounds, leading to a time-barred revision....

The case involved a sales tax application against an order of the Maharashtra Sales Tax Tribunal. The respondent, a registered dealer manufacturing engines and spare parts, was assessed for the assess...

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Bombay High Court Allows Writ Petition Against Sales Tax Auction of Property Already Secured Under SARFAESI Act. Securitisation Act Overrides State Revenue Recovery Laws Under Section 35, and Sale Must Be Conducted by Secured Creditor....

The petitioners, Viraat Ispat Limited and another, challenged an auction notice dated 13 September 2011 issued by the Assistant Commissioner of Sales Tax, Palghar, for the sale of their immovable prop...