Bombay High Court

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Bombay High Court Allows Writ Petition Challenging Refusal to Credit Amount Paid Under Income Declaration Scheme in Direct Tax Vivad Se Vishwas Act Proceedings. Court Holds That Beneficial Legislation Must Be Interpreted Liberally and Non Obstante Clause Does Not Bar Credit for Prior Payments Under Earlier Scheme....

The petitioner, Pinnacle Vastunirman Private Limited, filed a writ petition challenging the refusal of the Principal Commissioner of Income Tax-2 (respondent no. 3) to adjust or give credit to the amo...

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Bombay High Court Allows Writ Petition Challenging Civil Court's Refusal to Refer Tenancy Issue to Competent Authority. Jurisdictional Question of Tenancy Must Be Decided by Tenancy Court Under Maharashtra Tenancy and Agricultural Lands Act, 1948....

The petitioner, Saiyyed Wase Ahmed, challenged the order of the Civil Judge (Junior Division), Nawapur, dated 12th January 2018, which refused to refer Issue No.1 to the Tenancy Court. The respondents...

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Bombay High Court Grants Extension of Time for Trial in Criminal Appeal — Emphasizes Need for Prompt Placement of Extension Requests Before Court. The court directed the Registrar (Judicial) to examine feasibility of placing extension requests without main papers to avoid delay in passing orders....

The High Court of Judicature at Bombay, in its Criminal Appellate Jurisdiction, was dealing with Criminal Appeal No. 93 of 2019 filed by Gopal Sahebrao Yadav against the State of Maharashtra and anoth...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Leave to Sue Under Section 92 CPC for Public Trust Dispute. Section 52 of Maharashtra Public Trust Act Bars Application of Sections 92 and 93 CPC to Public Trusts....

The petitioners, members of Mahad Taluka Maratha Seva Sangh, a trust registered under the Maharashtra Public Trust Act, 1950 and the Societies Registration Act, 1860, filed a writ petition under Artic...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Fresh Material — Reopening Based on Change of Opinion Invalid. The court held that without any new tangible material, the Assessing Officer cannot reopen an assessment completed under Section 143(3) beyond four years merely on a change of opinion....

The petitioner, Alok Knit Exports Limited (formerly Niraj Realtors and Shares Pvt. Ltd.), challenged a notice dated 30 March 2019 issued under Section 148 of the Income Tax Act, 1961 for the Assessmen...

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Bombay High Court Grants Conditional Leave to Defend in Summary Suit — Emphasizes Need for Brevity in Pleadings. The court allowed the defendants to defend the suit on condition of depositing a portion of the claimed amount, while deprecating prolix pleadings....

The applicant, JSW Steel Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against M/s. Paras Das Jain and Sons and two others (partners) to recover money. The suit was f...

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Bombay High Court Allows Writ Petition Against Adjustment of Refund Without Proper Notice Under Section 245 of Income Tax Act, 1961. Adjustment of refund against alleged outstanding demand quashed for lack of prior intimation and violation of natural justice....

The petitioner, Jet Privilege Private Limited, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of certiorari to quash the adjustment of its refund for Asse...

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Bombay High Court Acquits Appellants in Human Trafficking and POCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction for Running Brothel and Exploiting Minor Set Aside as Prosecution Failed to Prove Essential Ingredients Beyond Reasonable Doubt....

The appellants, Sunita @ Neha Machhindra Chandne and Sharda Machindra Chandne, were convicted by the trial court for offences under Section 370 read with Section 34 of the Indian Penal Code (IPC), Sec...