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Supreme Court Allows Tenant's Appeal in Rent Control Jurisdiction Case — Decree Passed After Act's Applicability Is Void. Civil Court Loses Jurisdiction Once Rajasthan Rent Control Act, 2001 Applies to Area; Decree Passed Thereafter Is Void Ab Initio.

The Supreme Court allowed the appeals filed by the tenant-appellants against the judgment of the Rajasthan High Court which had dismissed their revisi...

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Bombay High Court Dismisses Petition Challenging Invalidation of OBC Caste Certificate in Zilla Parishad Election Case. Caste Claim of Momin Community Rejected Due to Lack of Documentary Evidence and Inconsistent School Records Under Maharashtra Act 23 of 2001.

The petitioner, Nahidabano Pathan, challenged the order dated 19 July 2013 of the Divisional Caste Certificate Scrutiny Committee, Aurangabad, which i...

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Bombay High Court Dismisses Stay Application in Arbitration Matter — Consent Order Not Stayed as No Prima Facie Case Made Out. Court held that a consent order passed under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be stayed unless fraud or lack of jurisdiction is shown.

The petitioner, Tata Capital Financial Services Limited, a non-banking finance company, had sanctioned an invoice discounting facility of Rs. 20,00,00...

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Bombay High Court Allows Writ Petition Challenging Property Tax Reassessment by Municipal Corporation. Reassessment of property tax under Maharashtra Municipal Corporations Act, 1949 must be based on capital value and cannot be arbitrary.

The petitioner, Jagjeevan Jaikumar Sanghai (since deceased, through legal heirs), filed a writ petition challenging the reassessment of property tax b...

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High Court of Judicature at Bombay Nagpur Bench Dismisses Second Appeal in Motor Vehicle Tax Recovery Suit Holding Civil Court Jurisdiction Impliedly Barred. Suit Against State Authorities Barred by Order 9 Rule 9 CPC and Alternate Remedy Under Bombay Motor Vehicle Taxes Act, 1958 Precludes Civil Suit.

The second appeal arose from a suit filed by M/s Pandurang & Krishnarao Co., the owner of a truck, which was sold to defendant no.4 and subsequently t...

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Bombay High Court Hears Writ Petition Challenging Taxability of Interest Received on Enhanced Motor Accident Compensation. Petitioner Claims Interest is Capital Receipt and Not Taxable; Revenue Relies on Sections 56(2)(viii) and 145A(b) of Income Tax Act, 1961.

The petitioner, a 48-year-old man rendered paraplegic and bedridden since a road accident at age 8, filed a writ petition challenging the taxability o...

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Bombay High Court Partly Allows Appeal in Lease Dispute, Reduces Mesne Profits Interest Rate. Court holds that interest on mesne profits should be at 6% per annum under Section 34 CPC, not 18% as awarded by trial court.

The appellant, Bandekar Brothers Pvt. Ltd., challenged the judgment and decree dated 16.04.2009 passed in Special Civil Suit No.62/1996 by the trial c...

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Bombay High Court Allows Writ Petition Against Municipal Corporation for Illegal Demolition of Building Without Notice. Demolition Without Prior Notice Under Section 354 of Mumbai Municipal Corporation Act, 1888 Violates Natural Justice.

The petitioners, purchasers of flats in a building known as Vishal Towers at 107, Motishaw Lane, Mazgaon, Mumbai, filed a writ petition against the Mu...

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Bombay High Court Adjudicates Petitions Challenging Mumbai Port Trust's Summary Eviction Notices Under Bye-law No.9. Petitioners Sought Declaration That Bye-law No.9 Ultra Vires Public Premises Act and Violated Natural Justice.

In a batch of writ petitions, occupants of structures at Reay Road, Mazgaon, Mumbai, challenged eviction notices issued by the Mumbai Port Trust on 06...