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Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal. Complainant Established Ingredients Under Section 138 of Negotiable Instruments Act, 1881; Accused Failed to Discharge Reverse Burden Under Section 139.

The appellant, Suresh Nakra, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) against the respondent, Murugesan Ad...

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Bombay High Court Allows Revision Petition Under Section 13A(2) of Bombay Rent Act — Landlord's Application for Possession on Ground of Bona Fide Requirement Restored. Competent Authority's Findings Held Perverse; No Notice Under Section 12 Required as Premises Not Let for Residence.

The petitioner, Smt. Ratnabai Krishna Chorge, filed an application under Section 13A(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act...

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Bombay High Court Allows Wife's Appeal for Return of Stridhan Under Section 27 of Hindu Marriage Act, 1955 — Husband Liable for Ornaments and Articles. The court held that the husband is presumed to be in possession of the wife's stridhan and must return it unless he proves otherwise.

The appellant wife, Sangeeta B. Kadam, filed a Family Court Appeal challenging the judgment and order dated 11th June 2001 passed by the Family Court ...

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Bombay High Court Remands Town Planning Appeal to Minister for Fresh Hearing Due to Violation of Natural Justice. Municipal Corporation Not Heard Before Order Under Section 47 of Maharashtra Regional and Town Planning Act, 1966.

The Municipal Corporation of Thane filed a writ petition seeking to quash an order dated 2.9.1992/25.9.1992 passed by the Minister (Urban Development)...

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Bombay High Court Quashes Prosecution in Food Adulteration Case Due to Denial of Right to Second Report from Central Food Laboratory. Right under Section 13(2) of Prevention of Food Adulteration Act, 1954 frustrated by Food Inspectors' failure to preserve samples properly.

The judgment pertains to two criminal miscellaneous applications filed under Section 482 of the Code of Criminal Procedure, 1973, by the applicants (R...

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Bombay High Court Dismisses Petition Challenging Rejection of TDS Refund Under Section 264 of Income Tax Act, 1961. Assessee Failed to Establish That Payments to Foreign Collaborator Were Not Royalty Under Section 9(1)(vi) Read with DTAA.

The petitioners, M/s BASF (India) Limited and Mr. P.A. Ramasamy, filed a writ petition challenging the order dated 28th February 2001 passed by the Co...

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LETTER PATENT APPEAL NO. 449 OF 2004

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Bombay High Court Dismisses Appeals Against Arbitral Award in Partnership Dispute — Upholds Valuation Based on Book Value as Per Partnership Deed. Clause-11 of Partnership Deed Mandates Asset Valuation on Book Value Basis, Not Market Value, Under Section 48 of Indian Partnership Act, 1932.

The case involves two appeals filed by Dr. Vijaypat Singhania and others (Appeal No. 361 of 2010) and Dr. Gaur Hari Singhania and others (Appeal No. 5...