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Bombay High Court Dismisses Second Appeals in Property Dispute Over Sikh Gurudwara Society Membership. Court upholds concurrent findings that appellant failed to prove membership in Sachkhanda Huzuri Khalsa Diwan, Nanded, and that the suit was barred by limitation under Article 59 of the Limitation Act, 1963....

The appellant, Shersingh s/o Hirasingh Fauji, filed two second appeals against the judgment of the District Judge-2, Nanded, dated 03.10.2009, dismissing his appeals RJE No.38/2007 and 68/2007. The di...

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Bombay High Court Adjudicates Second Appeal on Conflict Between Civil Court Decree for Possession and Tenancy Declaration Under Hyderabad Tenancy and Agricultural Lands Act, 1950. The Second Appeal Arises from Dismissal of Suit for Possession Due to a Declaration of Tenancy Under Section 38E(1) of the Hyderabad Tenancy Act, Which the First Appellate Court Reversed....

The case involves a second appeal arising from a suit for possession of agricultural land. The original plaintiffs (respondent Nos.1 and 2) filed Regular Civil Suit No.338 of 1975 in the court of Join...

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High Court of Judicature at Bombay, Aurangabad Bench Allows Defendants' Second Appeal in Partition Suit as Alienee Proved Legal Necessity. Alienation of Ancestral Property by Disabled Manager Upheld Where Alienee Made Reasonable Enquiries and Believed in Good Faith that Necessity Existed....

Background: The dispute concerned the alienation of ancestral agricultural lands belonging to a Hindu joint family. The original plaintiffs (respondents in appeal) were the sons, wife, and daughter of...

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Bombay High Court Dismisses Petition Challenging Revisional Order Under Urban Land Ceiling Act After Repeal Proposal. State Government retains jurisdiction under Section 34 of the Urban Land (Ceiling and Regulation) Act, 1976 until formal repeal takes effect....

The petitioners, nine individuals and one through their power of attorney holder, filed a writ petition in the Bombay High Court challenging the decision of the State Government dated 31st October, 20...

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Bombay High Court Allows Summary Judgment in Favor of Plaintiff Partnership Firm in Suit for Recovery of Outstanding Amounts Under Order XXXVII CPC. Defendant's Application for Leave to Defend Rejected Due to Lack of Triable Issues and Failure to Disclose Substantial Defense....

The plaintiff, Harilal & Co., a partnership firm registered under the Indian Partnership Act, 1932, filed Summary Suit No.3037 of 2007 in the Bombay High Court against Gammon India Limited, a public l...

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Bombay High Court Grants Summary Judgment in Favor of Plaintiff Sub-Contractor for Unpaid Construction Work. Court holds that defendant's denial of liability is not bona fide and raises no triable issue under Order 37 of the Code of Civil Procedure, 1908....

The plaintiff, Jolly Constructions, a registered partnership firm acting as a sub-contractor, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the defendant, Step...

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Bombay High Court Allows Assessee's Reference in Sales Tax Case - Transfer of Motor Car by Firm to Partner on Dissolution Not a Sale. The court held that distribution of assets on dissolution does not constitute a 'sale' under Section 2(28) of the Bombay Sales Tax Act, 1959, as there is no transfer of property for a price....

The case concerns a reference under Section 61(1) of the Bombay Sales Tax Act, 1959, at the instance of the assessee, M/s Synthetic Suppliers, a partnership firm engaged in the business of buying and ...

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Bombay High Court Allows Appeal in VAT Classification of Electric Bicycle — EBikeMatrix Held to Be a Bicycle Under Schedule Entry C14 of MVAT Act, 2002. The court held that a bicycle with an auxiliary electric motor of less than 0.5 KW and battery backup is a 'bicycle' under Entry C14, taxable at 4%, not 12.5%....

The appellant, M/s R.K. Rim Pvt. Ltd., a manufacturer of bicycles, started producing a product called 'EBikeMatrix', which is a bicycle with an auxiliary electric motor of less than 0.5 KW and a batte...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Testimony of Interested Witnesses and Lack of Corroboration. Conviction under Section 302 IPC set aside as sole eyewitness was a close relative with material contradictions and no independent corroboration....

The appellant, Rambahadur Bhimsingh Vishwakarma, was convicted by the Additional Sessions Judge, Greater Bombay, on 17th July 2002 for the murder of one person under Section 302 IPC and sentenced to l...