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Bombay High Court Quashes Reassessment Notices Under Section 148 of Income Tax Act, 1961 for Lack of Reason to Believe — Amount Received on Retirement from Partnership Firm Held to be Capital Receipt Not Chargeable to Tax.

The petitioners, Prashant S. Joshi and Dattaram Shridhar Bhosale, were partners in a real estate development partnership firm. They retired from the p...

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Bombay High Court Quashes Criminal Proceedings Against Directors in Food Adulteration Case — Lack of Specific Allegations of Consent or Neglect. Directors Cannot Be Vicariously Liable Under Prevention of Food Adulteration Act, 1954 Without Clear Averments of Their Role in the Offence.

The applicants, who are directors of M/s. Bunge India Private Limited, filed a criminal application under Section 482 of the Code of Criminal Procedur...

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Bombay High Court Dismisses Writ Petition Challenging Eviction Decree in Landlord-Tenant Dispute. Concurrent findings of default in payment of rent and subletting without consent upheld under Section 108 of the Transfer of Property Act, 1882 and Order 20 Rule 12 CPC.

The petitioners, Orbit Super Market Private Limited and the legal heirs of Dr. Shrikant Jichkar, challenged concurrent orders of the trial court and a...

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Bombay High Court Allows Petitions Against Municipal Corporation for Issuance of TDR Certificates. Transfer of Development Rights must be granted in accordance with Development Control Regulations and cannot be arbitrarily denied.

The petitioners in these four writ petitions are owners of lands that were acquired by the Amravati Municipal Corporation for the construction of a ro...

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Bombay High Court Quashes MHADA Order Refusing Commencement Certificate Based on Ministerial Assurance. Ministerial Assurance Cannot Override Statutory Provisions Under Maharashtra Housing and Area Development Act, 1976.

The petitioner, Rustomjee Realty Private Limited, a company incorporated under the Companies Act, 1956, filed a writ petition under Article 226 of the...

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Bombay High Court Dismisses Appeal Against Municipal Corporation's Demolition Notice for Unauthorized Construction. Court holds that IOD does not confer immunity from action for illegal construction beyond sanctioned plans under MRTP Act, 1966.

The appellant, Parvez M. Yusuf, filed a suit challenging a notice issued by the Municipal Corporation of Greater Mumbai under Section 53(1) of the Mah...

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Bombay High Court Acquits Appellant in Corruption Case Due to Lack of Sanction and Inconsistent Evidence. Conviction under Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance of bribe beyond reasonable doubt.

The appellant, Bawasingh Puransingh Khaira, was convicted by the Special Judge of Greater Bombay in Special Case No. 24/89 under the Prevention of Cor...