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Supreme Court Allows Appeal Against High Court's Review Order in Partition Suit — Held That High Court Erred in Reviewing Its Own Judgment Without Jurisdiction Under Order 47 Rule 1 CPC.

The appellant (plaintiff) filed a suit for partition and separate possession of suit properties, including houses and agricultural lands, against the ...

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WRIT PETITION NO. 2393 OF 2017

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Bombay High Court Quashes VIDC Circular Imposing 5% TDS on Contractors Without Statutory Authority. Circular No. 9 dated 17.02.2020 directing deduction of 5% TDS from contractor bills held ultra vires the Income Tax Act, 1961 and the VIDC Act.

The petitioner, M/s Musale Constructions, a partnership firm engaged in construction business, filed three writ petitions challenging Circular No. 9 d...

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Bombay High Court Allows Appeal in Property Dispute — Sets Aside Decree for Specific Performance. Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The appellant, Mrs. Kiran Nashine, filed two appeals against the judgment and decree dated 30.09.2009 passed by the Joint Civil Judge, Senior Division...

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Bombay High Court Dismisses Writ Petitions Against DRT Order in Debt Recovery Case — Bank Entitled to Recover Debt Under RDB Act. DRT Has Inherent Power to Reject Frivolous Counterclaim Without Recording Evidence, and High Court Should Not Interfere When Alternative Remedy of Appeal Exists.

The case involves two writ petitions arising from proceedings before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Fin...

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Bombay High Court Dismisses Landlord's Eviction Petition in Rent Control Case — Arrears of Rent and Bonafide Requirement Not Proven. Tenant's Deposit of Standard Rent and Continued Business Use Defeated Claims Under Bombay Rent Act.

The petitioner, Trilokchand Shantilal Badjate, as landlord, filed a civil suit before the Civil Judge, Senior Division, Malegaon seeking eviction of t...

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Bombay High Court Adjudicates Appeal Against Order Rejecting Impleadment in Suit for Specific Performance. Appellants Sought to Be Added as Co-Plaintiffs, Citing Interest in Property and Necessity for Complete Adjudication.

This appeal arose from the order of a learned single Judge of the Bombay High Court rejecting Chamber Summons No.1334/2004, by which the appellants so...

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Bombay High Court Dismisses PIL Challenging Golf Course Construction in CRZ Area. Court holds that the subject land is not within CRZ limits based on the approved CRZ map, and the petitioner failed to establish any illegality in the permissions granted.

The petitioner, Sunil Sureshchandra Agarwal, filed a Public Interest Litigation under Article 226 of the Constitution of India before the Bombay High ...