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Bombay High Court Upholds Tenants' Right to Park in Building Compound as Part of Leasehold Rights — Injunction Granted Against Landlord's Interference. Parking rights held to be incidental to tenancy where rent includes parking charges and tenants have used open space from inception....

The appeal arises from a suit filed by Respondent Nos.1 to 10 (original Plaintiffs) seeking a permanent injunction against the Appellant, United India Insurance Company Ltd., the owner of Vulcan Insur...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Sections 42 and 50. Conviction under Section 21 of NDPS Act set aside as search and seizure conducted without proper authorization and without informing accused of right to be searched before gazetted officer or magistrate....

The appellant, Suleman Oguk @ Soni, was convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) by the Special Court in NDPS Special Case No.36 of 2004 and se...

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Bombay High Court Dismisses Writ Petition Seeking Mandamus to Issue Exemption Notification Under Section 25 of Customs Act, 1962 — No Fundamental Right to Exemption from Customs Duty. Budget Proposal Does Not Have Force of Law Until Enacted; Power Under Section 25 is Permissive, Not Mandatory....

The petitioner, Amin Merchant, imported eight consignments of goods classified under Tariff Heading 2208.10 of the Customs Tariff during financial years 1993-94 and 1994-95. The goods were provisional...

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High Court Dismisses Applicant in Succession Certificate Case Due to Dismissal of Probate Application. Court Holds That Dismissal in Default Precludes Fresh Claims on Same Cause of Action Under Section 10 of CPC....

The dispute arose from a Civil Revision Application filed by the applicant challenging the issuance of a succession certificate to the respondents by the trial court. The applicant claimed to be the s...

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Bombay High Court Upholds Assessee in Income Tax Act Case; RBI's FEMA Approval Deemed to Satisfy Section 10A(3) Extension Requirement. Approval of Export Proceeds Realization by RBI Under Foreign Exchange Management Act Constitutes Deemed Extension for Deduction Under Section 10A of Income Tax Act, 1961, Where Assessee's Application Not Rejected....

The appeal before the Bombay High Court involved the interpretation of Section 10A of the Income Tax Act, 1961, which provides deduction on profits from export of services. The dispute arose from the ...

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Bombay High Court Quashes Order of Sub Divisional Magistrate Under Section 14 of SARFAESI Act Due to Excess of Jurisdiction. The Court Holds That the District Magistrate's Role Is Limited to Verifying Territorial Jurisdiction and Service of Section 13(2) Notice, and Any Grievances Must Be Raised Under Section 17 Before DRT....

The petitioner, an Asset Reconstruction Company registered under Section 3 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, impugned an orde...

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Bombay High Court Directs State to Issue Circular for Expeditious Disposal of Section 14 Applications Under SARFAESI Act; District Magistrates Ordered to Clear Pending Matters Within Two Months. The Court Reiterated Limited Scope of Enquiry Under Section 14 and Mandated Strict Timelines to Prevent Frustration of Securitization Act's Purpose....

The writ petition was filed by Housing Development Finance Corporation Limited (HDFC), a financial institution under the Securitization and Reconstruction of Financial Assets and Enforcement of Securi...

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Bombay High Court Sets Aside Bail Granted to Husband in Dowry Death Case — Prima Facie Case of Cruelty and Abetment of Suicide Established Under Sections 498-A, 306 IPC. The court found that the Sessions Judge's order was perverse and failed to consider the material on record showing dowry demands and harassment leading to suicide....

The applicant, Arun Sudhakar Jain, the father of the deceased Vijaya, filed a criminal application under Section 439(2) of the Code of Criminal Procedure, 1973, seeking cancellation of the bail grante...

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Bombay High Court Allows Appeal in Section 138 NI Act Jurisdiction Dispute — Complaint Maintainable at Place of Payee's Bank. Territorial jurisdiction for dishonour of cheque lies where the payee's bank is located, as presentation and dishonour occur there under Section 178(d) CrPC....

The case involves a criminal appeal under Section 138 of the Negotiable Instruments Act, 1881, concerning territorial jurisdiction. The appellant, Crompton Greaves Limited, filed a complaint against t...

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Bombay High Court Partially Allows Appeal and Alters Conviction of Husband in Matrimonial Burning Case. Conviction Under Section 307 IPC Modified to Section 326 IPC as Intention to Kill Not Established Due to Appellant’s Attempt to Extinguish Fire....

The case arose from a marital discord where the appellant husband was accused of pouring kerosene and setting his wife Sangita on fire on 23 June 2001 in their matrimonial home. The prosecution allege...