Bombay High Court

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Bombay High Court Upholds Cancellation of Gift Deed Under Senior Citizens Act for Non-Maintenance — Tribunal Has Jurisdiction to Declare Transfer Void Under Section 23. The court held that failure to provide basic amenities to a senior citizen renders the transfer deemed as made by fraud or coercion, and the Tribunal can cancel the deed without requiring a civil suit....

The petitioners, Nandkishor Shivdin Sahu (son-in-law) and Urga Nandkishor Sahu (daughter), challenged the order of the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citi...

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Bombay High Court Allows Land Acquisition Appeals for Proper Market Value Determination. Reference Court's award based on averages set aside; matter remanded for fresh consideration of comparable sale instances and prior awards....

The judgment pertains to two First Appeals arising from land acquisition proceedings. The appellants, Dattatraya Ramchandra Chinchalikar through his legal representatives, challenged the Reference Cou...

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Bombay High Court Dismisses Impleadment Application in Letters of Administration Petition — Applicant Lacks Caveatable Interest Under Hindu Succession Act. Son of Predeceased Nephew of Deceased Held Not Entitled to Be Heard as He Falls in Agnates Category, Not Class II Heirs Under Section 8 of Hindu Succession Act, 1956....

The applicant, Nileshbhai Chandrachantbhai Suchak, filed an Interim Application seeking to be impleaded as a party respondent in Testamentary Petition No.3788 of 2022, which was filed by Induben Jetha...

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Bombay High Court Allows Transfer of Matrimonial Proceedings from Goa to Mumbai on Grounds of Wife's Hardship and Child's Welfare. The court held that in matrimonial matters, the wife's convenience is paramount under Section 24 CPC, and the common High Court has jurisdiction to transfer cases from Goa to Mumbai....

The applicant, Crystal Fernandes, filed a Misc. Civil Application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of two proceedings pending in the Civil and Criminal Court at ...

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Bombay High Court Allows Writ Petition and Discharges Private Shipping Agents in CBI Corruption Case — No Prima Facie Case as Invoices Were Disallowed and No Loss Caused to SCI. Court Relies on Sanctioning Authority's Finding That No Wrongful Gain or Loss Occurred, and Discharge of Co-Accused Public Servants....

The petitioners, Krishna Bhagwan Kotak (partner) and M/s. J.M. Baxi & Co., were arraigned as accused in Special CBI Case No.60/2010 for alleged criminal conspiracy with four officials of Shipping Corp...

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Bombay High Court Dismisses Wife's Second Appeal Against Refusal to Condon Delay in Challenging Divorce Decree — Remarriage of Husband After Expiry of Limitation Period Renders Appeal Infructuous Under Section 15 of Hindu Marriage Act, 1955....

The present second appeal was filed by the appellant/wife against the judgment and order dated 15/09/2021 passed by the learned District Judge-10, Aurangabad, in Civil Miscellaneous Application No.168...

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Bombay High Court Acquits Accused in POCSO and IT Act Case Due to Lack of Evidence and Inordinate Delay. Conviction under Section 376 IPC and Section 8 POCSO Act set aside as victim's testimony uncorroborated and medical evidence inconclusive; conviction under Section 67 IT Act quashed for failure to produce forensic report or obscene material....

The appellant, Rahul Gautam Lahase, was convicted by the Additional Sessions Judge, Achalpur for offences under Section 376 IPC, Section 8 of the POCSO Act, and Section 67 of the IT Act, and sentenced...

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Bombay High Court Dismisses Petition by School Management Challenging Tribunal Order of Reinstatement of Teacher Terminated on Grounds of Surplusage and Lack of Qualification. Court Holds That Termination Without Following Rule 26 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and Rules, 1981 Is Invalid....

The petitioners, Shri Shivaji Education Society and the Headmaster of Shahajirao Patil Secondary School, challenged the order dated 11/12/2014 passed by the School Tribunal in Appeal No.6 of 2013, whi...

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Bombay High Court Quashes Reassessment Proceedings Against Company Resolved Under IBC — Clean Slate Principle Applies to Past Tax Claims. Section 31 of IBC binds tax authorities, and no reassessment can be initiated for pre-resolution period....

The petitioners, Uttam Galva Metallics Ltd. (the corporate debtor) and its director, challenged reassessment proceedings initiated by the Income Tax Department for Assessment Year 2016-17 under Sectio...