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Bombay High Court Upholds Eviction of Tenant for Unauthorised Permanent Construction Under Maharashtra Rent Control Act. Tenant's temporary structure argument rejected as Appellate Court found MS angles, asbestos sheets, and polythene roof constituted permanent construction causing danger to building....

The case involves a dispute between the respondent-landlord, Kadambagiri Estates Pvt. Ltd., and the petitioner-tenant, Mrs. Binaifer Batiwala, over eviction from suit premises comprising a bungalow an...

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  • 738
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High Court

Bombay High Court Allows Appeals in Income Tax Classification Dispute — Rent Income from Leasing Properties Held Assessable as Business Income. The Court ruled that where the assessee's main object is leasing and it conducts systematic business activity, rental income is assessable under 'Profits and gains of business or profession' under Section 28 of the Income Tax Act, 1961, not under 'Income from house property'....

The case involves a batch of appeals under Section 260A of the Income Tax Act, 1961, filed by National Leasing Limited (later National Realty Pvt. Ltd.) against orders of the Income Tax Appellate Trib...

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  • 994
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Bombay High Court Dismisses Petition Seeking Direct Designation as Senior Advocate — Power Vests Exclusively in Full Court Under Indira Jaising Guidelines. Petitioner's Claim for Direct Conferment of Senior Advocate Designation Rejected as Not Maintainable....

The petitioner, a lawyer enrolled with the Bar Council of Chhattisgarh since 2013, filed a writ petition seeking a direction to the Bar Council of Maharashtra & Goa and the Bar Council of India to pro...

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  • 728
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Bombay High Court Allows Rebate Claim for Exported Biscuits Despite Exemption Notification — Revenue Cannot Retain Duty Paid Without Authority of Law. The court held that exemption notification No.3/2006-CE is not applicable to exported goods as retail sale price in rupees is not required on export packages, and duty paid is validly claimable as rebate under Rule 18 of Central Excise Rules, 2002....

The petitioner, M/s. Parle Products Ltd., is a company engaged in manufacturing biscuits and confectioneries. Biscuits are excisable goods under Section 4A of the Central Excise Act, 1944, based on Ma...

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  • 288
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Bombay High Court Acquits Bus Driver in Rash Driving Case Due to Lack of Evidence of Negligence. Conviction under Sections 279 and 304-A IPC set aside as sole eyewitness did not testify that the bus was driven rashly or negligently....

The applicant, Shivaji Damodar Karne, a bus driver employed with BEST, was convicted by the trial court (28th Esplanade Court, Mumbai) in CC No.40/P/98 for offences under Sections 279 and 304-A of the...

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  • 2217
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Bombay High Court Dismisses Landlord's Revision Against Tenant in Rent Control Eviction Suit — Notice of Demand Must Be Express Under Section 15(2) of Maharashtra Rent Control Act, 1999. Landlord's Failure to Demand Rent in Notice and Tenant's Regular Deposit of Rent in Court Precludes Eviction on Ground of Default....

The case involves a dispute between the original plaintiffs (landlords) and the defendant (tenant) over eviction from a shop premises. The landlords filed a suit for eviction on grounds of default in ...

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  • 593
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Bombay High Court Allows Revenue's Appeal in Income Tax Registration Case — No Deemed Registration Under Section 12AA(2) of Income Tax Act, 1961. The court held that the absence of a deeming provision in Section 12AA(2) means that failure to decide an application within six months does not result in automatic deemed registration....

The case involved an appeal by the Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal (ITAT) which had granted deemed registration to the respondent trust under Section 1...

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  • 753
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Bombay High Court Sets Aside Discharge of Accused in Capitation Fee Case — Holds That Trial Court Exceeded Jurisdiction by Considering Defence Documents at Discharge Stage Under Section 239 CrPC. The court remanded the matter for fresh consideration of discharge application based solely on police report and documents under Section 173 CrPC....

The petitioner, Abhimanyu Rasure, the original complainant, challenged the order of the Chief Judicial Magistrate, Latur, dated 06.05.2010 discharging the respondents/accused in Regular Criminal Case ...

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  • 431
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Resolution of Property Dispute Through Legal Validation and Evidence...

A property dispute between M/s Honesty Land Developers and the defendants, where the appellants claim possession and ownership of certain plots in Aurangabad, acquired legally through auction by HDFC ...

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  • 270
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High Court upholds adherence to statutory rules in electoral roll disputes; Mandamus denied....

The petitioner sought relief from the Bombay High Court, Aurangabad Bench, to direct the Election Commission to remove duplicate names in the voters' list of the Muktainagar Legislative Assembly Const...

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  • 353
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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

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High Court of Bombay Hears Writ Petitions Challenging Tenancy Orders Under Bombay Tenancy ...

Supreme Court Upholds Scrutiny Committee Invalidation of Scheduled Tribe Caste Claim but P...

Supreme Court Allows Homebuyers' Appeal and Waives Time Extension Charges Imposed by Devel...

Supreme Court Dismisses Insurer's and Claimant's Appeals in Motor Accident Death Compensat...

Supreme Court Acquits Accused in Kidnapping and Murder Case Due to Lack of Substantive Evi...

Supreme Court Dismisses Special Leave Petition Against Interim Order in Electricity Act Di...

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