Bombay High Court

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Bombay High Court Dismisses Appeals by NGOs Challenging Revocation of Allotment of Gymnasium Centres by MCGM — No Right to Continue in Possession After Expiry of Licence Period...

The Appellants, two NGOs, were allotted Gymnasium Centres by the Municipal Corporation of Greater Mumbai (MCGM) on caretaker basis for fixed periods. The agreements expired in 2012 and 2013 respective...

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Bombay High Court Dismisses Appeals by NGOs Challenging Revocation of Allotment of Municipal Gymnasium Centres. Court upholds MCGM's right to revoke allotment for non-compliance with terms and public interest, rejecting claims of legitimate expectation and violation of natural justice....

The Bombay High Court dismissed two appeals filed by NGOs, Samantawadi Mahila Vikas Foundation and Mumbaikar Peace and Welfare Society, challenging the refusal of temporary injunction by the City Civi...

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Bombay High Court Allows Appeal Against Return of Plaint in Suit Challenging Deed of Additional Right of Way. Court holds that valuation for jurisdiction is determined by the plaintiff's valuation in the plaint, and the City Civil Court cannot go beyond the plaint allegations to determine pecuniary jurisdiction under Order 7 Rule 10 CPC....

The appeal arises from an order dated 12 October 2022 passed by the City Civil Court, Greater Mumbai, allowing Notice of Motion No. 1797/2021 filed by the defendant under Order 7 Rule 10 of the Code o...

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Bombay High Court Quashes FIR Against Elderly Parents-in-Law in Dowry Harassment Case — Allegations Found Vague and Lacking Specifics. Court holds that general and omnibus allegations against aged in-laws without specific overt acts do not constitute offences under Sections 498-A, 406, 420, 323, 506(ii) IPC....

The petitioners, Ramesh Sitaldas Dalal and his wife, aged 80 and 75 years respectively, are the parents-in-law of respondent No.2 (the complainant). They filed a writ petition under Article 226 of the...

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Bombay High Court Allows Petitions Challenging No-Confidence Motion Against Sarpanch and Upa-Sarpanch for Non-Compliance with Mandatory Procedure Under Maharashtra Village Panchayats Act, 1959. Failure to Move Resolution in Special Meeting Renders Motion Invalid and Attracts Bar Under Section 35(3-A) Against Fresh Motion for One Year....

The petitioners, Savita Shrimant Ghule (Sarpanch) and Ganesh Vishnu Hagawne (Upa-Sarpanch) of Grampanchayat Ukkadgaon, Taluka Barshi, District Solapur, challenged the order dated 13.10.2023 passed by ...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Sets Aside Appellate Decree for Sale Deed Execution. Court holds that the plaintiff failed to prove readiness and willingness to perform the contract, and the agreement was not proved as required under Section 16(c) of the Specific Relief Act, 1963....

The case involves a second appeal arising from a suit for specific performance of an agreement to sell agricultural land. The plaintiffs (respondents) claimed that the defendant (appellant's predecess...

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Bombay High Court Quashes Detention Order in MPDA Act Case — Failure to Distinguish Between Law and Order and Public Order. Detention under Section 3 of MPDA Act set aside as grounds related to bootlegging did not affect public order, only law and order....

The petitioner, Badal s/o Manoj Sahare, challenged the detention order dated 26/04/2023 passed by the District Magistrate, Wardha under Section 3(1) and (2) of the Maharashtra Prevention of Dangerous ...

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High Court of Judicature at Bombay Hears Challenge to Industrial Tribunal Award on Permanency of Sanitation Workers — Petitioner Municipal Corporation Contests Award Recognizing Workers' Claim for Permanent Status...

By way of a writ petition, the Commissioner, Municipal Corporation of Greater Mumbai (MCGM) challenged an Industrial Tribunal Award dated 22.03.2021 passed in Reference (IT) No. 81 of 2005. The refere...

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Bombay High Court Orders Refund of Rs.56 Crore Service Tax Deposit Retained Without Authority of Law. Petitioner Bank's deposit made under protest to buy peace on interchange income cannot be retained without show cause notice or adjudication order....

The petitioner, The Hongkong and Shanghai Banking Corporation Ltd., filed a writ petition under Article 226 of the Constitution challenging the retention of Rs.56,19,84,075/- by the respondents (Union...

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Bombay High Court Allows Taxpayer in Income Tax Refund Case Due to Assessing Officer's Failure to Pass Final Assessment Order Within Limitation Under Section 144C(13) of Income Tax Act, 1961. Faceless Assessment Scheme Communication Rule Deemed Receipt by National e-Assessment Centre, Not Individual Officer, Determines Limitation for Finalising DRP Directions....

The dispute arose from a return of income filed by the petitioner for Assessment Year 2016-2017, which disclosed losses under normal provisions and Section 115JB of the Income Tax Act, 1961, along wit...