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Bombay High Court Quashes Summons in Cheque Dishonour Cases for Lack of Territorial Jurisdiction. Magistrate at Mumbai had no jurisdiction as no part of cause of action arose within its territorial limits under Section 138 of Negotiable Instruments Act, 1881.

The Bombay High Court considered a group of applications under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of process issued...

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Bombay High Court Grants Injunction Against Trade Mark Infringement and Passing Off in Pharmaceutical Product 'ONCO BCG' - Defendant's Mark 'BCG ONCO' Held Deceptively Similar Despite Common Descriptive Element 'BCG'.

The plaintiff, Serum Institute of India Limited, a pharmaceutical company, filed a suit for trade mark infringement and passing off against Green Sign...

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Bombay High Court Quashes Reopening of Assessment Under Section 148 of Income Tax Act, 1961 for Non-Resident Company — Lack of Reasonable Belief of Income Escaping Assessment. Reassessment Based on Mere Change of Opinion is Impermissible; Notice and Order Rejecting Objections Set Aside.

The petitioner, Indivest Pte Ltd, a company incorporated in Singapore and wholly owned by the Government of Singapore, filed a writ petition challengi...

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Bombay High Court Upholds Specific Performance of Development Agreement in Favor of Purchasers. Agreement for Development Treated as Agreement for Sale Under Specific Relief Act, 1963 as Essential Terms Constitute Sale of Immovable Property.

The appellants, original defendants, were the owners of a property in Pune. They executed a development agreement dated 18th October 2007 in favor of ...

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Bombay High Court Dismisses Petitions Challenging Mutation Entries in Revenue Records — Petitioners Failed to Exhaust Alternative Remedy Under Section 9 of the Maharashtra Land Revenue Code, 1966.

The Bombay High Court at Nagpur disposed of five writ petitions filed by Rajendra Shivsing Chanda, Kamlabai Subhash Gaikwad, Sukhdev Bandu Sonune, Gok...

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Bombay High Court Dismisses Petitions Challenging Demolition of Dilapidated Building Under MHADA and MCGM Regulations — Held That Occupiers Have No Right to Insist on Repair When Building is Unsafe.

The case involves two writ petitions filed by Grace Estate Development Venture and by residents of Ashish Building No. 21 CHS Ltd challenging the demo...

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Bombay High Court Quashes Order for Pre-Deposit of 20% Cheque Amount in NI Act Case — Section 143A Not Retrospective. Section 143A of Negotiable Instruments Act, 1881, inserted by Amendment Act of 2018, is prospective and does not apply to complaints filed before its commencement.

The petitioner, Ashok Ratanlal Khatod, challenged an order passed by the Judicial Magistrate First Class, Wani, in Summary Criminal Case No. 1818/2018...