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Bombay High Court Dismisses Interim Application in Defamation Suit for Lack of Jurisdiction Without Clause 12 Leave. Section 19 CPC Requires Defamation Suit to Be Filed Where Defamation Occurred, Not Where Reputation Is Harmed.

The plaintiff, Sameer Gulamnabi Kazi, Chairman of Maharashtra State Board of Waqf, filed a defamation suit against defendants alleging defamatory vide...

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Bombay High Court Allows Appeal in Income Tax Derivative Loss Set-off Case. Loss from derivatives trading on recognized stock exchange held not speculative under Section 43(5)(d) of Income Tax Act, 1961, and can be set off against other business income under Section 70.

The appellant, Souvenir Developers (I) Pvt. Ltd., is a domestic company deriving income from toll collection business and also trading in shares and d...

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Bombay High Court Upholds Constitutional Validity of Sections 14 and 17 of Maharashtra Slum Act in Land Acquisition Challenge. Challenge to Acquisition Under Section 14 and Award Under Section 17 Rejected as Provisions Held Intra Vires Constitution.

The petitioners, Nenshi Monji (Bombay), a Family Trust and Others, filed a writ petition under Article 226 of the Constitution challenging the acquisi...

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Bombay High Court Dismisses Petition Challenging Validity of MRTP Act Provisions. Court holds that Sections 49(7) and 127 of Maharashtra Regional and Town Planning Act, 1966 are constitutionally valid and not ultra vires Articles 14, 19(1)(g), 21, 21A, 47 and 243(w).

The petitioners, Chalisgaon Municipal Council and a resident, filed a writ petition under Article 226 of the Constitution challenging the constitution...

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Bombay High Court Allows Habeas Corpus Petition and Quashes Detention Order Under COFEPOSA Act Due to Non-Application of Mind and Inordinate Delay. The court held that the detaining authority failed to apply its mind and the delay of over two years in executing the order vitiated the detention.

The petitioner, Naresh Dua, brother of the detenu Rajesh Dua, filed a habeas corpus petition under Article 226 of the Constitution of India challengin...