Bombay High Court

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Bombay High Court Dismisses Petition Challenging Condonation of 1259 Days Delay in Filing Complaint Under Section 138 of Negotiable Instruments Act, 1881. Repeated Assurances by Accused Constitute Sufficient Cause for Delay....

The petitioner, Hiren Ashwin Shah, challenged the order dated 20 December 2022 passed by the Additional Sessions Judge, Borivali, Mumbai, which affirmed the order dated 22 January 2021 of the Metropol...

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Bombay High Court Quashes Preventive Detention Order in MPDA Act Case Due to Non-Application of Mind and Lack of Evidence Linking Detenu to Offences. Detenu's Name Not in FIRs and In-camera Statements Not Verified by Competent Authority....

The petitioner, Santosh Subhash Koli, through his mother Sunandabai Subhash Koli, filed a criminal writ petition challenging the detention order dated 29.09.2023 passed by the District Magistrate, Jal...

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Bombay High Court Quashes Reopening Notices Under Section 148 of Income Tax Act, 1961 for Lack of Independent Application of Mind. Notices Based Solely on CIB Information Without Forming Reason to Believe Are Invalid....

The petitioner, a Chartered Accountant, filed returns of income for Assessment Years 2010-2011, 2011-2012 and 2012-2013, which were processed under Section 143(1) of the Income Tax Act, 1961. Subseque...

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Bombay High Court Dismisses State's Petition Challenging Regularization of Suspension Period of Police Inspector Exonerated in Criminal Cases. Suspension period treated as duty with full pay and allowances under Rule 71 of Maharashtra Civil Services (Discipline and Appeal) Rules, 1979....

The State of Maharashtra and its police authorities filed a writ petition under Article 226 of the Constitution of India challenging an order of the Maharashtra Administrative Tribunal dated 22 Novemb...

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High Court of Bombay at Goa Dismisses Petitions Seeking Re-evaluation of Judicial Service Examination Answer Sheets. No Right to Re-evaluation Exists in Absence of Specific Rules or Patent Error....

The judgment concerns two writ petitions filed by practicing advocates who appeared for the Goa Judicial Service Examination (Civil Judge, Junior Division and Judicial Magistrate, First Class) conduct...

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Bombay High Court Reviews Advance Ruling Holding Business Support Services Payments Taxable as Fees for Technical Services Under India-UK DTAA. Court Examines Whether 'Make Available' Requirement in Article 13.4(c) is Satisfied and Whether Withholding Tax Obligation Under Section 195 of Income Tax Act, 1961 Arises....

The writ petition before the Bombay High Court arose from an order of the Authority for Advance Rulings (AAR) dated 17 January 2012, which held that payments made by Shell India Markets Private Limite...

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Bombay High Court Allows Writ Petition Against MCGM for Lease Renewal and Conveyance of Leasehold Plot. Court holds that delay in registration of assignment deed does not invalidate assignment and that lessee is entitled to renewal and conveyance under the Transfer of Property Act, 1882 and Mumbai Municipal Corporation Act, 1888....

The petitioners, Kesar Corporation, Troika Constructions Company, and Dattashram Cooperative Housing Society Ltd., filed a writ petition against the Municipal Corporation of Greater Mumbai (MCGM) and ...

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Bombay High Court Allows Writ Petitions Challenging PMLA Attachment — Section 32A IBC Immunity Overrides Provisional Attachment Order Under PMLA. Resolution Plan Approved for Corporate Debtor Shields Assets from Enforcement Directorate's Attachment....

The judgment concerns two writ petitions: one by individuals (Shiv Charan, Pushpalata Bai, and Bharti Agarwal) challenging a provisional attachment order under the Prevention of Money Laundering Act, ...

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Bombay High Court Dismisses State Appeal Against Acquittal in Rape and Cheating Case — Consent Based on Promise of Marriage Not Vitiated by Failure to Marry. Court holds that breach of promise to marry does not constitute rape under Section 376 IPC when initial consent was voluntary and not induced by false promise made with fraudulent intent....

The State of Maharashtra appealed against the judgment of the Additional Sessions Judge, Raigad-Alibag, dated 30 January 2016, which acquitted the respondent Chandrakant Laxman Patil of offences under...