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Bombay High Court Allows Revenue Appeal in Income Tax Case — Payment to Retiring Partners Held Capital Expenditure. Amount of Rs.1,34,678 paid to retiring partners under Memorandum of Understanding is capital expenditure not deductible as revenue expenditure.

The case involves an appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal. The assessee, Mandovi Hotel Pvt....

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Bombay High Court Allows Petition Challenging Stamp Duty Demand on Collateral Security Bond. Security-cum-Mortgage Bond executed as collateral security for loan is chargeable under Article 40(c) of Schedule I of Bombay Stamp Act, 1958, not as mortgage deed.

The petitioner, M/s. Jaika Automobiles Private Limited, a private limited company, filed a writ petition under Articles 226 and 227 of the Constitutio...

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Bombay High Court Allows Specific Performance Appeal Despite Unproven Part Payment. Failure to Prove Payment of Rs.300 Does Not Justify Refusal of Specific Performance When Plaintiff Shows Readiness and Willingness.

The appellant-plaintiff filed a suit for specific performance of an agreement for sale dated 6th June 1974, whereby the respondent-defendant agreed to...

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Bombay High Court Dismisses Appeal in Property Dispute, Upholds Trial Court's Refusal to Vacate Injunction. Court holds that a tenant cannot be dispossessed without due process of law and that the trial court's order refusing to vacate ad-interim injunction was not perverse.

The appeal arose from a judgment and order dated 24th June 2004 passed by the learned trial Judge on Applications at Exh.5 and Exh.36 in Special Civil...

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Bombay High Court Allows Tenant's Petition in Eviction Suit Over Rent Default — Notice of Demand Not Proved. Education Cess Not Payable Monthly Under Maharashtra Education (Cess) Act, 1962, Hence Section 12(3)(a) of Bombay Rents, Hotel and Lodging Rates (Control) Act, 1947 Not Attracted.

The case involves a landlord's suit for eviction of tenants from two rooms in Mumbai on the ground of default in payment of rent. The landlord issued ...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of the Negotiable Instruments Act, 1881 stands unless rebutted by accused; failure to prove legally enforceable debt not established.

This is an appeal by the complainant against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881. The complainant, ...

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Bombay High Court Allows Writ Petition, Restores Eviction Decree in Sub-Lease Dispute for Breach of Covenant. Failure to pay municipal taxes and insurance premium constituted breach of condition under Section 111(g) of Transfer of Property Act, 1882, justifying forfeiture and eviction.

The petitioner, as lessor, had granted a sub-lease of land and buildings to the first respondent for 98 years. The sub-lease deed contained covenants ...