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Bombay High Court Quashes Charity Commissioner's Order Allowing Intervention in Trust's Section 36 Application. Right to be Heard Under Maharashtra Public Trust Act, 1951 Limited to Persons with Direct Interest in Trust Property.

The petitioner, Shree Khambhati Modh Vanik Samaj, is a public charitable trust registered under the Maharashtra Public Trust Act, 1950. It owns a prop...

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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Mechanical Recital of Grounds. Detenu's Right to Make Effective Representation Violated as Relevant Material Not Considered.

The petitioner, Rupesh Laxman Gaikwad, was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers...

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Bombay High Court Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Possession and Title. Court holds that findings of fact based on evidence cannot be interfered with in second appeal under Section 100 CPC unless perverse or based on no evidence.

The case involves a property dispute between the appellants (original defendants) and respondents (original plaintiffs) over agricultural land. The pl...

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Bombay High Court Allows Second Appeal in Property Suit — Concurrent Findings Set Aside for Ignoring Compromise Decree. Plaintiff's Sale Deed Upheld as Valid Despite Prior Partition, as Compromise Decree Confirmed Shankar's Half Share and Right to Sell.

The appellant, Dagdu Rangnath Shingan, filed a second appeal challenging the concurrent findings of the trial court and first appellate court which di...

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High Court of Karnataka Allows Appeal in BDA Site Allotment Dispute — Directs Execution of Sale Deeds Within Four Weeks. Appellant's Right to Specific Performance Upheld Despite Lapse of Time as BDA Had Accepted Full Consideration and Issued Possession Certificate.

The appellant, Manjushri Kabra, filed a writ appeal against an order dated 15.01.2025 passed by a learned Single Judge in W.P.No.10696/2023. The appel...

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Bombay High Court Quashes Detention Order Under COFEPOSA Due to Unexplained Delay in Execution and Consideration of Representation. Delay of Over Five Months in Executing Detention Order and Three Months in Considering Representation Violates Article 22(5) of Constitution and Section 3(1) of COFEPOSA Act.

The petitioner, a friend of the detenu Mohd. Kunhi Kallattra, challenged a detention order dated 28.2.2002 issued by the Secretary (Preventive Detenti...

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Bombay High Court Dismisses Petition Challenging Cooperative Society Registration — Petitioner Lacks Locus Standi as Non-Member. Registration of Dayal Smruti Cooperative Housing Society under Maharashtra Cooperative Societies Act, 1960 upheld as petitioner was not a member and had no right to object.

The petitioner, Rachana Developers, a registered partnership firm, filed a writ petition under Article 226 of the Constitution of India before the Bom...