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Bombay High Court Allows Writ Petition Against Municipal Corporation for Illegal Demolition of Building Without Notice. Demolition Without Prior Notice Under Section 354 of Mumbai Municipal Corporation Act, 1888 Violates Natural Justice.

The petitioners, purchasers of flats in a building known as Vishal Towers at 107, Motishaw Lane, Mazgaon, Mumbai, filed a writ petition against the Mu...

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Bombay High Court Dismisses Appeal in Will Execution Case — Upholds Trial Court's Finding of Suspicious Circumstances. Execution of Will Not Proved as Attesting Witnesses Not Examined and Propounder Failed to Dispel Suspicious Circumstances Under Section 63 of Indian Succession Act, 1925.

The appellant, Mr. Anthony Edward D'Aguiar, filed a First Appeal before the Bombay High Court against the judgment and decree dated 30th April 2012 pa...

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Bombay High Court Grants Interim Injunction in Specific Performance Suits — Export Credit Guarantee Corporation of India Ltd. Restrains Trustees from Alienating Property. Prima Facie Case Established Based on Agreements and Possession; Balance of Convenience Favors Plaintiff.

The plaintiff, Export Credit Guarantee Corporation of India Ltd., filed two suits for specific performance of agreements for sale of commercial units ...

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Bombay High Court Allows Second Appeal in Licensor-Licensee Dispute — Civil Court Lacks Jurisdiction Under Section 26(2) of Provincial Small Causes Courts Act, 1887. The suit for possession based on temporary license is exclusively triable by Small Causes Court, not Civil Court.

The appellant (original defendant) challenged the concurrent findings of the trial court and first appellate court in a suit for possession filed by t...

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Bombay High Court Dismisses Suit for Possession Against Trespassers for Lack of Jurisdiction Under Section 9A CPC. Court holds that the suit is not maintainable as the property is wakf property and the Wakf Tribunal has exclusive jurisdiction under the Wakf Act, 1995.

The plaintiffs, Valimohamed Haji Allarakha Sonawala Wakf through its trustees and mutawallis, filed a suit in the Bombay High Court seeking a declarat...

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Bombay High Court Upholds Conviction of Three Accused for Counterfeiting Currency Notes under Sections 489B and 489C IPC. Possession and Use of Fake Currency Notes Proved Beyond Reasonable Doubt Based on Police Raid and Expert Evidence.

The case involves three appellants, Nafiz Alam Nurul Hudd Shaikh, Mohd. Sadidul Mohd. Majidali Haq, and Asamul Safaruddin Shaikh, who were convicted b...

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Bombay High Court Allows Tool Checkers' Merger with Retrospective Effect in Service Law Dispute. Central Administrative Tribunal's direction for prospective merger of cadres set aside, holding that merger must be effective from 25th June 1985.

The judgment concerns four writ petitions filed by employees of the Union of India, primarily Tool Checkers, challenging the order of the Central Admi...

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Bombay High Court Allows Landlord's Claim for Damages Against Tenant Holding Over After Termination of Tenancy. Tenant's Continued Possession After Self-Termination Constitutes Unauthorized Occupation, Entitling Landlord to Mesne Profits Under Section 108(h) of Transfer of Property Act, 1882.

The case involves a second appeal by the plaintiffs, owners of a house property at Ausa, which was let out to the Nizam Government and later handed ov...

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High Court of Karnataka Upholds Exemption for Educational Society under Section 10(23C)(iiiad) of Income Tax Act, 1961 — Society Not Required to Be Solely an Educational Institution. Income from letting out auditorium and other properties used for educational purposes qualifies for exemption.

The case involves appeals by the Revenue against the order of the Income Tax Appellate Tribunal (ITAT) granting exemption under Section 10(23C)(iiiad)...