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Bombay High Court Quashes Default Sentence in DV Act Maintenance Case — Sentencing Without Prior Notice Violates Natural Justice. Imprisonment for non-payment of interim maintenance under Section 125(3) CrPC read with Section 28 DV Act requires prior notice and opportunity of hearing before sentencing....

The petitioner, Vikram Ramesh Rughani, challenged an order dated 20 January 2024 passed by the Metropolitan Magistrate in C.C. No. 96/DV/2018, sentencing him to 47 months simple imprisonment for defau...

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High Court

Bombay High Court Partially Allows Appeal in RERA Refund Dispute — Joint Developer Not Liable for Refund of Amounts Not Received. The court held that under Sections 12 and 18 of RERA, only a promoter who has received payment can be directed to refund, and joint and several liability cannot be imposed without statutory basis....

The case involves a dispute under the Real Estate (Regulation and Development) Act, 2016 (RERA) regarding the refund of amounts paid by an allottee to a joint developer. The appellant, Wadhwa Group Ho...

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  • 190
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Bombay High Court at Goa Dismisses Writ Petitions Challenging Demolition of Illegal Construction in CRZ Area Due to Suppression of Facts and Lack of Locus Standi. Petitioner, not being owner of land, cannot challenge demolition; suppression of earlier proceedings disentitles relief....

The petitioner, Nandlal Khemka, filed multiple writ petitions challenging the demolition of structures on survey no. 46/1 at Candolim, Bardez, Goa. The petitioner claimed to be a social worker and env...

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  • 98
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Bombay High Court Dismisses Interim Application Seeking Section 340 CrPC Proceedings in Slum Rehabilitation Dispute for Alleged Fabrication of MHADA Affidavit. Court Finds Affidavit Was Authentic, E-filed Under Administrative Directions, and Served on All Parties, Negating Claim of Fraud on Court....

The case involved two writ petitions challenging a slum rehabilitation scheme on MHADA land in Bandra East, Mumbai. The petitioners claimed to be MHADA tenants and contested their inclusion in the slu...

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  • 72
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Bombay High Court Allows Redevelopment Project Despite Narrow Road Width, Applies Promissory Estoppel Against Municipal Corporation. MCGM Estopped from Refusing Permission After Granting Initial Approval and Petitioner Acting to His Detriment....

The petitioner, Gufran Suleman Qureshi, proprietor of M/s Sirsiwala Realty, sought redevelopment of a building in Mumbai. The Municipal Corporation of Greater Mumbai (MCGM) granted initial permission ...

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  • 152
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Bombay High Court Holds It Lacks Jurisdiction to Decide Amendment Application in Suit Slated for Transfer Due to Loss of Pecuniary Jurisdiction. The Court cannot retain jurisdiction to decide an amendment application seeking to increase suit valuation after the Bombay City Civil Court (Amendment) Act, 2023 came into force, as the suit already falls within the enhanced pecuniary jurisdiction of the City Civil Court....

The Bombay High Court was tasked with deciding whether it retains jurisdiction to entertain an application for amendment of plaint seeking to increase the suit valuation, after the Bombay City Civil C...

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  • 169
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Bombay High Court Dismisses Revenue's Appeal in TDS Classification Dispute. Storage Charges for Hiring Tanks Held to Be 'Work' Under Section 194C, Not 'Rent' Under Section 194I of Income Tax Act, 1961....

The case involves two appeals by the Commissioner of Income Tax (TDS) against a common order of the Income Tax Appellate Tribunal (ITAT) regarding the classification of storage charges paid by the ass...

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  • 126
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Bombay High Court Allows Revenue's Appeal in TDS Dispute — Storage Charges for Hiring Tanks Constitute Rent Under Section 194I. Payment for use of storage tanks for imported edible oil is 'rent' under Section 194I of the Income Tax Act, 1961, requiring TDS at 20%, not 2% under Section 194C....

The case involves two appeals by the Commissioner of Income Tax (TDS) against a common order of the Income Tax Appellate Tribunal (ITAT) relating to the assessee, M/s B. Arunkumar Trading Ltd. The ass...

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  • 118
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Bombay High Court Considers Petition to Recall Earlier Order Permitting Construction of Bridge Alleging Fraud and Non-Disclosure of Material Facts. Petitioners Allege Respondent Concealed Destruction of Mangroves, Dumping of Hazardous Waste, and Pending NGT Proceedings....

The petition filed under Article 226 of the Constitution of India and Section 482 of the Criminal Procedure Code, 1973, by Samita Rajendra Patil and Sunil Moreshwar Kothekar sought multiple reliefs ag...

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  • 227
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Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Conviction under Sections 7 and 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 set aside as sole interested witness's testimony was not corroborated and demand of bribe was not proved beyond reasonable doubt....

The appellant, Shrikant Chimaji Jahagirdar, was convicted by the Special Judge, Solapur for offences under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988. He was sen...

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

High Court of Judicature at Bombay Upholds Developer's Challenge to Arbitration Award — ...

High Court Quashes School Tribunal's Order on Employee Reinstatement Due to Procedural Irr...

Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credible Testimon...

Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's Decree on Wi...

Supreme Court Sets Aside High Court Order on Temple Property Gift — Affirms State's Cust...

Supreme Court Dismisses Appeal Against Charge Framing in Corruption Case — Upholds High ...

Supreme Court Upholds Removal of Deputy Registrar in University Disciplinary Proceedings D...

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