Bombay High Court

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Bombay High Court Allows Petition Challenging Minister's Order Declaring Aakarphod Patrak Infructuous — Primacy of Hissa Form No.4 Over Mutation Entries Upheld. Cancellation of Mutation Entry No.3342 Does Not Invalidate Sub-Division Created by Aakarphod Patrak No.12 of 1968 Under Maharashtra Land Revenue Code....

The case involves a dispute over land bearing old Survey No.279 (new Survey No.78) in Palghar, Maharashtra. A partition was recorded in 1955 between Hari Balwant Naik, Mahadev Aba Naik, and Ganesh Bha...

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Bombay High Court Dismisses Petitioner's Challenge to Demolition of Unauthorized Construction in Writ Petition Under Article 226. Petitioner's claim of illiteracy and long residence does not excuse violation of planning laws; illegality cannot be cured....

The petitioner, Hanuman Jairam Naik, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging the demolition of his residential structure allegedly...

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Bombay High Court Dismisses Management's Petition Seeking Approval of Junior Clerk Appointment Due to Irregular Recruitment Process. Advertisement in Less Circulated Newspaper with Short Notice Period Constitutes Eyewash, Violating Article 16 of the Constitution....

The petitioners, Shree Doodhganga Vedhganga Shikshan Prasarak Mandal (the managing institution), the Headmaster of Pratibha High School, and Shital Dilip Patil (the selected candidate), challenged the...

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Jurisdictional Overreach by ITAT – Income Classification Dispute – Real Income Theory – Remand for Limited Adjudication...

ITAT’s Jurisdiction Under Section 254(2) of the Income Tax Act, 1961 – Set Aside for Exceeding Mandate – Remanded for Limited Adjudication The High Court held that the ITAT exceeded its jurisdi...

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Bombay High Court Directs Refund of Excess Recovery in Income Tax Stay Matter — Petitioner Voluntarily Paid 20% Demand, Revenue Adjusted Refund Beyond Permitted Limit. Adjustment of Refund Against Stayed Demand Violates Instruction No.1914 and Stay Order Dated 17 April 2024....

The petitioner, an individual, filed his return of income for assessment year 2015-2016 on 28 September 2015, declaring income of Rs.56,65,660/-. The return was selected for scrutiny, and an assessmen...

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Bombay High Court Appoints Sole Arbitrator in Partnership Dispute Despite Objections on Privity of Arbitration Agreement. Court limits its inquiry under Section 11(6A) to existence of arbitration agreement, leaving issues of privity and liability to arbitral tribunal under Section 16....

The Petitioner, Darshan Mahendra Nibjya, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a substitute arbitrator after the presiding arbitrator ...

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Bombay High Court Allows Writ Petition for Lapse of Reservation Under Section 127 MRTP Act — Failure to Acquire Land Within 10 Years. Petitioners' land reserved for school purposes not acquired despite notice; court declares reservation lapsed and directs publication of notification....

The petitioners, owners of land bearing Gat No. 105/2+3 at Village Bale, Solapur, filed a writ petition under Article 226 of the Constitution seeking a declaration that the reservations (Nos. 11/53 an...

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Bombay High Court Dismisses Promoters' Challenge to Deemed Conveyance Under MOFA — Upholds Competent Authority's Order Including Recreational Ground Area. The Court held that the Competent Authority's order under Section 11 of the Maharashtra Ownership Flats Act, 1963 was valid and the petitioners' objections regarding excess land and right of way were not sustainable....

The petitioners, Nahalchand Laloochand Pvt. Ltd., Rajesh Himatlal, and Wonder Estate Developers Pvt. Ltd., filed a writ petition under Article 226 of the Constitution before the Bombay High Court, cha...

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Bombay High Court Dismisses Revision Applications Against Rejection of Plaint Rejection Application in Partition Suit. Court holds that issues of limitation and cause of action are mixed questions of law and fact requiring trial under Order VII Rule 11 CPC....

The judgment arises from two Civil Revision Applications (CRA No. 12/2024 and CRA No. 13/2024) filed by defendants in a partition suit (RCS No. 78/2023) pending before the Civil Judge, Junior Division...

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Bombay High Court Allows Writ Petition of Koyna Project-Affected Persons Seeking Rehabilitation Land — Cancellation of Allotment Without Hearing Set Aside. State Directed to Allot Alternative Land Within Six Weeks as Petitioners' Eligibility Was Undisputed....

The petitioners, legal heirs of Waman Ganpatrao Kadam, owned lands in Velhe, Satara, acquired for the Koyna Project in 1961. They claimed they received neither compensation nor a rehabilitation plot. ...