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Bombay High Court Dismisses Petition Challenging Order Refusing Return of Plaint in Suit for Possession of Garage. Court Holds That Question of Valuation and Court Fee Is a Mixed Question of Law and Fact to Be Decided at Trial, Not Under Order 7 Rule 10 CPC.

The petitioner, Ganpat Govind Shigvan, was a defendant in Suit No. 2151 of 2010 filed by the respondent, Preeti Paresh Shah, and her mother for posses...

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Bombay High Court Allows Writ Petition Quashing Service Tax Levy on Irrigation Restoration Charges Paid to State Government. State's Collection of Charges for Water Diversion is a Sovereign Function, Not a Taxable Service Under Finance Act, 1994.

The petitioner, Rattan India Power Limited, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challeng...

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Bombay High Court Allows Writ Petition Challenging Condition No. 5 of NOCs for Redevelopment Projects — Condition Imposing Payment of Expenditure Incurred by Board Held Unauthorized and Without Legal Basis. Court directs refund of amounts paid under protest pursuant to the impugned condition.

The Petitioner, Chandulal Jorawarmal Mehta, a sole proprietor of Mehta Developers, filed a Writ Petition under Article 226 of the Constitution of Indi...

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Bombay High Court Acquits Accused in CBI Bribery Case Due to Lack of Independent Witnesses and Procedural Lapses. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988.

The appellant, Rajesh Mopkar, a clerk in the Income Tax Office, Nagpur, was convicted by the Special Judge, Nagpur, for demanding and accepting a brib...

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Bombay High Court Allows Civil Reference in Suit for Injunction Against Recovery of Non-Agricultural Charges Under Bombay Revenue Jurisdiction Act, 1876. Civil Court Not Barred from Entertaining Suit as It Does Not Challenge Assessment but Merely Restrains Recovery of Charges.

The case involves a civil reference made by the Civil Judge, Senior Division, Latur to the Bombay High Court under Section 13 of the Bombay Revenue Ju...

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NCLAT Dismisses Appeal Against Assignment of Debt by Government Authority in CIRP. Assignment of operational debt by a government authority to a private entity is valid under the IBC, and the assignee becomes an operational creditor with voting rights in the CoC.

The appeal was filed by Ellison Oil Field Services Pvt. Ltd. against an order of the NCLT, Mumbai Bench 1 dated 21.08.2024, which dismissed an applica...

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High Court of Karnataka Dismisses Second Appeal in Property Declaration Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for declaration and injunction dismissed as plaintiffs failed to prove title and possession over suit land.

The appellants, plaintiffs in the original suit, filed O.S.No. 88/1995 before the Principal Civil Judge (Sr.Dn), Bidar, seeking a declaration of title...

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Bombay High Court Allows Widow's Petition Challenging Recovery from Pension for Government Quarter Occupation. Recovery from Dearness Allowance Without Statutory Authority Held Illegal and Quashed.

The petitioner, Smt. Mrinal Bhake, widow of late Sudhakarrao Bhake, filed a writ petition challenging a communication dated 8-6-2005 from the Assistan...