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Bombay High Court Sets Aside Ex-Parte Impleadment of Legal Heirs in Partition Suit — Emphasizes Mandatory Inquiry Under Order XXII Rule 5 CPC. Trial Court directed to decide application for bringing legal representatives on record after hearing all parties....

The petitioner, original defendant No.1 in Regular Civil Suit No.362/1999, challenged the trial court's order allowing the respondents to be brought on record as legal representatives of the deceased ...

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Bombay High Court Allows Condonation of Delay in Cooperative Society Recovery Proceedings — Petitioner Granted Opportunity to Contest Recovery Certificate. Delay of 15 months condoned as sufficient cause shown under Section 5 of Limitation Act, 1963, read with Section 101 of Maharashtra Cooperative Societies Act, 1960....

The petitioner, Dinkar Vishwanath Wani, had taken a loan of Rs. 1,50,000 from respondent no. 1, Shri Agrasen Urban Cooperative Credit Society Ltd., on 3 December 2003. He defaulted on repayment, leadi...

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Bombay High Court Allows Condonation of Delay in Cooperative Society Recovery Proceedings — Petitioner Granted Opportunity to Challenge Ex Parte Award. Delay of 1 Year 7 Months Condoned as Petitioner Was Not Served with Notice and Had No Knowledge of Proceedings Under Section 101 of Maharashtra Cooperative Societies Act, 1960....

The petitioner, Kailas Dinkar Wani, took a loan of Rs. 1,50,000 from respondent no. 1, Shri Agrasen Urban Cooperative Credit Society Ltd., on 3 December 2003. He defaulted on repayment, leading respon...

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Bombay High Court Allows Appeal in Railway Accident Compensation Case — Deemed Passenger Rule Applied. Death of a person found on railway premises with a valid ticket is an 'untoward incident' under Section 124A of the Railways Act, 1989, and the burden to prove negligence is not on the claimant....

The appellants, being the wife, minor son, and parents of the deceased Lahu Kotlapure, filed a claim application under Section 124 of the Railways Act, 1989, before the Railway Claims Tribunal, Nagpur...

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High Court of Bombay at Goa Dismisses Revenue's Appeal in Income Tax Case — Depreciation Must Be Computed Before Section 80-IA Deduction. Loan from Shareholder to Company Held Deemed Dividend Under Section 2(22)(e) of Income Tax Act, 1961....

The case involves an appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) regarding the assessment year 1997-98 for M/s. Parle Plastics Ltd. (the asse...

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Bombay High Court Dismisses Suit by Indian Agent Against Italian Principal for Lack of Territorial Jurisdiction and Failure to Prove Defective Machinery Claim. Dispute Over Commission and Damages Dismissed as Contracts Contained Exclusive Jurisdiction Clause in Favor of Turin Courts and Plaintiff Failed to Prove Defect or Entitlement Under Novated Agreement....

The dispute arose from a commercial agency relationship between an Indian company and an Italian company for the sale and distribution of equipment in India. The initial exclusive agency agreement was...

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Bombay High Court Quashes Sessions Judge's Order Directing Further Investigation by State CID — Holds Sessions Court Lacks Jurisdiction to Transfer Investigation Under Section 173(8) Cr.P.C. Direction to CID Set Aside as Agency Not a 'Police Station' Under Cr.P.C., and Complainant Locus Standi Lacking After Charge-Sheet....

The State of Maharashtra filed a criminal writ petition under Article 227 of the Constitution of India challenging the order dated 24th November 2009 passed by the Additional Sessions Judge, Karad, wh...

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Bombay High Court Hears Preliminary Objections to Maintainability of Writ Petitions in Defamation Case — Process Issued by Hyderabad Court Challenged on Jurisdictional Grounds. Court Examines Territorial Jurisdiction under Article 226 Where Cause of Action Partly Arose in Mumbai and the Order Under Challenge Was Passed by a Criminal Court Outside Its Territory....

The matter involved two criminal writ petitions filed before the Bombay High Court under Article 226 of the Constitution of India, challenging the issuance of process by the Additional Chief Metropoli...

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Bombay High Court Allows Sikkimese Actor's Tax Exemption Claim Under Section 10(26AAA) of Income Tax Act, 1962 with Retrospective Effect. The court held that the Commissioner has power under Section 264 to revise any order, including intimation under Section 143(1), and remanded the matter for fresh consideration....

The petitioner, Danny Denzongpa (alias Tshering Pintso), an Indian national of Sikkimese origin and a film actor, filed multiple writ petitions challenging orders dated 4-3-2010 passed by the Commissi...