Bombay High Court

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Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Specific Performance Suit — Prima Facie Case Established for Agreement for Sale. The court held that the Trial Court's order was perverse and that the plaintiffs had made out a strong prima facie case for grant of injunction under Order 39 Rules 1 and 2 CPC....

The appellants, Prashant Rambhau Pathare and others, filed an appeal against the order dated 16 January 2020 passed by the Civil Judge Senior Division, Pune, rejecting their application for temporary ...

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Bombay High Court Acquits Convict in Murder Case Due to Doubtful Recovery and Hearsay Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt....

The appellant, Digambar s/o Bhivsan Tribhuvan, was convicted under Section 302 of the Indian Penal Code (IPC) for the murder of Bharat, allegedly due to illicit relations with the appellant's wife. Th...

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Bombay High Court Adjourns Writ Petitions for Compliance Statement in Service Matter. Court directs State to file statement regarding earlier order dated 6th September 2022....

The Bombay High Court at Nagpur was hearing three connected writ petitions filed by petitioners against the State of Maharashtra and others. On 6th September 2022, the court had passed an order requir...

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Bombay High Court Allows Writ Petition Seeking Release of Enhanced Compensation Under National Highways Act, 1956 — Competent Authority Cannot Insist on Succession Certificate for Payment of Enhanced Compensation Awarded Under Section 3G of the National Highways Act, 1956, as the Act is a Complete Code and the Award Determines Entitlement....

The petitioners, five individuals, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the respondents, the State of Maharashtra and the Competent Auth...

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Bombay High Court Allows Revision Petition Under Section 264 of Income Tax Act, 1961 for Non-Grant of Indexed Cost of Improvement in Capital Gains Computation. The Principal Commissioner's rejection of the revision application was set aside as the claim for indexed cost of renovation expenses incurred in 1990 was a lawful claim that ought to have been considered....

The petitioner, an individual resident, filed his return of income for Assessment Year 2007-08 on 21 August 2007 declaring total income of Rs.8,49,118/-, which included long-term capital gains from th...

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Bombay High Court Quashes Reassessment Notice for Club Membership Fees as Revenue Expenditure. Payment of entrance and subscription fees to Willington Sports Club held to be revenue expenditure, not capital expenditure, as it was for short-term membership renewal and did not create an enduring benefit....

The petitioner, Swiss Re Services India Pvt Ltd, filed a writ petition challenging a notice dated 29 March 2010 issued under Section 148 of the Income Tax Act, 1961 for the assessment year 2008-2009. ...

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Bombay High Court Dismisses MLA's Petition Alleging Discriminatory Allocation of Slum Development Funds. Court holds that allocation of funds under Maharashtra Local Development Fund is an executive policy decision not subject to judicial review unless arbitrary or mala fide....

The petitioner, Ravindra Dattaram Waikar, a Member of Legislative Assembly (MLA) from Jogeshwari (E) constituency, filed a writ petition alleging discriminatory allocation of government funds for slum...

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Bombay High Court Allows Writ Petition Challenging Refusal of Building Permission Due to Playground Reservation Under MRTP Act. Notice Under Section 127 Held Not Premature as 10-Year Period for Acquisition Had Expired....

The petitioner, Irfan Allabaksh Shaikh, owned land bearing CTS No. 6167 in Siddheshwar Peth, Solapur, which was reserved as a playground (site No. 319) in the development plan published on 16 January ...