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High Court of Bombay Issues Rule and Hears Matter Finally in Writ Petition Challenging MSEDCL Communication. The Court Decides the Petition Under Article 226 of the Constitution with Consent of Parties After Respondents Waive Service.

The petitioners, a private limited company and its shareholder, filed a writ petition under Article 226 of the Constitution of India before the High C...

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Supreme Court Allows Appeal in Income Tax TDS Case — Liquor Vendors Are Not 'Buyers' Under Section 206C of Income Tax Act, 1961. Court holds that excise contractors acquiring arrack under state-controlled system are excluded from definition of 'buyer' under Explanation (a)(iii) of Section 206C.

The appeal arose from a dispute under Section 206C of the Income Tax Act, 1961, concerning tax collection at source on the sale of alcoholic liquor. T...

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Bombay High Court Dismisses MSEDCL's Petition Challenging Ombudsman's Order to Restore Consumer's Electricity Supply. The Court upheld the Ombudsman's jurisdiction to entertain billing disputes and direct reconnection without precondition of payment of disputed dues.

The judgment involves two writ petitions arising from the same order of the Electricity Ombudsman dated 17.10.2018. The first petition was filed by th...

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Bombay High Court Allows State Appeal in Stamp Duty Dispute — Conveyance Deed Not Exempt Under Article 5(e) of Schedule I of Bombay Stamp Act, 1958. Transfer of Development Rights (TDR) by CIDCO to Developer Held Liable to Stamp Duty as Conveyance, Not as Instrument of Lease or License.

The case involves two Letters Patent Appeals filed by the State of Maharashtra and other stamp authorities against a common judgment of a learned Sing...

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Bombay High Court Dismisses Suit for Possession Against Trespassers for Lack of Jurisdiction Under Section 9A CPC. Court holds that the suit is not maintainable as the property is wakf property and the Wakf Tribunal has exclusive jurisdiction under the Wakf Act, 1995.

The plaintiffs, Valimohamed Haji Allarakha Sonawala Wakf through its trustees and mutawallis, filed a suit in the Bombay High Court seeking a declarat...

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Bombay High Court Dismisses Landlords' Petition Challenging Small Causes Court's Power to Grant Injunction in Landlord-Tenant Dispute. Small Causes Court Has Jurisdiction Under Section 26 of Provincial Small Causes Court Act, 1887 to Grant Temporary Injunction Even When Third Party Claims Tenancy.

The case involves a writ petition filed by the landlords, Subhash s/o Stnarayan Joshi and another, challenging orders of the Small Causes Court and th...

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Bombay High Court Dismisses Revision Against Eviction Order Under Section 13A(2) of Bombay Rent Act — Licence Not Tenancy. Occupant Failed to Prove Tenancy; Landlord's Licence Claim Accepted.

The revision applicant, Vishnu Tayappa Kamble, challenged an order of the Competent Authority at Pune allowing Application No. 47 of 1996 under Sectio...

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Bombay High Court Dismisses Civil Revision Application in Trust Property Dispute — Upholds Trial Court's Refusal to Reopen Evidence. Applicant failed to demonstrate sufficient cause for recall of witness under Order 18 Rule 17 CPC, as the application was filed after a long delay and lacked bona fides.

The case involves a civil revision application filed by Sau. Sumita Pradeepkumar Dixit (original defendant No. 4) against the Gangadhar Makharia Chari...