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Gujarat High Court Quashes Appointment of Court Commissioner in Partition Suit for Lack of Notice to Defendant. Appointment of Commissioner under Order 26 Rule 9 CPC for collecting evidence of possession is impermissible without hearing the affected party.

The petitioner, Hemantkumar Chandrakant Gaywala, original defendant No.4, filed a Special Civil Application under Article 227 of the Constitution of I...

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Bombay High Court Upholds Cooperative Court's Order Terminating Lease for Violation of Bye-laws in Cooperative Housing Society Dispute. Leasehold rights terminated due to unauthorized construction and sub-letting without society's consent; purchasers' rights held subject to society's bye-laws.

The dispute pertains to leasehold rights over a plot in Vithalnagar Co-operative Housing Society Ltd. The society granted a lease of the plot to membe...

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Bombay High Court Dismisses Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Interfered With. Letters Patent Appeal against decree for possession and mesne profits dismissed as no substantial question of law or perversity found in concurrent findings of fact.

The present Letters Patent Appeal arises from a judgment and decree passed by a Single Judge of the Bombay High Court in First Appeal No. 133/1976, wh...

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Bombay High Court Allows Arbitration Petition Challenging Arbitral Award on Grounds of Patent Illegality and Public Policy. Court sets aside award for ignoring contractual terms and failing to consider counterclaims.

The judgment concerns two arbitration petitions arising out of the same arbitral award. The petitioners (original respondents) challenged the award un...

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High Court of Bombay at Goa Dismisses Appeal in Land Acquisition Case — No Enhancement of Compensation for Acquired Land. Appellants failed to prove entitlement to enhanced market value of Rs.2500 per sq. metre under Section 18 of the Land Acquisition Act, 1894.

The appellants, owners of land acquired for road construction in Margao, Goa, challenged the compensation awarded by the Land Acquisition Officer at R...

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Bombay High Court Quashes Reassessment Notice Under Section 148 Income Tax Act for Lack of Fresh Material. Provision for Diminution in Value of Assets Already Disclosed and Considered in Original Assessment Cannot Form Basis for Reopening After Four Years.

The petitioner, IOT Infrastructure & Energy Services Ltd., challenged a notice under Section 148 of the Income Tax Act, 1961, seeking to reopen its as...