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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reinstates Conviction Under Section 138. Partial Recovery Before Cheque Issuance Does Not Rebut Presumption Under Section 139 N.I. Act When Cheque Covers Balance Due.

The appeal arises from a judgment of the Sessions Court, Amravati, which set aside the conviction of the accused under Section 138 of the Negotiable I...

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Bombay High Court Dismisses Revision by Bharat Petroleum Corporation Ltd. in Lease Eviction Case — Lease Expired by Efflux of Time, No Renewal, Tenancy Terminated Under Section 106 of Transfer of Property Act, 1882.

The case involves a civil revision application filed by Bharat Petroleum Corporation Ltd. (the applicant/original defendant) against a judgment and or...

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Bombay High Court Upholds Capital Gains Treatment for Land Sale by Estate Administrator — Assessee Not a Trader in Land. Surplus from sale of inherited land held as capital gain, not business income, under Income Tax Act, 1961.

The case involved a reference under Section 256(1) of the Income Tax Act, 1961, at the instance of the Revenue, challenging the Tribunal's decision th...

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Bombay High Court Alters Conviction from Culpable Homicide to Grievous Hurt in Fatal Quarrel Case. Appellant's conviction under Section 304(II) IPC reduced to Section 325 IPC as death occurred during sudden fight without intention to cause death, and sentence reduced to period already undergone.

The appellant, Abdul Rahim Jamluddin Ali, was convicted by the District Judge and Additional Sessions Judge, Thane, for the offence punishable under S...

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Bombay High Court Orders Possession Recovery in Trespass Suit Against Unauthorized Occupant of Tenanted Premises. Statutory Tenancy Cannot Be Bequeathed by Will; Only Heirs Entitled Under Section 5(11)(c) of Bombay Rent Act.

The plaintiff, Shaikh Jaber Abdulah J AI Sabah, owner of the suit building AlJabriya Court at Marine Drive, Mumbai, filed a suit for recovery of posse...

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Bombay High Court Allows Appeal Against Dismissal of Suit for Non-Prosecution Due to Prior Waiver of Service. The Court held that the Trial Court erred in dismissing the suit when the defendant corporation had already been directed to waive service by a prior order dated 31st March 2001.

The appellants, M/s. Ratnagiri Hotels Pvt. Ltd. and others, filed a suit (L.C. Suit No.1736 of 2001) against the Municipal Corporation of Greater Bomb...