Search Results for "alternative remedies"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "alternative remedies"

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High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Being Time-Barred — Notice Issued Beyond Four-Year Limitation Period Without Proper Sanction. Reassessment Notice for AY 2019-2020 Issued on 12.04.2023 Held Without Jurisdiction as It Exceeded Limitation Under Section 149(1)(b) of Income Tax Act, 1961.

1 Aug 2023

The petitioner, Kartik Sureshchandra Gandhi, a businessman, filed a writ petition under Article 226 of the Constitution of India before the Bombay Hig...

High Court

Bombay High Court Grants Bail to Accused in NDPS Case Due to Non-Commercial Quantity and Long Incarceration. The court held that the quantity of Codeine (200 grams) was less than commercial quantity (1000 grams), thus Section 37 NDPS Act not attracted, and granted bail considering the period of custody.

27 Sep 2023

The applicant, Mukesh Rajaram Chaudhari, filed a bail application under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for offenc...

High Court

High Court of Bombay at Goa Allows Writ Petition Challenging Detention Under COFEPOSA — Detention Order Quashed for Non-Application of Mind and Failure to Consider Less Restrictive Alternatives. The court held that the detaining authority must consider alternative remedies before ordering preventive detention, and failure to do so vitiates the subjective satisfaction.

11 Oct 2023

The petitioner, a businessman, was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) by ...

High Court

Bombay High Court Allows Appeal Against Interim Payment Order in License Fee Dispute — Sets Aside Direction to Pay Rs. 37.61 Lakhs Per Month Pending Trial. Court Holds That Order Under Order XXXIX Rule 10 CPC for Interim Payment Requires Admission of Liability or Undisputed Amounts, Not Determination of Disputed Claims.

1 Nov 2023

The Appellant, Kavis Fashions Private Limited, challenged an order dated 4 January 2021 passed by the Joint Civil Judge Senior Division, Thane, allowi...

High Court

Bombay High Court Dismisses Habeas Corpus Petition for Return of Minor Child to USA in International Parental Child Abduction Case. Court holds that the child's removal from USA to India by mother was not wrongful under the Hague Convention on the Civil Aspects of International Child Abduction as India is not a signatory, and the child's best interests lie in India pending custody proceedings.

22 Dec 2023

The petitioner, Sanil Sreekumar, an Indian citizen residing in the USA, filed a habeas corpus petition seeking the return of his minor daughter Ananya...

High Court

Bombay High Court Allows Interim Application for Impleadment in Writ Petition Concerning Demolition of Building — Applicant Claims Ownership of Flat and Seeks to Protect Possession. The court held that the applicant has a direct interest in the property and should be heard before any order affecting his rights is passed.

13 Dec 2023

The judgment pertains to an interim application filed by Nagesh Madhava Suvarna seeking impleadment in a pending writ petition. The writ petition was ...

High Court

Bombay High Court Quashes Reassessment Notices in Income Tax Case Due to Lack of Reason to Believe — Deemed Dividend Addition Based on Incorrect Facts and Non-Application of Mind. The court held that the Assessing Officer must apply his own mind to tangible material before issuing a notice under Section 148 of the Income Tax Act, 1961, and that reopening on the same facts without new material amounts to a change of opinion.

17 Feb 2022

The petitioners, Pavan Morarka and Rachna Morarka, were shareholders in Shivum Holdings Pvt. Ltd. (Shivum) and P&A Estate Pvt. Ltd. (P&A). During the ...

High Court

Bombay High Court Dismisses PILs Seeking Ban on Film 'The Kashmir Files' for Alleged Hate Speech and Misrepresentation. Court holds that pre-censorship of a certified film is not permissible and that the film does not incite violence or hatred against any community.

23 Feb 2022

The judgment concerns three petitions filed before the Bombay High Court seeking a ban on the film 'The Kashmir Files' or revocation of its certificat...

High Court

Bombay High Court Dismisses Husband's Divorce Appeal and Allows Wife's Maintenance Enhancement in Matrimonial Dispute. Husband failed to prove cruelty and desertion under Hindu Marriage Act; wife entitled to enhanced maintenance despite divorce decree being set aside.

13 Apr 2022

The case involves two second appeals arising from matrimonial disputes between the same couple. The husband, Vasant Punju Chavan, filed a divorce peti...

High Court

Bombay High Court Dismisses Quashing Petition in SFIO Case — Remand Orders Valid Despite Cognizance Issue. Court holds that remand orders under Section 167 Cr.P.C. are independent of cognizance and not subject to challenge under Section 482 Cr.P.C. after filing of complaint.

19 Apr 2022

The applicant, Hari Sankaran, was arrested by the Serious Fraud Investigation Office (SFIO) on 1 April 2019 for an offence punishable under Section 44...

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