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Bombay High Court Allows Appointment of Arbitrator in Charter Party Dispute Over Detention Charges. Arbitration agreement held valid and arbitrable despite respondent's objections regarding limitation and non-signing of charter party.

The applicant, Alliance Import and Export, a partnership firm, filed two arbitration applications under Section 11 of the Arbitration and Conciliation...

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Bombay High Court Allows Transfer of Divorce Proceedings from Nashik to Jaysingpur on Grounds of Wife's Convenience and Hardship. Wife's medical condition, lack of income, and responsibility for school-going daughter considered sufficient cause for transfer under Section 24 CPC.

The applicant-wife, Mrs. Priyanka Rahul Patil, filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, seeking ...

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Bombay High Court Allows Transfer of Divorce Petition from Kalyan to Pune in Favor of Wife. Wife's Convenience and Pending Related Proceedings at Pune Outweigh Husband's Choice of Forum Under Section 24 CPC.

The applicant wife, Smt. Priyanka Patro, filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of divorce proce...

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Bombay High Court Acquits Appellant in Murder Case Due to Unreliable Dying Declarations and Lack of Corroboration. Conviction under Section 302 IPC Set Aside as Dying Declarations Contained Interpolations and Child Witness Was Tutored.

The appellant, Vijay Sahebrao Patil, was convicted by the Additional Sessions Judge, Amalner, for the murder of his wife under Section 302 IPC. The pr...

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Bombay High Court Allows Appeal in Income Tax Case — Reassessment Notice Invalid Beyond Four Years Without Allegation of Non-Disclosure. Arbitration Award Receipt Held as Capital Receipt, Not Income Under Section 147 of the Income Tax Act, 1961.

The appellant, Ramona Pinto, an individual, filed an appeal under Section 260A of the Income Tax Act, 1961, against an order dated 2nd April 2018 pass...

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Bombay High Court Allows Second Appeal in Mortgage by Conditional Sale Case — Transaction Held as Mortgage, Not Sale. Agreement to Reconvey on Repayment of Loan Within Ten Years Constituted Mortgage Under Section 58(c) of Transfer of Property Act, 1882.

The plaintiffs (respondents) filed a suit for redemption and possession of agricultural lands, claiming that the transaction dated 03.11.1973 was a mo...

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Bombay High Court Orders Refund of Rs.56 Crore Service Tax Deposit Retained Without Authority of Law. Petitioner Bank's deposit made under protest to buy peace on interchange income cannot be retained without show cause notice or adjudication order.

The petitioner, The Hongkong and Shanghai Banking Corporation Ltd., filed a writ petition under Article 226 of the Constitution challenging the retent...

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Bombay High Court Dismisses Habeas Corpus Petition by Father for Custody of Minor Child from Mother. Habeas Corpus Not Maintainable When Child in Lawful Custody of Mother; Proper Remedy Under Guardians and Wards Act, 1890.

The petitioner, Richard Alexander Geary, a UK citizen, married respondent No. 2, Aishvarya Krishnan Geary, an Indian citizen, in New York on 26 Decemb...

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Bombay High Court Dismisses Son's Petition Challenging Tribunal Order to Vacate Mother's Tenement Under Senior Citizens Act. Mother's right to reside in her own property upheld against son's claim of ownership.

The case involves a writ petition filed by Suryakant Kisan Pawar, the son of respondent No.2, Smt. Kusum Kisan Pawar, a senior citizen. The mother own...