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Bombay High Court Upholds Maintainability of Civil Suit Challenging MRTP Act Notice — Preliminary Issue Under Section 9A CPC Decided in Favor of Plaintiff. Court holds that bar under Section 149 of MRTP Act does not apply to notices under Section 53(1) of the Act.

The petitioner, Prathamesh Tower Cooperative Housing Society Limited, challenged an order passed by the trial court on a preliminary issue under Secti...

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Bombay High Court Dismisses Revenue's Challenge to Settlement Commission Order in Bogus Purchases Case — No Jurisdictional Error Found. Settlement Commission's Discretion to Accept Additional Income Disclosure Under Section 245D of Income Tax Act, 1961 Upheld as Not Perverse or Unreasonable.

The Revenue (Commissioner of Income Tax, Pune) filed a writ petition under Article 226 of the Constitution challenging an order dated 21 September 201...

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Bombay High Court Dismisses Petition Challenging Demolition of Sheds by Municipal Corporation. Petitioner Failed to Produce Authorization Under Section 351 of Mumbai Municipal Corporation Act, 1888, Hence Demolition Upheld.

The petitioner, M/s Sub Vijay International Pvt Ltd, owned property bearing CTS No. 11A in Aksa, Borivali, Mumbai. On 13th April 1999, the Deputy Cont...

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Bombay High Court at Goa Allows State Appeal Against Acquittal in Theft and Public Property Damage Case — Defective Investigation Cannot Be Sole Ground for Acquittal. Trial Court Must Appreciate Evidence Dehors Investigation Defects to Determine if Case is Made Out Against Accused.

The State of Goa appealed against the acquittal of Dadasaheb Rane, a market inspector of Bicholim Municipal Council (BMC), who was charged with theft ...

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Bombay High Court Dismisses Management's Petition in School Termination Case — Termination Without Prior Approval Under Section 5 of M.E.P.S. Act Void. Reinstatement with Continuity Upheld, Back Wages Denied as Employee Did Not Work.

The case involves a challenge by the management of a private school (Shamin Azad Education Society and others) against the judgment of the School Trib...

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Bombay High Court Dismisses Appeal by Videocon Industries Against Winding Up Order for Non-Payment of Guarantee Debt to Italian Bank. Patronage Letter Held to Be a Guarantee Under Indian Contract Act, 1872, and Claim Not Time-Barred.

The case involves an appeal by Videocon Industries Limited against an order of the Company Judge directing payment of Rs.259.73 crores to Intesa Sanpa...

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Bombay High Court Allows Petition Challenging Cancellation of Compassionate Appointment as Extension Officer. State Government's Communication Quashed as Zilla Parishad Had Authority to Appoint and Petitioner Worked for Eight Years Without Objection.

The petitioner, Shri Dattatraya Sukdeo Chitte, filed a writ petition before the Bombay High Court challenging a communication dated 24th August 2005 i...

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Bombay High Court Dismisses Appeal by Bank in Possession Suit, Upholds Trial Court's Decree for Possession and Mesne Profits. Counterclaim for Specific Performance of Sale Contract Dismissed as Unenforceable Due to Lack of Registered Agreement and Failure to Prove Readiness and Willingness.

The case involves a dispute over immovable property, Municipal House No.9 at Ahmedpur, consisting of a godown, three rooms, and open space on a plot o...