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High Court of Bombay at Nagpur Allows Revision Application by Bank in SARFAESI Act Jurisdiction Dispute — Civil Court Suit Barred Under Section 34 of SARFAESI Act, 2002. Allegations of Fraud Must Be Specific and Supported by Material to Bypass Statutory Remedy Before Debt Recovery Tribunal....

The case involves a civil revision application filed by Punjab National Bank (original defendant) against an order of the District Judge, Chandrapur, which set aside the trial court's dismissal of the...

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Bombay High Court Nagpur Bench Hears Preliminary Objections in Election Petition Alleging Corrupt Practices under Representation of the People Act, 1951. Objections Pertain to Non-compliance with Sections 81, 83, and 86 Regarding Material Facts, Affidavit, and True Copy of Petition....

In this election petition before the Nagpur Bench of the Bombay High Court, the petitioner challenged the election of the respondent from the Gondia constituency on allegations of corrupt practices, p...

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Bombay High Court Quashes Tender Condition in Octroi Collection Contract for Being Arbitrary and Unreasonable. Condition requiring prior experience of octroi collection in a municipal corporation with population of 10 lakhs or more held to be irrational and intended to favour predetermined bidders....

The Bombay High Court disposed of two writ petitions challenging the terms and conditions of a tender notice issued by the Nashik Municipal Corporation for appointment of an agent for collection of oc...

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Bombay High Court Dismisses Revision Against Eviction Decree in Lease Renewal Dispute — Option to Renew Lease Must Be Exercised Before Expiry of Term, Not After. Lease renewal option cannot be exercised after expiry of term; tenant holding over after expiry does not create right to renewal under the Transfer of Property Act, 1882....

The case involves a dispute between Hindustan Petroleum Corporation Ltd. (HPCL), the applicant/defendant, and Navjeevan Co-operative Housing Society Ltd., the respondent/plaintiff, regarding the renew...

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Bombay High Court Disposes of Two Writ Petitions Regarding Caste Certificate Validity and Promotion in Municipal Corporation. The Court Considered Whether a Validity Certificate Issued by Nashik Scrutiny Committee After an Earlier Invalidation by Pune Scrutiny Committee Was Valid....

The Bombay High Court heard together two writ petitions: Writ Petition No. 7740 of 2008 filed by Date Tanaji Honaji and Writ Petition No. 8696 of 2009 filed by Prithviraj Vasant Kamble. Honaji, an emp...

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Bombay High Court Allows Rebate of Education Cess on Exported Goods in Central Excise Matter — Education Cess Held to Be Part of Excise Duty for Rebate Purposes Under Rule 18 of Central Excise Rules, 2002 and Section 37B of Central Excise Act, 1944....

The judgment concerns two writ petitions: one by M/s Ispat Industries Limited challenging an order dated 30 November 2004 passed by the Deputy Commissioner of Central Excise which denied rebate of edu...

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Bombay High Court Quashes Reopening of Assessment for UK Insurance Company in Income Tax Case — Lack of Fresh Material and Change of Opinion. Reopening under Section 147 of Income Tax Act, 1961 based on mere change of opinion without new tangible material is invalid....

The petitioner, The Prudential Assurance Company Ltd., a UK-incorporated insurance company registered as a sub-account of a Foreign Institutional Investor (FII) with SEBI, challenged the reopening of ...

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Bombay High Court Quashes Termination of Dealership Agreement for Violation of Natural Justice — Indian Oil Corporation's Communication Set Aside for Non-Compliance with Principles of Audi Alteram Partem. The court held that termination without proper show cause notice and opportunity of hearing is arbitrary and liable to be quashed....

The petitioner, Parbat s/o Namdeo Naikwadi, was a dealer of Indian Oil Corporation Limited (IOCL) at Gardani, Akole, Ahmednagar. He filed a writ petition challenging a communication dated 9th March 20...

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Bombay High Court Dismisses First Appeal Against Limitation Dismissal of Temple Rights Suit. Court Holds Section 10 of Limitation Act Inapplicable as Suit Seeks Declaration and Injunction, Not Possession of Trust Property....

The Bombay High Court, Aurangabad Bench, heard a first appeal preferred by the original plaintiffs against the dismissal of their trust suit by the District Court, Osmanabad. The dispute concerned rig...

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Bombay High Court Dismisses Revision Against Wakf Tribunal Order Confirming Board's Decision to Appoint Committee for Mosque Management. Dispute over management of Jumma Masjid Trust under Wakf Act, 1995 - Court upholds Board's power to appoint committee under Section 65 of the Act....

The applicant, Mansoor s/o Kasim Mulla, claimed to be the founder member and President of the Jumma Masjid Trust at Gadhinglaj, Kolhapur. The Trust was initially registered under the Bombay Public Tru...