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Bombay High Court Allows Writ Petition Challenging Rejection of SVLDRS Declaration Due to Procedural Irregularity. Rule 6(2) proviso requiring pre-deposit of 50% of disputed tax before filing declaration under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 read down as directory, not mandatory.

The petitioner, Nabeel Construction Pvt. Ltd., engaged in construction services, was subjected to an investigation by the Directorate General of GST I...

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Bombay High Court Hears Challenge to Order Partially Allowing Review of Amendment Application in Civil Suit. Civil Court Review of Amendment Allowing Addition of Declaratory Relief in Suit for Perpetual Injunction Examined Under Section 114 and Order VI Rule 17 of Code of Civil Procedure, 1908.

The writ petition before the Bombay High Court arose from a challenge to an order dated 03.05.2023 passed by the 2nd Joint Civil Judge Junior Division...

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Bombay High Court Dismisses Application to Set Aside Consent Decree in Commercial Suit — No Fraud or Collusion Found. Consent Terms Recorded in Suit for Specific Performance of Share Purchase Agreement Were Valid and Binding, Not Vitiated by Fraud or Misrepresentation Under Order XXIII Rule 3 CPC.

The judgment arises from a Notice of Motion filed by the original defendants (applicants) in a commercial suit seeking to set aside a consent decree d...

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Supreme Court Upholds BCCI's Amenability to Writ Jurisdiction and Applies Public Law Principles to Direct Structural Reforms. Lodha Committee Recommendations for Amending BCCI's Memorandum of Association and Rules to Prevent Conflict of Interest and Ensure Transparency Considered.

The Supreme Court of India, in a sequel to its earlier order dated 22 January 2015 in BCCI v. Cricket Association of Bihar, considered the report and ...

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Bombay High Court Dismisses Husband's Challenge to Amendment in Restitution of Conjugal Rights Petition. Amendment Seeking to Add Grounds of Cruelty Based on Extra-Marital Relationship Held Permissible as It Does Not Introduce New Cause of Action Under Order 6 Rule 17 CPC.

The petitioner, Ariz Kohli, and the respondent, Tehzeeb Kohli, were married on 20 January 2002 under Muslim rites and have a son born on 1 August 2004...

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Supreme Court Interprets Scope of 'Child' under POCSO Act in Appeal Concerning Mentally Challenged Victim. Mental Age of Adult with Cerebral Palsy Considered for Applicability of Special Procedures under Protection of Children from Sexual Offences Act, 2012.

The case concerned a criminal appeal by the prosecutrix, a 38-year-old woman suffering from cerebral palsy (R. Hemiparesis), through her mother. An FI...

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Bombay High Court Allows Condonation of Delay in Filing Income Tax Return for Refund Claim. CBDT's Rejection of Condonation Application Set Aside as Reasons for Delay Were Genuine and Not Habitual.

The petitioner, Artist Tree Pvt. Ltd., engaged in dealing in artifacts and finances, filed a return of income for Assessment Year 1997-1998 on 14 Sept...

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Bombay High Court Allows Revision Petition Against Rejection of Section 264 Application for FBT Refund. Intimation under Section 143(1) of the Income Tax Act, 1961 is an assessment order for the purpose of revision under Section 264.

The petitioner, Hindalco Industries Limited, filed a writ petition challenging an order dated 6 March 2019 passed by the Principal Chief Commissioner ...