Bombay High Court

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Bombay High Court Allows Appeal in Income Tax Case — Reassessment Notice Invalid Beyond Four Years Without Allegation of Non-Disclosure. Arbitration Award Receipt Held as Capital Receipt, Not Income Under Section 147 of the Income Tax Act, 1961....

The appellant, Ramona Pinto, an individual, filed an appeal under Section 260A of the Income Tax Act, 1961, against an order dated 2nd April 2018 passed by the Income Tax Appellate Tribunal (ITAT). Th...

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Commercial Dispute Over Coal Handling Services. Court upholds arbitral tribunal's finding that allegations of fraud were not serious enough to render dispute non-arbitrable and rejects challenge to award under Section 34 of Arbitration and Conciliation Act, 1996....

The case involves a Commercial Arbitration Petition filed by Maharashtra Power Generation Company Ltd. (Petitioner) seeking to set aside an arbitral award dated 21.04.2021 and a preliminary order date...

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Bombay High Court Upholds Temporary Injunction in Property Dispute Based on Agreement to Sell and Possessory Rights. Court Restrains Defendant from Alienating Suit Property or Acting on Assignment Deed, Directs Plaintiff to Pay Accommodation Charges to Tenants....

The dispute pertains to a property known as 'Sharda Niwas' in Goregaon, Mumbai. The plaintiff, Jagdish Harkishan Sharma, claimed to have entered into an agreement to sell with the legal heirs of the o...

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Bombay High Court Dismisses Appeal by Dissenting Members in Cooperative Housing Society Redevelopment Dispute — Majority Decision Upheld. Court holds that minority members cannot stall redevelopment process approved by 80 out of 88 members, and objections regarding additional area do not justify interim injunction....

The case involves an appeal by 8 members (appellants) of Neel Shantiniketan Co-operative Housing Society Limited against an order of the City Civil Court rejecting their Notice of Motion for temporary...

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Bombay High Court Allows Writ Petition Challenging Reopening of Assessment Beyond Four Years Under Section 147 of Income Tax Act, 1961 — No Failure to Disclose Material Facts. Reopening Based on Change of Opinion Not Permissible; Notice Under Section 148 Quashed....

The petitioner, Hasmukh Estates Pvt. Ltd., a company registered under the Companies Act, 1956/2013, filed a writ petition under Article 226 of the Constitution of India challenging the reopening of it...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Doubtful Prosecution Case. Conviction under Section 302 IPC set aside as ocular and medical evidence contradicted each other and FIR was delayed....

The appellant, Gorakh Vitthal Tadvi, was convicted under Section 302 of the Indian Penal Code (IPC) for the murder of Dwarkabai, his relative, by the Additional Sessions Judge, Shahada, District Nandu...

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Bombay High Court Upholds Conviction of Appellant for Murder Under Section 302 IPC. Conviction based on testimony of interested witnesses held sustainable despite acquittal of co-accused....

The appellant, Kishor, was convicted by the Additional Sessions Judge, Majalgaon, for the murder of Angad under Section 302 IPC and sentenced to life imprisonment. The incident occurred on 09.09.2015 ...

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Bombay High Court Dismisses Cooperative Society's Challenge to Applicability of Reservation Act. Cooperative Society Receiving Government Land and Financial Assistance Held Covered by Explanation to Section 2(c) of Maharashtra State Public Services (Reservation for SC/ST/DT/NT/SBC/OBC) Act, 2001, Obliging Implementation of Backlog Filling....

The Bombay High Court, Aurangabad Bench, adjudicated a batch of writ petitions challenging the applicability of the Maharashtra State Public Services (Reservation for Scheduled Castes, Scheduled Tribe...

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Bombay High Court Allows Writ Petition Seeking Implementation of Free Studentship Scheme for Wards of Private School Employees. Government Resolution dated 13.06.1996 mandates free education for children of teaching and non-teaching staff, and communication restricting benefit to one ward is quashed....

The petitioners, employees of private schools in Nanded, filed a writ petition seeking implementation of the Government Resolution dated 13.06.1996, which provides free education to the wards of teach...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Dying Declaration and Lack of Corroborative Evidence. Dying Declaration Found Unsafe as It Was Not Recorded in Deceased's Vernacular and Contained Overwritings, Leading to Acquittal Under Section 302 IPC....

The appellant, Prakash s/o Rupa Rathod, was convicted by the learned Sessions Judge, Jalna, on 21-03-2012 in Sessions Case No.121 of 2012 for the murder of Sushila under Section 302 of the Indian Pena...