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Bombay High Court Upholds Jurisdiction of Civil Court in Possession Dispute Involving Family Members. Section 33 of Maharashtra Rent Control Act, 1999 Held Not to Bar Suit as Tenancy Question Not Directly Arising.

The appeal before the Division Bench of the Bombay High Court arose from an order of a learned Single Judge deciding a preliminary issue of jurisdicti...

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Bombay High Court Frames Preliminary Issue of Limitation in Partition Suit Over Property Bequeathed by Will. Plaintiffs Claim Share in Villa Bemvinda and Challenge Development Agreement After Probate Was Granted and Revocation Petition Dismissed.

The dispute arose over Villa Bemvinda, a property in Bandra, Mumbai, originally owned by Andrew D'Cunha. He executed a will on 20.2.1971 bequeathing t...

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High Court of Bombay Examines Customs Appeal Against Tribunal's Reduction of Redemption Fine for Unauthorised Import of Restricted Rough Marble Blocks. Redemption Fine Under Section 125 of Customs Act, 1962 Must Be Premised on Market Price Determination, Absent Which Imposition Is Legally Unjustified.

The appeal arose under Section 130 of the Customs Act, 1962, filed by the Commissioner of Customs, JNCH, JNPT, Nhava Sheva, against an order dated 24 ...

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Supreme Court Allows State to Enhance Royalty/Dead Rent in Mining Leases Despite Absence of Express Clause. Statutory Provisions Under Section 15(3) of MMDR Act and Rules 10 and 21 of Punjab Minor Mineral Concession Rules, 1964 Impliedly Authorize Enhancement During Subsistence of Lease.

The Supreme Court considered two civil appeals arising from Special Leave Petitions filed by the State of Haryana against judgments of the Punjab and ...

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Bombay High Court Considers Interim Injunction in Trade Mark Passing Off Dispute Involving 'Ajanta' Toothpaste. The Court Examines Claims of Prior Use Where Plaintiffs Alleged Sales from June 2002 and Defendants from December 2002.

Background: The dispute concerned the use of the trade mark 'Ajanta' for toothpaste. The plaintiffs claimed to be prior users of the mark for non-medi...

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Supreme Court Affirms Interim Maintenance for Wife and Son in Matrimonial Dispute. Court Frames Guidelines on Maintenance Under Section 125 Cr.P.C. and Other Enactments to Ensure Uniformity and Consistency.

The case arises from an application for interim maintenance filed by the wife and minor son under Section 125 Cr.P.C. The wife left the matrimonial ho...

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Supreme Court Dismisses Appeal of 100% EOU in Customs Duty Case for Unauthorized DTA Sales of Cut Flowers. Cut Flowers Held Non-Excisable, Duty Leviable on Inputs Under Notification No. 126/94-Cus as Amended, Extended Limitation Period Invoked for Wilful Suppression.

The appeal arises from a dispute between M/s. L.R. Brothers Indo Flora Ltd., a 100% Export Oriented Unit (EOU) engaged in floriculture, and the Commis...

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Bombay High Court Quashes Reopening of Assessment Under Section 148 of Income Tax Act, 1961 for Lack of Fresh Material. Reassessment based on same facts as original assessment without new tangible material is invalid.

The petitioner, Shashikiran Janardhan Shetty, challenged a notice under Section 148 of the Income Tax Act, 1961, dated 1 July 2014, seeking to reopen ...