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Bombay High Court Quashes Impounding Order in Stamp Duty Dispute — License Agreement for Telecom Infrastructure Not a 'Lease' Under Bombay Stamp Act. Agreement for installation of cellular mobile towers on rooftops held to be a license, not a lease, thus not liable to stamp duty as a lease.

The petitioners, Bharti Telventures Limited and Sunil Bharti Mittal, were licensees under Section 4 of the Indian Telegraph Act, 1885, to set up and o...

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Bombay High Court Dismisses Non-Tribal Purchaser's Challenge to Land Confiscation Under Maharashtra Land Revenue Code. Transfer of tribal land without prior sanction is void, and subsequent purchaser acquires no title, upholding forfeiture for distribution to tribals.

The petitioner, Smt. Urmila Ahuja, a non-tribal, purchased land measuring 6.90 acres in Village Khapri, Tahsil Kalmeshwar, District Nagpur, on 10.12.1...

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High Court of Karnataka Grants Default Bail to Accused in NDPS Case Despite Cognizance. Right to Default Bail Under Section 167(2) Cr.P.C. is Indefeasible and Not Extinguished by Filing of Charge Sheet or Taking of Cognizance Under Section 36A NDPS Act.

The petitioner, Shivaraj Urs, accused No.2 in Special CC No.1197/2019 pending before the Special Judge for NDPS cases, Bengaluru, filed a criminal pet...

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Bombay High Court Dismisses Writ Petition Challenging Mutation Entry in Land Revenue Records — Dispute Over Title Cannot Be Decided in Revenue Proceedings Under Maharashtra Land Revenue Code, 1966.

The petitioners, ten individuals claiming to be the legal heirs of one Ganpat Surpame, filed a writ petition under Article 226 of the Constitution of ...

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High Court of Bombay Allows Appeal in Civil Suit Remand Case — Remand Order Set Aside as Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23A CPC. The appellate court cannot remand a suit for retrial when the trial court has already decided it on merits without any procedural irregularity.

The appeal arises from a judgment and order dated 22 March 2022 passed by the District Judge, Raigad, setting aside the judgment and decree dated 22 A...

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Bombay High Court Allows Writ Petition Challenging Condition No. 5 of NOCs for Redevelopment Projects — Condition Imposing Payment of Expenditure Incurred by Board Held Unauthorized and Without Legal Basis. Court directs refund of amounts paid under protest pursuant to the impugned condition.

The Petitioner, Chandulal Jorawarmal Mehta, a sole proprietor of Mehta Developers, filed a Writ Petition under Article 226 of the Constitution of Indi...

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High Court of Karnataka Considers Quashing of Cheque Dishonour Complaint for Procedural Irregularities. Taking Cognizance After Recording Sworn Statement and Validity of Power of Attorney Holder's Complaint Examined Under Section 138 of Negotiable Instruments Act, 1881.

The High Court of Karnataka heard writ petitions under Articles 226 and 227 of the Constitution of India, seeking quashing of criminal proceedings in ...

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Bombay High Court Allows Second Appeal in Fragmentation Act Case — Preferential Right of Contiguous Land Owner Upheld. Sale of Fragmented Land to Non-Contiguous Purchaser Violates Section 7 of Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947.

The appellant, Vilas Shivmurti Munde, filed a second appeal against the dismissal of his suit for declaration and injunction. The suit sought to decla...