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Supreme Court Dismisses Suit Seeking Declaration of Trust Over Wrestling Ground; Dedication for Promotion of Wrestling Not a Valid Charitable Trust Under Hindu Law. Dominant Purpose of Trust Was to Encourage Wrestling, Not a Religious or Charitable Purpose Recognized Under Hindu Law.

The dispute concerned a groveland in Kanpur with an Akhara (wrestling ground) and structures, which were dedicated by Mani Ram, a wrestler, for the pr...

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Bombay High Court Pronounced Judgment in Writ Petition No.6998 of 2021 Addressing Consent Requirements Under MOFA for Construction on Amalgamated Land. The Court Framed Issues on Informed Consent Under Section 4 and Applicability of Section 7A of the Maharashtra Ownership of Flats Act, 1963.

Background: The case involves a dispute over construction of an additional building 'E' in the 'Eves Garden' housing scheme at Mundhawa, Pune. The pet...

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Supreme Court Allows Assessee's Appeal in Income Tax Dispute Over Non-Compete Fee Taxability. Amount Received Under Deed of Covenant Held as Capital Receipt Not Taxable Under Section 28(ii)(a) of Income Tax Act, 1961, Due to Separate Genuine Transaction and Procedural Error in High Court's Judgment.

The appeal concerned the assessment year 1995-96 involving Shri Shiv Raj Gupta, Chairman and Managing Director of Central Distillery and Breweries Ltd...

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Bombay High Court Dismisses Petition Challenging Issuance of Witness Summons Under Order XVI Rule 1(3) CPC. Procedural Non-Compliance Does Not Bar Court's Discretion to Summon Witnesses in the Interest of Justice.

The petitioner, Dinesh Singh Bhim Singh, the defendant in a civil suit, challenged an order dated 26 August 2022 passed by the Civil Judge Senior Divi...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reinstates Conviction Under Section 138. Partial Recovery Before Cheque Issuance Does Not Rebut Presumption Under Section 139 N.I. Act When Cheque Covers Balance Due.

The appeal arises from a judgment of the Sessions Court, Amravati, which set aside the conviction of the accused under Section 138 of the Negotiable I...

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Bombay High Court Grants Unconditional Leave to Defend in Commercial Summary Suit for Recovery of Rs.1 Crore Based on Negotiable Instrument. Triable Issues Raised Regarding Consideration and Liability of Defendants Under Order XXXVII CPC.

The plaintiff, Parag Jyotindra Gandhi, filed a commercial summary suit against the defendants, Jayant Narendra Mehta and Others, to recover a sum of R...