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Bombay High Court Allows Second Appeal Due to Denial of Oral Hearing Opportunity in Civil Suit. Lower Appellate Court's Judgment Vitiated for Violation of Natural Justice Under Order 41 Rule 28 CPC.

The case involves a second appeal filed by the legal representatives of the deceased original appellant against a partnership firm, M/s. Horizon Realt...

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Bombay High Court Allows Recall of Final Homologation Order in Inventory Proceedings Due to Fraud and Lack of Notice. Court holds that an order obtained without notice to interested parties and based on fraudulent misrepresentation is a nullity and can be recalled under inherent powers.

The petitioners, Miss Reshma Sadanand Vete and Mr. Narayan Sadanand Vete, filed a writ petition under Article 226 of the Constitution of India before ...

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Bombay High Court Allows Hindustan Petroleum Corporation Ltd.'s Writ Petitions Against Property Tax Demands by NMMC. Court holds that property tax demands for petroleum storage tanks and pipelines are illegal and without authority of law under the Maharashtra Municipal Corporation Act, 1949.

The petitioner, Hindustan Petroleum Corporation Ltd., filed three writ petitions challenging property tax demands raised by the Navi Mumbai Municipal ...

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Bombay High Court Allows Petitions Challenging Cancellation of Advance Authorizations and Demand for Customs Duty in Sugar Export Cases. Non-compliance with export obligation due to government-imposed export ban constitutes force majeure, and demand for duty with interest cannot be sustained.

The judgment concerns four writ petitions filed by companies engaged in sugar trading and export, challenging the cancellation of advance authorizatio...

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Bombay High Court Quashes GST Demand Against University for Violation of Natural Justice — Failure to Grant Personal Hearing Renders Order Illegal Under Section 74(1) of CGST Act, 2017. Circulars Mandating Personal Hearing Before Adverse Order Are Binding on Adjudicating Authority.

The University of Mumbai, established under the Bombay University Act, 1953 and later governed by the Maharashtra Public Universities Act, 2016, filed...

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Bombay High Court Quashes Removal of Sarpanch in Maharashtra Village Panchayat Act Case — State Government's Appellate Order Set Aside for Non-Compliance with Natural Justice. Failure to Provide Personal Hearing and Reasoned Order Violates Section 39(3) of Maharashtra Village Panchayat Act, 1959.

The Petitioner, Mangal Mahadu Korde, was elected as Sarpanch of Wakalwadi Village Panchayat in 2021. Respondent No.5, a member of the Panchayat, lodge...

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Bombay High Court Quashes BMC Eviction Order Against Employee for Non-Compliance with Natural Justice. Writ of Certiorari Granted as Show-Cause Notice Lacked Specific Allegations and Opportunity of Hearing Was Denied.

The petitioner, Sangita Santosh Chavan, an employee of the Brihanmumbai Municipal Corporation (BMC), challenged an eviction order passed by the Assist...

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Bombay High Court Quashes Stamp Duty Demand Against Successors in Interest Due to Violation of Natural Justice. Predecessor in title not given opportunity of hearing before determination of deficit stamp duty under Maharashtra Stamp Act, 1958.

The petitioners, who are the legal heirs and successors in interest of one Abubakar Memon, filed a writ petition under Article 226 of the Constitution...