Bombay High Court

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Bombay High Court Quashes Penalty Orders for Unauthorized Minor Mineral Extraction Due to Violation of Natural Justice. Show cause notices and final orders under Section 48(7) and (8) of Maharashtra Land Revenue Code, 1966 set aside for non-compliance with principles of natural justice....

The petitioners, M/s. Royale Urbanspace and its partners, owned land bearing Survey No.44/1 at Mouje Borsheti, Taluka Shahapur, District Thane. In 2013, they proposed to develop the land for residenti...

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Bombay High Court Quashes Reopening Notice in HDFC Bank Bad Debts Case — No Failure to Disclose Material Facts. Section 148 notice under Income Tax Act, 1961 set aside as reassessment based on change of opinion and lack of tangible material....

The petitioner, HDFC Bank Ltd., a scheduled bank registered with RBI, filed its return of income for assessment year 2006-07 and claimed deductions under section 36(1)(viia) for provision for bad and ...

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Bombay High Court Allows Writ Petition Challenging Provisional Attachment Orders Under CGST Act — Circular Read Down to Mandate Recording of Reasons. Attachment Orders Quashed for Non-Recording of Reasons Under Section 83 of Central Goods and Services Tax Act, 2017 and Rule 159(1) of CGST Rules....

The petitioner, Originative Trading Private Limited, filed a writ petition under Article 226 of the Constitution of India challenging the validity of a circular dated 23rd February, 2021 issued by the...

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Bombay High Court Dismisses Appeal in Ownership Dispute Over Suit Premises Upholding Single Judge Decree. Court found Appellants relied on forged birth certificate and tampered ration card to claim identity as 'Pushpa S. Sharma', thus affirming decree declaring original plaintiff as owner and directing possession and mesne profits....

The matter arose from an appeal before the Division Bench of the Bombay High Court against an order and judgment dated 7 August 2015, by which a Single Judge decreed Suit No. 1342 of 2003. The dispute...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — No Prima Facie Case for Injunction Against Co-Owners. Agreement for Sale of Undivided Share by One Co-Owner Does Not Create a Right to Injunction Against Other Co-Owners Who Are Not Parties to the Agreement....

The appellant-plaintiff, M/s. Amoda Properties LLP, filed a suit for specific performance of an agreement dated 21st December 2016, whereby defendant no.1, Joy Mrinalkani Basu, agreed to sell 10 acres...

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Bombay High Court Upholds Interim Injunction Against Demolition of Suit Structure in Municipal Corporation Dispute. Court Restrains Corporation from Demolishing Alleged Unauthorised Construction Pending Suit, Holding That Prima Facie Case and Balance of Convenience Favour Plaintiffs....

The case involves two appeals filed by the Municipal Corporation of Greater Mumbai (defendant no.1) and M/s. Chhaya Construction Company (defendant no.4) against an interim order dated 29th July 2021 ...

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Bombay High Court Dismisses Petition Challenging Appointment of Nominated Councillor as Leader of House in Pune Municipal Corporation. Section 19-1A of Maharashtra Municipal Corporation Act, 1949 Does Not Require Leader to Be Elected Councillor; Term 'Councillor' Includes Nominated Members....

The Bombay High Court dismissed a writ petition challenging the appointment of a nominated Councillor as Leader of the House in the Pune Municipal Corporation. The petitioner, an elected Councillor, a...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Error in Multiplier Application — Compensation Enhanced. The Court corrected the multiplier from 12 to 13 based on the deceased's age of 45 years under Section 166 of the Motor Vehicles Act, 1988, and enhanced interest rate to 7.5% per annum....

The appellants, legal heirs of the deceased Arunkumar Pandya, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for his death in a motor vehicle accident. ...

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High Court of Bombay at Nagpur Enhances Compensation for Injured Claimant in Motor Accident Case — Multiplier Method Applied for Permanent Disability. Claimant with 20% disability awarded Rs. 1,51,140/- with interest at 6% per annum under Section 166 of Motor Vehicles Act, 1988....

The appellant, Snehalata Wd/o Arunkumar Pandya, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a motor accident on 26/03/1993....