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Bombay High Court Dismisses State's Appeal Against Discharge of Accused in MCOCA Case Due to Invalid Sanction. Sanction Under Section 23(2) MCOCA Found to Be Without Application of Mind, Leading to Discharge of All Accused.

The State of Maharashtra appealed against an order dated 8th August 2014 passed by the Special Judge under the Maharashtra Control of Organised Crime ...

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Bombay High Court Allows Development Permission Despite Pending Criminal Case Against Different Property Developer. The court held that a criminal case concerning a different property cannot be a valid ground to refuse development permission for a separate land under a valid development agreement.

The petitioners, M/s. Gurudaya Builders, filed a writ petition challenging the refusal of the Municipal Corporation (Respondent No. 3) to grant develo...

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Bombay High Court Dismisses Tenant's Petition in Eviction Case Under Bombay Rent Act for Encroachment and Change of User. Concurrent findings of fact on grounds under Section 13(1)(c) and Section 13(1)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1974 upheld.

The petitioner, Laxmibai Ganpati Bhingare, was the tenant of an open plot admeasuring 30 sq.ft x 20 sq.ft in Sangli, owned by the respondent, Shivaji ...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Unreliable Witness Testimony and Lack of Homicidal Death Proof. Acquittal of Son, Wife, and Relatives for Murder of Deceased Trimbak Rasal Upheld as Prosecution Failed to Establish Guilt Beyond Reasonable Doubt.

The State of Maharashtra filed an appeal against the judgment dated 21.7.2001 passed by the II Additional Sessions Judge, Osmanabad in Sessions Case N...

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Bombay High Court Dismisses Revenue Appeals in Service Tax on Maintenance Charges — Management, Maintenance or Repair Service Not Attracted. Amounts collected as maintenance charges for upkeep of apartment premises are not subject to service tax under the Finance Act, 1994.

The judgment involves three appeals filed by the Commissioner of Service Tax/Central Excise against orders of the Customs, Excise & Service Tax Appell...

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Bombay High Court Allows Accused's Applications for Recall of Prosecution Witnesses and Summoning of Defence Witnesses in Sessions Trial. Trial Court's Rejection Set Aside for Just Decision Under Sections 311, 233, 243, 309 of Code of Criminal Procedure, 1973.

The applicants, Rajdeep and Sandeep Gedam, were accused in Sessions Trial No.198/2011 pending before the Additional Sessions Judge-9, Nagpur. They fil...

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Bombay High Court Dismisses Port Trust's Challenge to Arbitrator's Jurisdiction Ruling in Concession Agreement Dispute. Arbitration Clause Not Binding on Consortium Members as They Were Not Signatories to the Concession Agreement.

The petitioner, the Board of Trustees of the Jawaharlal Nehru Port Trust, a major port constituted under the Major Port Trusts Act, 1963, issued a glo...

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Bombay High Court Dismisses MSEDCL's Application to Declare Arbitral Award Satisfied as Vexatious and Dilatory. Unilateral Deposit of Disputed Amount Without Decree-Holder's Consent Does Not Discharge Judgment-Debtor Under Section 31 CPC.

The case involves a Chamber Summons filed by Maharashtra State Electricity Distribution Company Limited (MSEDCL), the unsuccessful respondent in an ar...