Bombay High Court

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Bombay High Court Dismisses Assignee's Challenge to Auction Sale for Non-Compliance with Regulation 37(1) of DRT Regulations, 2015 — Failure to Raise Objection at Appropriate Stage and Lack of Prejudice Renders Challenge Belated and Unsubstantiated....

The petitioner, Invest Assets Securitisations & Reconstruction Private Limited, an assignee holding a pari passu charge with the first respondent Bank of Baroda, filed a writ petition under Articles 2...

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High Court Upholds Rent Control Act, Denying Britannia’s Claim for Market Rent...

The fixation of standard rent for an upscale apartment in Mumbai, which was rented to Maya Sunil Alagh, the wife of Britannia's former Managing Director. The main legal issue is whether the Maharashtr...

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Bombay High Court Quashes Amendment Order in Partition Suit for Lack of Due Diligence — Amendment Sought After Trial Concluded and Final Arguments Commenced, Allowing Addition of 12 Properties and 19 Defendants, Held to Be an Abuse of Process Under Order VI Rule 17 CPC....

The petitioner, Dashrath Shiva Korlekar, legal heir of original Defendant No. 1 (Defendant No. 1C), challenged the order dated 22.02.2024 passed by the Learned Trial Court in Application below Exhibit...

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Bombay High Court Allows Refund of Excess One-Time Premium in ULC Act Repeal Case — Premium Chargeable Only on Exempted Surplus Vacant Land. The court held that the one-time premium under the 2019 GR and 2021 GR cannot be levied on retainable land, only on exempted surplus land under Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976....

The petitioners, owners of land bearing Survey No.429/1/2 and CTS No.1069-A/A-1 and 1069-A/B-1, sought a refund of Rs.2,66,75,750/- paid as one-time premium under the 2019 GR and 2021 GR issued pursua...

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Bombay High Court Dismisses Revision Against Eviction Decree for Non-User and Subletting of Tenanted Shop. Tenant's Use of Premises as Godown for Grocery Items Held to Be Change of User and Subletting to Brother Constitutes Unauthorized Transfer....

The case involves a civil revision application filed by the defendants (tenants) against a decree of eviction passed by the trial court and confirmed by the first appellate court. The plaintiff-landlo...

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Bombay High Court Quashes Recovery Certificate for Parking Charges in Co-operative Housing Society Dispute — Jurisdiction of Assistant Registrar Under Section 154B-29 of MCS Act Not Attracted. Disputes Pertaining to Parking Must Be Adjudicated Under Section 91 of the MCS Act Before the Co-operative Court as Per Bye-Law No.174(B)(iv) of Model Bye-Laws....

The petitioner, Smita P. Dalvi, filed a Writ Petition under Article 226 of the Constitution of India challenging an order dated 29 February 2024 passed by the Assistant Registrar, Co-operative Societi...

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Bombay High Court Dismisses Revenue's Appeal in Bogus Purchase Case, Upholds Estimation of Income at 12.5% on Disputed Purchases. The Court held that in the absence of specific evidence linking the assessee's transactions to bogus purchases, the entire expenditure cannot be added under Section 69C of the Income Tax Act, 1961....

The case involves two appeals filed by the Revenue under the Income Tax Act, 1961, challenging a common order of the Income Tax Appellate Tribunal (ITAT) dated 3 August 2017. The assessee, SVD Resins ...

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Amendment of Plaint at Appellate Stage: Balancing Bonafide Requirement and Procedural Integrity. Bombay High Court examines the legitimacy of raising new needs in a suit at the appellate stage following the death of the original plaintiff....

The Bombay High Court deliberated on whether a new need, different from the one originally pleaded in the plaint, could be introduced at the appellate stage. The case involved the eviction of tenants ...

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Bombay High Court Dismisses PIL Challenging Land Allotment to Educational Trust Due to Delay and Laches. Allotment of 1999 and 2008 not challenged until 2013, petition held not maintainable....

The petitioners, residents of village Dhangawadi, filed a Public Interest Litigation under Article 226 of the Constitution of India challenging the allotment of land in Gat No. 237 to respondent No.5,...