Bombay High Court

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Victim Testimony. Conviction under Sections 376(2)(n) and 506 IPC and Sections 4 and 8 POCSO Act Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The appellant, Kishor Popat Deore, was convicted by the learned District Judge-3 & Additional Sessions Judge, Malegaon, in Sessions Case No.104 of 2016 for offences under Sections 376(2)(n) and 506 of...

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Bombay High Court Upholds School Tribunal's Order Setting Aside Termination of Employee for Lack of Proper Inquiry and Double Jeopardy. Management's Termination of Teacher for Charges Previously Withdrawn Violates Principles of Natural Justice and Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977....

The judgment arises from two writ petitions: one by the management (Ahilyabai Holkar Shikshan Prasarak Mandal and Head Master) challenging the School Tribunal's order dated 01.10.2009 in Appeal No.16 ...

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Bombay High Court Allows Refund of Stamp Duty in Agreement Cancellation Case Due to Developer's Failure. Section 48(1) of Maharashtra Stamp Act does not bar refund when cancellation is for valid reasons and application is made within reasonable time....

The petitioners, Harshit Harish Jain and another, entered into an Agreement for Sale dated 30 August 2014 with M/s Krona Realties Private Limited for purchase of a flat. They paid stamp duty of Rs.27,...

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Bombay High Court Dismisses PCIT's Challenge to Settlement Commission Order Under Section 245D(4) of Income Tax Act — No Jurisdictional Error Found. The court held that the Settlement Commission's order under Section 245D(4) is quasi-judicial and can only be challenged on limited grounds, and the PCIT failed to establish any jurisdictional error or perversity....

The Principal Commissioner of Income Tax (Central)-3, Mumbai filed a writ petition under Article 226 of the Constitution of India challenging an order dated 27th September 2018 passed by the Income Ta...

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Bombay High Court Allows Writ Petitions Challenging Competent Authority's Orders Under MOFA, 1963 — Orders Quashed for Lack of Jurisdiction and Violation of Natural Justice. The Competent Authority under Section 5A of MOFA, 1963 cannot adjudicate title or possession of land, and must follow principles of natural justice....

The judgment involves two writ petitions: Writ Petition No. 180 of 2018 filed by Marathon Era Co-operative Housing Society Ltd and Writ Petition No. 295 of 2015 filed by Gulmohar Lokmilan Co-operative...

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Bombay High Court Dismisses PIL Challenging Environmental Clearance for Vadhavan Port Project — Upholds Validity of CRZ Clearance and Public Hearing Process. The court held that the Dahanu Taluka Environment Protection Authority had jurisdiction to grant CRZ clearance and that the public hearing was conducted in accordance with law....

The judgment concerns two public interest litigations (PILs) filed by Conservation Action Trust and Debi Goenka, and by National Fishworkers Forum and other fishermen associations, challenging the env...

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Bombay High Court Allows Revision Application of Sub-Tenant in Rent Control Matter. Sub-tenant with paid-up capital less than Rs 1 crore held entitled to protection under Maharashtra Rent Control Act, 1999 despite tenant's exclusion under Section 3(1)(b)....

The case involves a dispute over the applicability of the Maharashtra Rent Control Act, 1999 to a sub-tenant. The applicant, Frick India Ltd, claimed to be a sub-tenant of Bakelite Hylan Ltd (the tena...