Bombay High Court

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act, 1961 for Lack of Valid Reason to Believe. Notice Issued Beyond Four-Year Limit Without Allegation of Failure to Disclose Material Facts Held Invalid....

The petitioner, a partnership firm engaged in government contracts for water supply schemes, filed its return of income for Assessment Year 2016-17 on 12 September 2016, declaring a total income of Rs...

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Bombay High Court Dismisses Second Appeal in Summary Suit for Recovery of Balance Consideration Under Agreement for Sale. Court holds that leave to defend cannot be granted on the basis of vague and unsubstantiated allegations of payment in cash, and that the defendant failed to raise a triable issue....

The appellant-defendant, Vikram Trimbak Pawar, entered into an Agreement for Sale dated 23 November 2016 with the respondent-plaintiff, Technocrat Construction, for the purchase of Flat No.302 in Balr...

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Bombay High Court Upholds Order Proceeding as Undefended in Commercial Suit After Defendant Failed to File Written Statement Within 120 Days. Mandatory 120-Day Limitation for Written Statement Under Order VIII Rule 1 CPC as Amended by Commercial Courts Act, 2015 Bars Condonation of Delay and Validates Service at Policy Address....

This matter arose from an interim application filed by the defendant insurer in a commercial suit pending before the Bombay High Court. The plaintiff, a biscuit company, filed a commercial suit agains...

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Bombay High Court Allows Writ Petition Challenging Termination of RBI Employee on Grounds of Non-Disclosure of Disability and Caste. Termination Order Quashed as Petitioner Had Disclosed Disability and Caste in Application, and RBI Failed to Follow Principles of Natural Justice....

The petitioner, Kishore Jetha Somai, filed a writ petition under Article 226 of the Constitution of India challenging his termination order dated 28 August 2017 issued by the Chief General Manager of ...

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Bombay High Court Allows Writ Petition for Pensionary Benefits to Retired Ayurvedic College Staff. Employees who took voluntary retirement are entitled to pension and gratuity under the Maharashtra Civil Services (Pension) Rules, 1982, as the college is a government-aided institution....

The petitioners, seven retired employees of Seth Govindji Raoji Ayurveda Mahavidyalaya (Respondent No. 4), an Ayurvedic college in Solapur, filed a writ petition on 11 January 2018 seeking pensionary ...

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Bombay High Court Dismisses Second Appeal in Land Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. No Substantial Question of Law Arises as Courts Below Concurrently Held That Plaintiffs Failed to Prove Title and Possession Over Suit Land....

The appellants, original plaintiffs, filed a suit for declaration of title and possession over agricultural land. The trial court dismissed the suit, holding that the plaintiffs failed to prove their ...

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Bombay High Court Allows Appeal in Income Tax Case on Development Agreement — Receipt of Rs.1,00,92,750/- Held as Capital Receipt Not Taxable. The court held that the Tribunal erred in interpreting the development agreement and that the compensation for settlement of dispute was a capital receipt under the Income Tax Act, 1961....

The appeal was filed by Sunil Pran Sikand, legal heir of Pran Kishan Sikand, against an order of the Income Tax Appellate Tribunal (ITAT) dated 20th September 2002. The assessee owned a property at Kh...

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Bombay High Court Quashes Attempt to Suicide Case Against Accused in Absence of Ingredients of Section 309 IPC. Alleged suicide attempt by consuming poison not proved as medical evidence showed no poison detected and complainant's version was inconsistent....

The applicant, Jignesh Girishbhai Makwana, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of Criminal Case No. 2601509/PS/2013 pending before th...