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"Inheritance of Rights or Extinction of Claims? A deep dive into the interplay of bona fide requirements under tenancy laws post the demise of the plaintiff."...

This judgment from the Bombay High Court, delivered on December 9, 2024, explores the complexities surrounding tenancy disputes and bona fide requirements under tenancy laws. It scrutinizes whether th...

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"Bombay High Court Declines Writ Jurisdiction; Relegates Petitioner to Statutory Appeal Remedy" "Exhaustion of alternate remedies reaffirmed; liberty to appeal within four weeks granted."...

Acts and Sections Discussed: Maharashtra Goods and Services Tax Act, 2017 Principles of Natural Justice Judicial Precedents on Alternate Remedy (Oberoi Constructions Ltd. case). 1. Introductio...

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Pre-Deposit Requirement Mandatory Under Section 129E of Customs Act: Relief Denied. Relief under Article 226 for pre-deposit waiver cannot override the statutory mandate under Section 129E of the Customs Act, 1962....

1. Relief Sought by Petitioners (Paras 1–2) The Petitioners sought: Waiver of the pre-deposit requirement under Section 129E of the Customs Act, 1962, for admitting their appeal. Restoration of...

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Bombay High Court Sets Aside Charity Commissioner’s Circular on Restricting Trust Names. A victory for freedom of expression in trust registrations under the Maharashtra Public Trusts Act....

The Bombay High Court quashed the Revised Circular No. 543 dated July 4, 2018, issued by the Charity Commissioner, Maharashtra, which directed trusts with names containing phrases like “Bhrashtachar...

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Legal Battle over Trademark and Copyright Infringement. "Establishing distinctiveness amidst claims of passing off and deceit."...

1. Background of Plaintiff: Company: Prince Pipes and Fittings Ltd., a Mumbai-based manufacturer of PVC pipes since 1987. Trademark: Long-standing usage of "PRINCE" and "Crown Device" in its produ...

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Engineer’s Future Secured: Bombay High Court Quashes NDPS Case Due to Lack of Evidence "In a significant decision, the Bombay High Court quashed a case under the NDPS Act, citing lack of evidence and procedural lapses."...

Petitioner, a young engineer aspiring to study abroad, filed a writ petition seeking quashing of an FIR under Sections 8(c) and 27 of the NDPS Act, 1985, and subsequent criminal proceedings. Prosecu...

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Enforcement of a Decree and Interpretation of Reciprocal Adjustments. Balancing Liabilities in Execution: A Case on Interest Calculation and Set-Off...

The Bombay High Court (Coram: Amit Borkar, J.) addressed whether an executing court can interpret a decree to restrict interest on the decretal amount to a specific date and adjust reciprocal liabilit...

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Acquittal of Accused in Dowry Harassment Case Upheld by Bombay High Court.“Mere allegations or harassment without substantive evidence cannot amount to cruelty under Section 498A IPC.”...

The Bombay High Court reaffirmed the principle that mere allegations of dowry harassment or cruelty, unsupported by evidence or specific details, are insufficient to sustain a conviction under Section...

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Challenge to CERA-Based GST Audit Fails – Bombay High Court Refuses to Quash Show Cause Notice. The Bombay High Court dismissed the writ petition challenging a GST show cause notice, affirming that no audit of the petitioner company by CERA/CAG had occurred, thereby rejecting allegations of lack of jurisdiction....

Key Legal Aspects Discussed: Acts and Sections: Central Goods and Services Tax Act, 2017 (CGST Act): Section 74 (Extended Period of Limitation for Tax Recovery) Section 16 (Eligibility for...

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"Bombay High Court: Delay in Addressing Petitioner’s Grievance Redressed, Liberty Granted for Further Challenge" "Compliance with judicial directions is paramount; Petitioner’s representation addressed, merits kept open for adjudication."...

The Bombay High Court addressed the grievance of a petitioner whose representation to Respondent No.2 had not been disposed of despite prior court directions. The court noted that Respondent No.2 had ...