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Bombay High Court Quashes Eviction Notice Against Residents and Shop Occupants in Municipal Corporation Dispute — Structural Audit Reports Not Considered Before Declaring Building Dangerous. Court holds that Municipal Corporation must consider structural audit reports submitted by occupants before classifying a building as C-1 (dangerous) under the Mumbai Municipal Corporation Act, 1888....

The petitioners, residents and shop occupants of a building known as 'Velbai Velji Arogya Bhuvan' in Sion, Mumbai, challenged an eviction notice dated 19/10/2016 issued by the Municipal Corporation of...

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Bombay High Court Upholds Revenue in Capital Gains Tax Case on Life Interest — Release of Life Interest by Previous Holder Constitutes Gift Under Section 49(1)(ii) of Income Tax Act, 1961. Cost of Acquisition of Life Interest Deemed to Be Cost to Original Settlor, Not Nil, Resulting in Taxable Capital Gains on Sale....

This reference under Section 256(1) of the Income Tax Act, 1961, arises from a question of law referred by the Income Tax Appellate Tribunal. The assessee, Shri Nusli N. Wadia, acquired a life interes...

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  • 102
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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Guarantors — Personal Guarantee Not a 'Right or Interest in Property' Under Section 17(1) of SARFAESI Act, 2002. Guarantors Cannot Challenge Possession Notice Before Debt Recovery Tribunal Under SARFAESI; Remedy Lies Under RDDB Act, 1993....

The judgment concerns two writ petitions filed by Mahindra Chandrasen and Sharad Chandrasen (petitioners) against Union Bank of India and other respondents, including Rajat Infrastructure Private Ltd....

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  • 121
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Bombay High Court Dismisses Employer's Petition in Date of Birth Dispute — Employee Failed to Prove Error in Service Record. Labour Court's Order to Correct Date of Birth Set Aside as Employee's Claim Was Unsubstantiated and Made at the Fag End of Service....

The petitioner, Shri Chhatrapati Sahakari Sakhar Karkhana Limited, a cooperative sugar factory, challenged the judgments of the Labour Court and Industrial Court, Pune, which had directed it to correc...

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  • 153
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Bombay High Court Dismisses Purchaser's Challenge to SARFAESI Action; Sale During Injunction Void. Sale of Mortgaged Property During Pendency of Injunction Order Held Void; Purchaser Has No Right to Question Prior Equitable Mortgage Under Section 58(f) of Transfer of Property Act....

The writ petition challenged the orders of the Debts Recovery Appellate Tribunal (DRAT) and the Debts Recovery Tribunal (DRT) dismissing the petitioner’s securitisation application under the SARFAES...

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  • 162
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Bombay High Court Allows Writ Petition of Bank Employees' Union; Quashes Recall Order Denying Compensation. Employees Who Opted for Voluntary Retirement Before Bank Liquidation Held Entitled to Payment as Employment Relationship Continues Until Full Settlement....

This writ petition under Article 226 of the Constitution of India was filed by a trade union representing 55 employees of Solapur Nagari Audyogic Sahakari Bank Limited, challenging an order dated 25 J...

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Bombay High Court Dismisses Wife's Appeal Against Nullity of Marriage — Husband Failed to Prove Valid Divorce Before Second Marriage. Marriage Declared Null and Void Under Section 11 of Hindu Marriage Act, 1955 Due to Subsisting Previous Marriage....

The appellant (wife) and respondent (husband) married on 17.02.2013. The husband had previously been married to one Rajkanya, and claimed that marriage was dissolved by a decree of divorce from the Ad...

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  • 212
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Bombay High Court Allows Small Scale Industries' Challenge to Cancellation of Incentive Orders Under Package Scheme of Incentives, 2001. Communications cancelling sanctioned additional capital incentives held bad in law as they were issued without notice and contrary to scheme provisions....

The petitioners, M/s J.S. Cotton Industries and M/s Tiranga Pulses, were small scale industrial units engaged in manufacturing dal and cotton. They registered with the District Industries Centre, Akol...

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  • 157
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Bombay High Court Quashes Postponement of APMC Elections Due to Non-Application of Mind. State Government's Order Under Section 14(3) and (3A) of Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 Set Aside for Lack of Proper Reasons....

The petitioners, who are agriculturists and office-bearers of cooperative societies that are members of the Agricultural Produce Market Committee (APMC), Nagpur, challenged an order dated 10.01.2017 p...

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  • 120
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Bombay High Court Hears Criminal Writ Petition Filed by Police Officers Seeking Quashing of FIR and Proceedings for Offences under IPC — Allegations of Malicious Prosecution and Abuse of Process. Petitioners Contend that FIR was a Counterblast to an Earlier Case Registered by them against a Superior Officer....

The present matter arises from a Criminal Writ Petition filed under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure before the High Court of Judicature at Bo...

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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...

High Court Dismisses State's Writ Petition Against Tribunal's Order for Appointment of Exc...

High Court of Karnataka Quashes Enforcement Directorate Actions in Multiple Writ Petitions...

Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credible Testimon...

Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's Decree on Wi...

Supreme Court Allows Appeal in Limitation Dispute Over Civil Works Contract. The Court fou...

Supreme Court Upholds Compulsory Retirement of Employees in Public Service — Validity of...

Supreme Court Upholds Eviction Process in Forest Areas While Ensuring Compliance with Fore...

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