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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act, 1961 for Lack of Fresh Material. Assessment Reopened Beyond Four Years Based on Same Facts Already Considered During Original Assessment Under Section 143(3) — Held That Change of Opinion Does Not Justify Reopening.

The petitioner, Sanand Properties Pvt. Ltd., filed a writ petition under Article 226 of the Constitution challenging a notice dated 11 January 2011 is...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Sale Deed Held as Security Not Absolute Sale. Transaction dated 25.3.1968 was without consideration and executed as security for advance, not an absolute sale.

The case involves a second appeal by the original plaintiff, Shripati Ramchandra Choudhari (since deceased, through his heirs), against the judgment a...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession.

The present second appeal arises out of a civil suit for declaration of ownership and permanent injunction filed by the original plaintiffs (now appel...

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Bombay High Court Allows Appeal in Partition Suit Due to Disputed Consent Terms. Consent Decree Set Aside as Court Failed to Verify Genuineness of Compromise Under Order XXIII Rule 3 CPC.

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court dated 28 September 2012, which made absolute a motion for recordi...

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Bombay High Court Dismisses Appeal by Financial Institution in Suit for Recovery of Money Due to Failure to Prove Loan Agreement and Liability of Promoters. Equity Participation by Appellant Did Not Create a Debtor-Creditor Relationship with Respondents.

The appellant, EDC Limited, a financial institution, filed a suit for recovery of Rs. 17,50,000/- with interest against the respondents, M/s. GKB Opht...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Partnership Dispute — No Grounds for Interference Under Section 34 of Arbitration and Conciliation Act, 1996. Arbitrator's Findings of Fact Are Final and Not Re-Examinable Under Section 34.

The petitioners, Dr. Dhiren Lalit Shah and others, filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, chall...

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Bombay High Court Dismisses Petition for Letters of Administration Due to Lack of Jurisdiction and Non-Compliance with Probate Requirements. Petitioner failed to establish that the deceased was domiciled in India and that the will was validly executed under Indian law.

The petitioner, Hameed Jaffar Ahmed Ibrahim Mandeel, filed a Miscellaneous Petition under the Testamentary and Intestate Jurisdiction of the Bombay Hi...

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High Court of Karnataka Quashes Dismissal of Final Decree Petition for Default in Partition Suit. Final decree proceedings cannot be dismissed under Order IX Rule 8 CPC as they are a continuation of the suit and must be decided on merits.

The petitioners, who were plaintiffs in a suit for partition and separate possession, obtained a preliminary decree. Subsequently, they filed a final ...