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Parsi Chief Matrimonial Court Holds That Evidence in Parsi Divorce Suits May Be Recorded Before a Commissioner Under CPC Order 18 Rule 4(2) — Section 46 of Parsi Marriage & Divorce Act, 1936 Does Not Mandate In-Court Recording with Delegates.

The case involved a suit filed under the Parsi Marriage & Divorce Act, 1936, by Rohinton Panthaky against Armin R. Panthaky. During the proceedings, a...

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Bombay High Court Dismisses Petition Challenging DRAT Order Setting Aside DRT's Reference to Arbitration in Bank Recovery Suit. Arbitration Clause Does Not Oust Jurisdiction of DRT Under Section 19 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

The petitioner, Harvestdeal Securities Ltd., challenged an order of the Debt Recovery Appellate Tribunal (DRAT) dated 19 February 2015, which set asid...

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Bombay High Court Upholds Jurisdiction of Civil Court in Possession Dispute Involving Family Members. Section 33 of Maharashtra Rent Control Act, 1999 Held Not to Bar Suit as Tenancy Question Not Directly Arising.

The appeal before the Division Bench of the Bombay High Court arose from an order of a learned Single Judge deciding a preliminary issue of jurisdicti...

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Bombay High Court Allows Unconditional Stay of Tax Demand for Statutory Authority in Income Tax Exemption Case — Strong Prima Facie Case Based on Consistent Appellate History. Section 220(6) of Income Tax Act, 1961 invoked to stay demand of Rs.961.92 Crores pending appeal before CIT(A).

The Petitioner, Mumbai Metropolitan Region Development Authority (MMRDA), a statutory authority established under the Mumbai Metropolitan Region Devel...

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Bombay High Court at Goa Dismisses Application for Cancellation of Anticipatory Bail and Declines Inquiry Against Sessions Judge for Delay. Court Lays Down Guidelines for Expeditious Disposal of Anticipatory Bail Applications Under Section 438 CrPC.

The applicant, Kashinath Jairam Shetye, filed a criminal application before the Bombay High Court at Goa seeking cancellation of anticipatory bail gra...

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Bombay High Court Acquits Three Accused in NDPS Case Due to Non-Compliance with Mandatory Search and Seizure Provisions. Failure to Join Independent Witnesses and Non-Observance of Section 50 of NDPS Act Renders Conviction Unsustainable.

The appellants, Sau. Mankarna, Sau. Panchafula, and Udaybhan, were convicted by the Additional Sessions Judge, Wardha, under Section 20(B)(2)(c) of th...

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Bombay High Court Quashes Provisional Attachment and Stay Rejection in Income Tax Case — Violation of Natural Justice and CBDT Circular. Petitioner's Bank Accounts Attached Without Prior Hearing; Court Directs Restoration of Status Quo Pending Appeal.

The petitioner, Milestone Real Estate Fund, a real estate fund, challenged the provisional attachment of its assets under Section 281B of the Income T...