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Bombay High Court Upholds Remand to Appellate Court in Rent Control Eviction Case — Right of Appeal Not Violated. Partial Eviction Requirement Under Section 16(2) of Maharashtra Rent Control Act, 1999 Must Be Considered by Appellate Court.

The appellant, Ramesh Danchand Waswani, a tenant of premises owned by respondent Yusufbhai Mukhtar Amir Varawalla, faced eviction proceedings under th...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Disallowance of Interest Case. Tribunal's finding that assessee had sufficient interest-free funds for investments upheld, and S.A. Builders precedent on business purpose for advances to sister concerns applied.

The case involves an appeal by the Revenue under Section 260A of the Income Tax Act, 1961, against an order of the Income Tax Appellate Tribunal dated...

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Bombay High Court Allows Revision Application in NDPS Act Case — Acquittal Set Aside Due to Non-Compliance with Section 50. Failure to Inform Accused of Right to be Searched Before a Magistrate or Gazetted Officer Renders Search Illegal and Conviction Unsustainable.

The applicant, Jhamsingh s/o Kedarsingh Jamadar, was convicted by the trial court for possession of 3 kg 200 grams of ganja under the Narcotic Drugs a...

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Bombay High Court Allows Husband's Appeal in Restitution of Conjugal Rights Case — Wife's Refusal Without Reasonable Excuse. Filing of Divorce Petition by Wife Does Not Constitute Reasonable Excuse Under Section 9 of Hindu Marriage Act, 1955.

The case involves a second appeal filed by the husband (original respondent) against the judgment of the District Court, Dhule, which reversed the tri...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Upholds Finding That Suit Property Was Joint Family Property Based on Admission. Court holds that a finding of fact based on admission is not perverse unless contrary to evidence, and that the substantial question of law does not arise.

The appellants, original plaintiffs, filed a second appeal against the dismissal of their suit for partition of land Gat No.101/1A and House No.4. The...

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Bombay High Court Holds Caste Certificate Must Be from Native Place Authority in Scheduled Tribe Claim Case. Full Bench Answers Reference Affirmatively, Overruling Niraj More's View on Jurisdictional Validity of Caste Certificates.

The case arose from a reference made by a Division Bench in Rajendra Thakur v. State of Maharashtra, which disagreed with the earlier Division Bench d...

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Bombay High Court Dismisses Licensee's Writ Petition Against Eviction Decree in Leave and License Dispute — Licensee Failed to Renew Agreement Despite Licensor's Readiness, Eviction Upheld Under Presidency Small Cause Courts Act, 1882.

The petitioner, Suhas Janardan Chavan, proprietor of M/s. Suhas Hydro Systems, was a licensee of an industrial shed admeasuring 4000 sq. ft. under a l...