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Bombay High Court Allows Appeal in Bombay Public Trust Act Suit for Declaration and Possession, Dismisses Suit as Property Not Trust Property. Earlier Suit for Injunction Dismissed for Lack of Jurisdiction Did Not Bar Subsequent Suit Under Order 2 Rule 2 CPC, and Suit Was Within Limitation.

The dispute pertained to a claim by Seth Kasturmal Dalsukh Dharmashala, a registered public trust, that certain property at Dondaicha, District Dhule,...

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Bombay High Court Examines Arbitrability of Disputes Between Developer and Non-Signatory Member of Cooperative Society Under Development Agreement. Issue Involves Permissibility of Invoking Arbitration Clause Against Dissenting Member Not Party to Agreement.

The dispute arose from the redevelopment of a cooperative society's building in Mumbai. The applicant, a developer, entered into a Development Agreeme...

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Supreme Court Allows Appeals in Resolution Plan Approval Case, Overturning High Court's Dismissal. High Court Erred in Not Exercising Inherent Powers Under Section 151 CPC to Approve Plan Beneficial to Small Debenture Holders, Leading Supreme Court to Use Article 142 Powers for Approval.

The Supreme Court of India heard appeals challenging the Bombay High Court's order dated 16 December 2022, which dismissed an interim application file...

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Bombay High Court Allows Husband's Appeal in Divorce Case Due to Procedural Irregularities. Family Court Decree Set Aside for Failure to Frame Issues and Denial of Opportunity to Lead Evidence.

The appellant-husband challenged the judgment and decree dated 24th April 2015 passed by the Family Court at Bandra, Mumbai in Petition No. A-869 of 2...

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Bombay High Court Quashes Show Cause Notice in CENVAT Credit Case Due to Violation of Natural Justice. Non-supply of documents and denial of cross-examination vitiated the notice under Article 226 of the Constitution.

The petitioner, Supermax Personal Care Pvt. Ltd., a company engaged in manufacturing excisable goods such as safety razors, blades, and shaving system...

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Bombay High Court Acquits Accused in Murder Case Due to Material Contradictions and Doubtful Identification. Conviction under Sections 302, 143, 144, 147, 148, 506 read with 149 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The case pertains to an appeal against the judgment and order dated 20 August 2005 passed by the 1st Ad-Hoc Additional Sessions Judge, Solapur, convic...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 for Lack of Reasonable Belief and Change of Opinion. Reassessment Beyond Four Years Invalid Without Allegation of Failure to Disclose Material Facts.

The petitioner, Nivi Trading Limited, a private limited company, filed its return of income for Assessment Year 2010-11 on 15th September 2010 declari...

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Bombay High Court Allows Petition Challenging Reassessment Notice Under Section 148 of Income Tax Act — Reassessment Based on Mere Change of Opinion Invalid as Full Disclosure Was Made During Original Assessment.

The petitioner, Plus Paper Food Pac Ltd., filed a writ petition challenging a notice dated 18.11.2013 issued under Section 148 of the Income Tax Act, ...