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Bombay High Court Dismisses Tenants' Petition Against Dismissal of Application to Set Aside Decree in Eviction Suit. Decree Passed Not Ex-Parte but Under Order XVII Rule 2 CPC, as Defendants Had Appeared Earlier and Failed to Appear at Subsequent Hearings Without Sufficient Cause.

The dispute arose from an eviction suit filed by Kshtriya Dnyati Sabha, a registered public trust under the Bombay Public Trust Act, 1950, against the...

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Bombay High Court Dismisses Petitions Challenging Sanction of Revised Development Plan Under MRTP Act. Delay in Notification Under Section 31(4) Held Directory, Not Invalidating Sanction.

The case involves two writ petitions challenging the sanction of a Revised Development Plan for Karad Municipal Council under the Maharashtra Regional...

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Bombay High Court Allows Second Appeal in Partition Suit — Declares Adopted Son's Alienations Not Binding on Widow's Share. Hindu Succession Act, 1956 Sections 14 and 6 applied to protect widow's pre-existing right of maintenance and partition.

The case involves a second appeal by the legal heirs of the original plaintiff, Housabai, against the judgment and decree of the 3rd Additional Distri...

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WRIT PETITION NO. 73 OF 2015

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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...

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Karnataka High Court Quashes Penal Back Billing Order in Electricity Theft Case — No Evidence of Tampering or Pilferage. Mere Fluctuation in Load Factor Does Not Attract Penal Provisions Under Clause 42.05 of Conditions of Supply of Electricity.

The petitioner, M/s Eureka Forbes Limited, a public limited company, owned a composite premises in Bommasandra Industrial Area, Bengaluru. In 2007, it...

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Bombay High Court Holds Amendment to Section 26 of Bombay Civil Courts Act Prospective, Not Applicable to Pending Appeals. Amendment increasing pecuniary jurisdiction of District Court from Rs.1 lakh to Rs.5 lakh does not apply to appeals already filed before the amendment came into force.

The Bombay High Court considered a reference arising from a learned Single Judge's order dated 4 March 2011, which formulated two questions regarding ...