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Bombay High Court Dismisses Petitioners' Challenge to Charity Commissioner's Scheme in Trust Dispute. Court upholds exclusive jurisdiction of Charity Commissioner under Section 50 of Maharashtra Public Trusts Act, 1950 to frame scheme for public trust.

The petitioners, who were trustees of a trust, filed writ petitions challenging the order of the Joint Charity Commissioner framing a scheme for the m...

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Bombay High Court Dismisses Appeal Against Appointment of Receiver in Suit for Specific Performance — Appellant's Alienation of Property During Pendency of Suit Held Contumacious. Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882 Applied to Protect Plaintiffs' Rights.

The appeal arose from an order appointing a Receiver over a property in a suit for specific performance and permanent injunction. The plaintiffs (resp...

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Bombay High Court Allows Revenue's Appeal in Part in TDS Dispute Regarding Payments to Doctors by Hospital. Payments to doctors with fixed plus variable pay under written contracts treated as salary subject to TDS under Section 192 of Income Tax Act, 1961.

The case involves an appeal by the Revenue under Section 260A of the Income Tax Act, 1961, against an order of the Income Tax Appellate Tribunal, Pune...

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Karnataka High Court Refers Questions on Applicability of Payment of Gratuity Act to Temples to Full Bench. Division Bench Finds Arguable Questions Whether Temple is 'Commercial Establishment' Under Karnataka Shops Act and Whether Prior Precedent on Temple Employee's Gratuity is Correct.

The dispute arose when a former employee of Shri Mookambika Temple, Kollur, claimed gratuity under the Payment of Gratuity Act, 1972 after his superan...

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Bombay High Court Quashes FIR Against Accused in Cheating Case Due to Civil Nature of Dispute. Loan Default by Cooperative Bank Borrower Does Not Attract Criminal Offences Under Sections 406, 420 IPC When Transaction is Commercial and No Deception at Inception.

The petitioner, Niranjan s/o Shripatrao Jadhav, was named as accused No.1 in Crime No.I-47/11 registered on 4.5.2011 with Bidkin Police Station, Distr...

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Bombay High Court Allows Pre-Arrest Bail to Appellant in SC/ST Act Case Due to Lack of Prima Facie Intent to Humiliate. Allegations of Caste-Based Insults Under Sections 3(1)(r) and 3(1)(s) of SC & ST (Prevention of Atrocities) Act, 1989 Found to Be an Afterthought in a Property Dispute.

The appellant, Kadubal Govind Gore, filed a criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrociti...

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Bombay High Court Allows Pre-Arrest Bail to Accused in SC/ST Atrocities Case Due to Lack of Prima Facie Intent to Humiliate. Caste-Based Insult Allegation Found to Be an Afterthought in a Property Dispute Under Section 3(1)(r)(s) of SC & ST (Prevention of Atrocities) Act, 1989.

The appellant, Kadubal Govind Gore, filed a criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrociti...

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PUBLIC INTEREST LITIGATION NO.66 OF 2003

The public interest litigation was filed by a journalist challenging the decision of the State of Maharashtra under Section 37 of the Maharashtra Regi...

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Madras High Court Sets Aside Waqf Tribunal Order for Lack of Reasoned Decision and Remands for Fresh Enquiry Under Section 40. Non-speaking resolution by Waqf Board without proper enquiry into whether properties were private or public waqf necessitated remand for fresh determination.

The dispute centred on the nature of waqf over certain properties. The original petitioner, M. Sirajudeen Sayeed (since deceased, represented by legal...