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Claim Repudiation — Non-Disclosure of Material Facts — Substantial Disclosure — Prudent Insurer Test — Reinstatement of Insurance Benefits with Interest

The Supreme Court held that the non-disclosure of additional policies did not amount to material suppression because the disclosed policy itself had a...

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Bombay High Court Quashed Termination Notice Due to Unfair and Arbitrary Action

Contract Law – Judicial Review – Public Law Element – Principles of Fairness and Reasonableness – Article 14 of the Constitution of India The...

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Acquittal in Murder Case Based on Incomplete Circumstantial Evidence. Supreme Court Overturns Conviction Due to Broken Chain of Circumstantial Evidence and Lack of Motive

The Supreme Court allowed the appeal and acquitted the appellant of all charges. The Court held that the prosecution failed to establish a complete ...

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Supreme Court Reinstates Conviction in Wife’s Murder Case, Overturns High Court’s Acquittal. Tagline Child Witness’s Testimony Deemed Reliable; Circumstantial Evidence and Accused’s Silence Under Section 106 of Evidence Act Seal Conviction

Child Witness : Competency, Tutoring, Corroboration-The Supreme Court held that the testimony of a child witness is admissible if the child is c...

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Bombay High Court Dismissed Writ Petition Challenging Unilateral Deemed Conveyance Order Passed Under Section 11 of the Maharashtra Ownership Flats Act, 1963.

Deemed Conveyance – Competent Authority’s Quasi-Judicial Jurisdiction – Civil Suit for Title and Ownership Disputes – No Interference Under Ar...

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High Court of Judicature at Bombay Declared Reservation on Petitioners’ Property Lapsed — Directed State to Publish Notification Under Maharashtra Regional and Town Planning Act, 1966

Writ Petition Seeking Declaration of Lapsed Reservation — Non-Acquisition of Land Within Stipulated Time — Relief Under Section 127 of the Maharas...

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Bombay High Court Directs Refund of Excess Tax Adjustment and Expedites Disposal of Pending Appeal. Unjustified Delay in Adjudicating Stay Application and Appeal Held Prejudicial to Taxpayer’s Rights

The court deprecated delay of over six years in deciding stay application and appeal.  Held that excess recovery was unjustified and directed refund ...

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Jurisdictional Overreach by ITAT – Income Classification Dispute – Real Income Theory – Remand for Limited Adjudication

ITAT’s Jurisdiction Under Section 254(2) of the Income Tax Act, 1961 – Set Aside for Exceeding Mandate – Remanded for Limited Adjudication The ...