Bombay High Court

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Bombay High Court Quashes Show-Cause Notice Under Section 56(1)(b) of Maharashtra Police Act for Lack of Live Link and Non-Recording of Statements. The court held that the authority must record statements of witnesses and establish a live link between offences before issuing such notice....

The petitioner, a farmer, challenged a show-cause notice dated 12 January 2024 issued under Section 56(1)(b) of the Maharashtra Police Act by the Sub-Divisional Officer, Haweli. The petitioner contend...

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Bombay High Court Converts Writ Petition into Suo Motu PIL over Illegal Construction on CIDCO Land; Appoints Court Receiver to Survey Occupants. Unauthorised structure built without any permissions on acquired land, despite repeated demolitions and stay orders, led the Court to take suo motu cognizance and restrain civil suits while considering demolition....

The Bombay High Court, in a suo motu writ petition arising from a private writ, addressed rampant unauthorised construction on government-acquired land in Navi Mumbai. The dispute began when Monish Ch...

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Bombay High Court Upholds Life Imprisonment for Murder Conviction Under Section 302 IPC — Common Intention Established in Fatal Assault. Appellants convicted for murder of deceased by inflicting multiple injuries with iron rod and stick, common intention under Section 34 IPC proved by joint participation....

The appellants, Raju Appasaheb Patil and Suraj Appasaheb Patil, were convicted by the District Judge-1 and Additional Sessions Judge, Sangli, under Section 302 read with Section 34 of the Indian Penal...

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Bombay High Court Allows Petitioner to Have Advocate Present During DRI Interrogation at Visible Distance and Permits Videography at Petitioner's Cost. Right to Counsel and Transparency in Customs Act Proceedings Upheld....

The petitioner, Bhavika Soni, filed a writ petition before the Bombay High Court seeking a direction to the Directorate of Revenue Intelligence (DRI) to permit her to attend proceedings during her int...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Gift of Shares Without Consideration — Gift Does Not Constitute Income Escape Under the Act....

The petitioner, M/s. Jai Trust, a trust incorporated under the Indian Trust Act, 1882, challenged the legality and validity of a notice dated 12 March 2015 issued under Section 148 of the Income Tax A...

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Bombay High Court Quashes Penalty for Excavation of Ordinary Earth Without Authorization Under Maharashtra Land Revenue Code — Petitioner Had Valid Development Permission and No Mining Intent. Excavation of ordinary earth as part of construction project does not attract royalty or penalty under Section 48(7) of MLRC if done under valid development permission....

The petitioner, AIGP Developers (Pune) Private Limited, challenged an order dated 29 June 2023 passed by the Tehsildar, Haveli (Pune), under Section 48(7) of the Maharashtra Land Revenue Code, 1966 (M...

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Bombay High Court Upholds Maintenance Tribunal Order for Senior Citizens Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Section 9(2) Cap of Rs.10,000 Applies Per Child, Not in Aggregate, Allowing Total Payment of Rs.26,000 Per Month....

Two writ petitions were filed by a son and a daughter challenging an order of the Maintenance Tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Tribu...

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Bombay High Court Allows Challenge to Unilateral Deemed Conveyance Certificate Under MOFA Section 11 — Competent Authority Cannot Incorporate Third-Party Rights Created by Documents Other Than Section 4 Agreement. Court Directs Removal of Such References from Certificate While Relegating Parties to Civil Suit....

The Petitioner, Riddhi Gardens Building No. A1, A2 Co-operative Housing Society Limited, challenged a certificate of unilateral deemed conveyance issued by the District Deputy Registrar, Co-operative ...

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Bombay High Court Quashes Reassessment Notices in Income Tax Case Due to Lack of Independent Application of Mind by AO. Dividend Stripping Provision Under Section 94(7) of Income Tax Act, 1961 Not Applicable Where Assessee Suffered Net Loss on Sale of Mutual Fund Units Exceeding Dividend Received....

The petitioner, Karan Maheshwari, an individual investor in shares, stocks, securities, and mutual funds, challenged a show cause notice dated 20 August 2022 issued under Section 148A(b) of the Income...