Search Results for "residuary provision"

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Bombay High Court Allows Petition Challenging Trial Court Order on Valuation and Court Fees in Suit for Share in CIDCO Plots. The court set aside the order directing revaluation and payment of additional court fees as it was passed without any evidence or inquiry.

The petitioners, original defendants in Regular Civil Suit No.61 of 2006, challenged an order dated 5/10/2010 passed by the learned Joint Civil Judge,...

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Bombay High Court Quashes Compulsory Retirement of District Judge for Non-Application of Mind and Violation of Natural Justice. Premature Retirement Order Set Aside as Review Committee Failed to Consider Entire Service Record and Adverse Remarks Were Not Communicated.

The Petitioner, a District Judge, challenged his compulsory retirement from service on attaining the age of 55 years, by an order dated 12/07/2018. He...

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Bombay High Court Dismisses Third Party Claim in Execution Proceedings — ING Bank N.V. Fails to Prove Ownership of Attached Flat. Claim under Section 47 CPC and Order XXI Rules 58 and 64 rejected as bank did not establish that the flat was not owned by judgment debtor.

The case involves a Chamber Summons taken out by ING Bank N.V., a third party, under Section 47 read with Order XXI Rules 58 and 64 of the Code of Civ...

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Bombay High Court Dismisses Appeal by Occupier in Company Liquidation - Licence Created After Winding Up Petition is Void. Official Liquidator Entitled to Recover Possession from Trespasser Despite Deemed Tenancy Decree.

The appeal arises from an order of a Single Judge of the Bombay High Court in a company application filed by Respondent No.3 (original applicant) agai...

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Bombay High Court Dismisses Challenge to MOFA Amendments and Upholds Conveyance Order — Amendments to Maharashtra Ownership of Flats Act, 1963 by Act No.4 of 2008 are intra vires and Competent Authority's order directing conveyance is valid as promoter failed to execute conveyance within statutory period.

The petitioner, M/s. Shree Siddharth Construction, a partnership firm, challenged the constitutional validity of amendments made to the Maharashtra Ow...

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Bombay High Court Dismisses Petition Challenging Property Tax Reassessment Under Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 — Held That Notice Under Section 116(2) Is Not a Condition Precedent for Reassessment Under Section 116(1).

The petitioners, owners of a property in Baramati, challenged the reassessment of property tax by the Baramati Nagar Parishad. The property was origin...

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Bombay High Court Allows Petitioner in Octroi/LBT Levy on Meal Vouchers — Vouchers Not Goods Under Municipal Law. Meal Vouchers Issued Under Payment and Settlement Systems Act, 2007 Are Not Goods for Levy of Octroi or Local Body Tax Under Maharashtra Municipal Corporations Act, 1949.

The Bombay High Court addressed two writ petitions filed by Sodexo SVC India Private Limited challenging the levy of octroi and Local Body Tax (LBT) o...

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Bombay High Court Dismisses RTI Activist's Petition Seeking Income Tax Returns of Public Figure. Holds That Personal Information of Third Party Cannot Be Disclosed Unless Larger Public Interest Is Established Under Section 8(1)(j) of RTI Act, 2005.

The petitioner, Shailesh Gandhi, an RTI activist and former Central Information Commissioner, filed a writ petition under Article 226 of the Constitut...